[Pages S8543-S8756]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022
The ACTING PRESIDENT pro tempore. The clerk will report the bill by
title.
The senior assistant legislative clerk read as follows:
A bill (H.R. 4350) to authorize appropriations for fiscal
year 2022 for military activities of the Department of
Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other
purposes.
The ACTING PRESIDENT pro tempore. The Senator from Rhode Island.
Amendment No. 3867, as Modified
Mr. REED. Madam President, I call up amendment No. 3867, as modified,
and I ask that it be reported by number.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The clerk will report the amendment by number.
The senior assistant legislative clerk read as follows:
The Senator from Rhode Island [Mr. Reed] proposes an
amendment numbered 3867, as modified.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2022''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into four divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Additional Provisions.
(6) Division F--Intelligence Authorization Act for Fiscal
Year 2022.
(7) Division G--Department of State Authorization Act of
2021.
(8) Division H--Reauthorization pf Native American Housing
Assistance and Self-Determination Act of 1996.
(b) Table of Contents.--The table of contents for this Act
is as follows:
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Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 121. Multiyear procurement authority for AH-64E Apache
helicopters.
Sec. 122. Multiyear procurement authority for UH-60M and HH-60M Black
Hawk helicopters.
Sec. 123. Report and limitations on acquisition of Integrated Visual
Augmentation System.
Sec. 124. Modification of deployment by the Army of interim cruise
missile defense capability.
Subtitle C--Navy Programs
Sec. 131. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 132. Analysis of certain radar investment options.
Sec. 133. Extension of report on Littoral Combat Ship mission packages.
Sec. 134. Extension of procurement authorities for certain amphibious
shipbuilding programs.
Sec. 135. Limitation on decommissioning or inactivating a battle force
ship before the end of expected service life.
Sec. 136. Acquisition, modernization, and sustainment plan for carrier
air wings.
Sec. 137. Improving oversight of Navy contracts for shipbuilding,
conversion, and repair.
Subtitle D--Air Force Programs
Sec. 141. Required minimum inventory of tactical airlift aircraft.
Sec. 142. Extension of inventory requirement for Air Force fighter
aircraft.
Sec. 143. Prohibition on use of funds for retirement of A-10 aircraft.
Sec. 144. Requirements relating to reports on fighter aircraft.
Sec. 145. Prohibition on additional F-35 aircraft for the Air National
Guard.
Sec. 146. Prohibition on availability of funds for reducing the number
of KC-135 aircraft of the Air National Guard designated
as primary mission aircraft inventory.
Sec. 147. Authority to divest 18 KC-135 aircraft.
Sec. 148. Prohibition on use of funds for a follow-on tanker aircraft
to the KC-46 aircraft.
Sec. 149. Maintenance of B-1 bomber aircraft squadrons.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Prohibition on duplication of efforts to provide air- and
space-based ground moving target indicator capability.
Sec. 162. Limitation on funds for armed overwatch aircraft.
Sec. 163. Transition of F-35 program sustainment from Joint Program
Office to Air Force and Navy.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Increase in allowable rate of basic pay for certain employees
of Defense Advanced Research Projects Agency.
Sec. 212. Additional mission areas for mechanisms for expedited access
to technical talent and expertise at academic
institutions by Department of Defense.
Sec. 213. Modification of other transaction authority for research
projects.
Sec. 214. Artificial intelligence metrics.
Sec. 215. Modification of the Joint Common Foundation Program.
Sec. 216. Executive education on emerging technologies for senior
civilian and military leaders.
Sec. 217. Improvements relating to national network for
microelectronics research and development.
Sec. 218. Activities to accelerate domestic quantum computing
capabilities.
Sec. 219. Pilot programs for passive telecommunications infrastructure
to facilitate installation 5G deployment.
Sec. 220. National Guard participation in microreactor testing and
evaluation.
Sec. 221. Limitation on transfer of certain operational flight test
events and reduction in operational flight test capacity.
Sec. 222. Limitation on availability of funds for the High Accuracy
Detection and Exploitation System.
Subtitle C--Codification and Technical Corrections
Sec. 231. Codification of direct hire authority at personnel
demonstration laboratories for advanced degree holders.
Sec. 232. Codification of authorities relating to Department of Defense
science and technology reinvention laboratories.
Sec. 233. Codification of requirement for Defense Established Program
to Stimulate Competitive Research.
Sec. 234. Technical correction to pilot program for enhancement of
research, development, test, and evaluation centers of
Department of Defense.
Subtitle D--Plans, Reports, and Other Matters
Sec. 241. Study on efficient use of Department of Defense test and
evaluation organizations, facilities, and laboratories.
Sec. 242. Analysis of potential modifications to Department of Defense
unmanned aerial systems categorization.
Sec. 243. Digital development infrastructure plan and working group.
Sec. 244. Optionally Manned Fighting Vehicle requirements analysis.
Sec. 245. Making permanent requirement for annual report by Director of
Operational Test and Evaluation.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Expansion of purposes of Sentinel Landscapes Partnership
program to include resilience.
Sec. 312. Maintenance of current analytical tools in evaluating energy
resilience measures.
Sec. 313. Military Aviation and Installation Assurance Clearinghouse
matters.
Sec. 314. Exemption from prohibition on use of open-air burn pits in
contingency operations outside the United States.
Sec. 315. Demonstration program on domestic production of rare earth
elements from coal byproducts.
Sec. 316. Authority to transfer amounts derived from energy cost
savings.
Sec. 317. Sense of Senate on energy independence and diversification.
Subtitle C--National Security Climate Resilience
Sec. 331. Short title.
Sec. 332. Definitions.
Sec. 333. Climate resilience in planning, engagement strategies,
infrastructure, and force development of Department of
Defense.
Sec. 334. Climate Resilience Infrastructure Initiative of the
Department of Defense.
Sec. 335. Assessment of climate risks to infrastructure of Department
of Defense.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 351. Treatment by Department of Defense of perfluoroalkyl
substances and polyfluoroalkyl substances.
Sec. 352. Public disclosure of testing and results of Department of
Defense testing for perfluoroalkyl or polyfluoroalkyl
substances and additional requirements for testing.
Sec. 353. Extension of transfer authority for funding of study and
assessment on health implications of per- and
polyfluoroalkyl substances contamination in drinking
water by Agency for Toxic Substances and Disease
Registry.
Sec. 354. Report on remediation of perfluoroalkyl substances and
polyfluoroalkyl substances at certain military
installations.
Sec. 355. Report on schedule for completion of remediation of
perfluoroalkyl substances and polyfluoroalkyl substances.
Subtitle E--Other Matters
Sec. 371. Extension of temporary authority to extend contracts and
leases under the ARMS Initiative.
Sec. 372. Incident reporting requirements for Department of Defense
regarding lost or stolen weapons.
Sec. 373. Repeal of sunset for naval vessel examination report.
Sec. 374. Report on ammunition organic industrial base modernization by
Department of the Army.
Sec. 375. Annual report by Secretary of the Navy on ship maintenance.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Authority with respect to authorized strengths for general
and flag officers within the Armed Forces for emerging
requirements.
Sec. 403. Additional authority to vary Space Force end strength.
Sec. 404. Temporary exemption from end strength grade restrictions for
the Space Force.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
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Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Increase in authorized lieutenant commander billets in the
Navy.
Sec. 502. Time in grade requirements.
Subtitle B--General Service Authorities and Correction of Military
Records
PART I-- Selective Service Reform
Sec. 511. Modernization of the Selective Service System.
Sec. 512. Report on exemptions and deferments for a possible military
draft.
Sec. 513. Report on processes and procedures for appeal of denial of
status or benefits for failure to register for Selective
Service.
Sec. 514. Responsibilities for national mobilization; personnel
requirements.
Sec. 515. Enhancements to national mobilization exercises.
PART II--Other Matters
Sec. 518. Military service independent racial disparity review.
Sec. 519. Appeals to Physical Evaluation Board determinations of
fitness for duty.
Sec. 520. Extension of paid parental leave.
Sec. 520A. Bereavement leave for members of the Armed Forces.
Subtitle C--Prevention and Response to Sexual Assault, Harassment, and
Related Misconduct, and Other Military Justice Matters
Sec. 521. DoD Safe Helpline authorization to perform intake of official
restricted and unrestricted reports for eligible adult
sexual assault victims.
Sec. 522. Assessment of relationship between command climate and the
prevention and adjudication of military sexual
misconduct.
Sec. 523. Policy for ensuring the annual report regarding sexual
assaults involving members of the Armed Forces includes
information on race and ethnicity of victims.
Sec. 524. Department of Defense tracking of allegations of retaliation
by victims of sexual assault or sexual harassment and
related persons.
Sec. 525. Special Victim's Counsel representation of civilian victims
of sex-related offenses.
Sec. 526. Notice to victims of further administrative action following
a determination not to refer to trial by court-martial.
Sec. 527. Recommendations on separate punitive article in the Uniform
Code of Military Justice on violent extremism.
Sec. 528. Determination and reporting of missing, absent unknown,
absent without leave, and duty status-whereabouts unknown
service members.
Sec. 529. Conduct unbecoming an officer.
Sec. 530. Analysis of the use of non-judicial punishment.
Sec. 530A. Sexual Assault Response Coordinator Military Occupational
Specialty.
Sec. 530B. Implementation of recommendations of the Independent Review
Commission on Sexual Assault in the Military.
Subtitle D--Military Justice Reform and Sexual Assault Prevention
PART I--Military Justice Matters
Sec. 531. Special victim prosecutors.
Sec. 532. Policies with respect to special victim prosecutors.
Sec. 533. Definition of military magistrate, special victim offense,
and special victim prosecutor.
Sec. 534. Clarification of applicability of domestic violence and
stalking to dating partners.
Sec. 535. Clarification relating to who may convene courts-martial.
Sec. 536. Inclusion of sexual harassment as general punitive article.
Sec. 537. Determinations of impracticability of rehearing.
Sec. 538. Plea agreements.
Sec. 539. Opportunity to obtain witness and other evidence in trials by
court-martial.
Sec. 540. Former jeopardy.
Sec. 541. Advice to convening authority before referral for trial.
Sec. 542. Preliminary hearing.
Sec. 543. Detail of trial counsel.
Sec. 544. Sentencing reform.
Sec. 545. Uniform, document-based data system.
Sec. 546. Primary prevention workforce.
Sec. 547. Annual primary prevention research agenda.
Sec. 548. Full functionality of certain advisory committees and panels.
Sec. 549. Military defense counsel parity.
Sec. 550. Resourcing.
Sec. 551. Applicability to the United States Coast Guard.
Sec. 552. Effective date.
PART II--Military Justice Improvement and Increasing Prevention
Sec. 561. Short title.
Sec. 562. Improvement of determinations on disposition of charges for
certain offenses under UCMJ with authorized maximum
sentence of confinement of more than one year.
Sec. 563. Modification of officers authorized to convene general and
special courts-martial for certain offenses under UCMJ
with authorized maximum sentence of confinement of more
than one year.
Sec. 564. Discharge using otherwise authorized personnel and resources.
Sec. 565. Monitoring and assessment of modification of authorities by
Defense Advisory Committee on Investigation, Prosecution,
and Defense of Sexual Assault in the Armed Forces.
Sec. 566. Limitation on modifications to sexual assault reporting
procedures.
Sec. 567. Professionalization of military prosecutors.
Sec. 568. Increased training and education on military sexual assault.
Sec. 569. Increasing the physical security of military installations.
Sec. 570. Effective date and applicability.
Subtitle E--Member Education, Training, and Transition
Sec. 571. Modification of grant program supporting science, technology,
engineering, and math education in the Junior Reserve
Officers' Training Corps to include quantum information
sciences.
Sec. 572. Allocation of authority for nominations to the military
service academies in the event of the death, resignation,
or expulsion from office of a member of Congress.
Sec. 573. Troops-to-Teachers Program.
Sec. 574. Combating foreign malign influence.
Sec. 575. Prohibition on implementation by United States Air Force
Academy of civilian faculty tenure system.
Subtitle F--Military Family Readiness and Dependents' Education
Sec. 581. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 582. Pilot program to establish employment fellowship
opportunities for military spouses.
Subtitle G--Other Matters and Reports
Sec. 591. Amendments to additional Deputy Inspector General of the
Department of Defense.
Sec. 592. Inclusion of Senior Reserve Officers' Training Corps data in
diversity and inclusion reporting.
Sec. 593. Modified deadline for establishment of special purpose
adjunct to Armed Services Vocational Aptitude Battery
test.
Sec. 594. Reports on Air Force personnel performing duties of a Nuclear
and Missile Operations Officer (13N).
Sec. 595. Reports on security force personnel performing protection
level one duties.
TITLE VI--MILITARY COMPENSATION
Sec. 601. Basic needs allowance for members on active service in the
Armed Forces.
Sec. 602. Equal incentive pay for members of the reserve components of
the Armed Forces.
Sec. 603. Extension of expiring travel and transportation authorities.
Sec. 604. Repeal of expiring travel and transportation authorities.
Sec. 605. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 606. Requirements in connection with suspension of retired pay and
retirement annuities.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Addition of preconception and prenatal carrier screening
coverage as benefits under TRICARE program.
Sec. 702. Coverage of overseas subacute and hospice care for eligible
overseas dependents of members of the uniformed services.
Sec. 703. Modification of pilot program on receipt of non-generic
prescription maintenance medications under TRICARE
pharmacy benefits program.
Subtitle B--Health Care Administration
Sec. 721. Revisions to TRICARE provider networks.
Sec. 722. Implementation of an integrated TRICARE program through
effective market management.
Sec. 723. Establishment of centers of excellence for enhanced treatment
of ocular injuries.
Sec. 724. Mandatory training on health effects of burn pits.
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Sec. 725. Removal of requirement for one year of participation in
certain medical and lifestyle incentive programs of the
Department of Defense to receive benefits under such
programs.
Sec. 726. Authority of Secretary of Defense and Secretary of Veterans
Affairs to enter into agreements for planning, design,
and construction of facilities to be operated as shared
medical facilities.
Sec. 727. Consistency in accounting for medical reimbursements received
by military medical treatment facilities from other
Federal agencies.
Subtitle C--Reports and Other Matters
Sec. 741. Access by United States Government employees and their family
members to certain facilities of Department of Defense
for assessment and treatment of anomalous health
conditions.
Sec. 742. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility
Demonstration Fund.
Sec. 743. Comptroller General study on implementation by Department of
Defense of recent statutory requirements to reform the
military health system.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Repeal of preference for fixed-price contracts.
Sec. 802. Improving the use of available data to manage and forecast
service contract requirements.
Sec. 803. Assessment of impediments and incentives to improving the
acquisition of commercial technology, products, and
services.
Sec. 804. Pilot program on acquisition practices for emerging
technologies.
Sec. 805. Annual report on highest and lowest performing acquisition
programs of the Department of Defense.
Sec. 806. Systems engineering determinations.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Recommendations on the use of other transaction authority.
Sec. 812. Modified condition for prompt contract payment eligibility.
Sec. 813. Exclusion of certain services from intergovernmental support
agreements for installation-support services.
Sec. 814. Modification of prize authority for advanced technology
achievements.
Sec. 815. Cost or pricing data reporting in Department of Defense
contracts.
Sec. 816. Authority to acquire innovative commercial products and
services using general solicitation competitive
procedures.
Sec. 817. Reporting requirement for defense acquisition activities.
Sec. 818. Department of Defense contractor professional training
material disclosure requirements.
Sec. 819. Report on place of performance requirements.
Sec. 820. Multiyear contract authority for defense acquisitions
specifically authorized by law.
Subtitle C--Industrial Base Matters
Sec. 831. Addition of certain items to list of high priority goods and
services for analyses, recommendations, and actions
related to sourcing and industrial capacity.
Sec. 832. Prohibition on acquisition of personal protective equipment
from non-allied foreign nations.
Sec. 833. Further prohibition on acquisition of sensitive materials.
Sec. 834. Requirement for industry days and requests for information to
be open to allied defense contractors.
Sec. 835. Assessment of requirements for certain items to address
supply chain vulnerabilities.
Sec. 836. Requirement that certain providers of systems to Department
of Defense disclose the source of printed circuit boards
when sourced from certain countries.
Sec. 837. Employment transparency regarding individuals who perform
work in the People's Republic of China.
Subtitle D--Small Business Matters
Sec. 841. Clarification of duties of Director of Small Business
Programs.
Sec. 842. Data on Phase III Small Business Innovation Research and
Small Business Technology Transfer program awards.
Sec. 843. Pilot program to incentivize employee ownership in defense
contracting.
Subtitle E--Other Matters
Sec. 851. Technology protection features activities.
Sec. 852. Independent study on technical debt in software-intensive
systems.
Sec. 853. Determination with respect to optical fiber transmission
equipment for Department of Defense purposes.
Sec. 854. Two-year extension of Selected Acquisition Report
requirement.
Sec. 855. Military standards for high-hardness armor in combat vehicle
specifications.
Sec. 856. Revisions to the Unified Facilities Criteria regarding the
use of variable refrigerant flow systems.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Change in eligibility requirements for appointment to certain
Department of Defense leadership positions.
Sec. 902. Renaming of Air National Guard to Air and Space National
Guard.
Sec. 903. Joint Aviation Safety Council.
Sec. 904. Assignments for participants in the John S. McCain Strategic
Defense Fellows Program.
Sec. 905. Alignment of Close Combat Lethality Task Force.
Sec. 906. Management innovation activities.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Commission on Planning, Programming, Budgeting, and
Execution Reform.
Sec. 1003. Plan for consolidation of information technology systems
used in the planning, programming, budgeting, and
execution process.
Subtitle B--Counterdrug Activities
Sec. 1011. Codification and expansion of authority for joint task
forces of the Department of Defense to support law
enforcement agencies conducting counter-terrorism,
counter-illicit trafficking, or counter-transnational
organized crime activities.
Sec. 1012. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy battle force ship assessment and requirement reporting.
Subtitle D--Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1033. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1035. Report on medical care provided to detainees at United
States Naval Station, Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Notification of significant Army force structure changes.
Sec. 1042. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain nonimmigrant H-2B
workers.
Subtitle F--Studies and Reports
Sec. 1051. Report on implementation of irregular warfare strategy.
Sec. 1052. Optimization of Irregular Warfare Technical Support
Directorate.
Sec. 1053. Quarterly briefings on anomalous health incidents.
Subtitle G--Other Matters
Sec. 1061. Commission on the National Defense Strategy.
Sec. 1062. Assessment of requirements for and management of Army three-
dimensional terrain data.
Sec. 1063. Modification to Regional Centers for Security Studies.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Civilian personnel management.
Sec. 1102. Consideration of employee performance in reductions in force
for civilian positions in the Department of Defense.
Sec. 1103. Enhancement of recusal for conflicts of personal interest
requirements for Department of Defense officers and
employees.
Sec. 1104. Authority to employ civilian faculty members at the Defense
Institute of International Legal Studies.
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Sec. 1105. Extension of temporary increase in maximum amount of
voluntary separation incentive pay authorized for
civilian employees of the Department of Defense.
Sec. 1106. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
Sec. 1107. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1108. Pilot program on direct hire authority for spouses of
members of the uniformed services at locations outside
the United States.
Sec. 1109. Civilian Cybersecurity Reserve pilot project at United
States Cyber Command.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to build capacity for additional operations.
Sec. 1202. Administrative support and payment of certain expenses for
covered foreign defense personnel.
Sec. 1203. Authority for certain reimbursable interchange of supplies
and services.
Sec. 1204. Extension and modification of Department of Defense support
for stabilization activities in national security
interest of the United States.
Sec. 1205. Temporary authority to pay for personnel expenses of foreign
national security forces participating in the training
program of the United States-Colombia Action Plan for
Regional Security.
Sec. 1206. Security cooperation strategy for certain combatant
commands.
Sec. 1207. Plan for enhancing Western Hemisphere security cooperation.
Sec. 1208. Pilot program to support the implementation of the Women,
Peace, and Security Act of 2017.
Sec. 1209. Limitation on support to military forces of the Kingdom of
Morocco for bilateral or multilateral exercises.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of authority for support for
reconciliation activities led by the Government of
Afghanistan and prohibition on use of funds for the
Taliban and other terrorist groups.
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1213. Afghanistan Security Forces Fund.
Sec. 1214. Quarterly security briefings on Afghanistan.
Sec. 1215. Sense of Senate and briefing on counterterrorism posture of
the United States after transition of United States Armed
Forces from Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension and modification of authority to provide
assistance to vetted Syrian groups and individuals.
Sec. 1222. Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq.
Sec. 1223. Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and
Syria.
Subtitle D--Matters Relating to Europe and the Russian Federation
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Extension of prohibition on availability of funds relating
to sovereignty of the Russian Federation over Crimea.
Sec. 1233. Extension of Ukraine Security Assistance Initiative.
Sec. 1234. Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1235. Sense of Senate on the North Atlantic Treaty Organization.
Sec. 1236. Sense of Senate on continuing support for Estonia, Latvia,
and Lithuania.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1241. Extension and modification of Indo-Pacific Maritime Security
Initiative.
Sec. 1242. Extension and modification of Pacific Deterrence Initiative.
Sec. 1243. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1244. Cooperative program with Vietnam to account for Vietnamese
personnel missing in action.
Sec. 1245. Assessment of and plan for improving the defensive
asymmetric capabilities of Taiwan.
Sec. 1246. Annual feasibility briefing on cooperation between the
National Guard and Taiwan.
Sec. 1247. Defense of Taiwan.
Sec. 1248. Comparative analyses and reports on efforts by the United
States and the People's Republic of China to advance
critical modernization technology with respect to
military applications.
Sec. 1249. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1250. Feasibility report on establishing more robust military-to-
military crisis communications with the People's Republic
of China.
Sec. 1251. Semiannual briefings on efforts to deter Chinese aggression
and military coercion.
Sec. 1252. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle F--Reports
Sec. 1261. Report on security cooperation authorities and associated
resourcing in support of the Security Force Assistance
Brigades.
Sec. 1262. Independent assessment with respect to Arctic region and
establishment of Arctic Security Initiative.
Sec. 1263. Annual report and briefing on Global Force Management
Allocation Plan.
Subtitle G--Other Matters
Sec. 1271. Modification of United States-Israel Operations-Technology
cooperation within the United States-Israel Defense
Acquisition Advisory Group.
Sec. 1272. Prohibition on support for offensive military operations
against the Houthis in Yemen.
Sec. 1273. Repeal of authorization of non-conventional assisted
recovery capabilities; modification of authority for
expenditure of funds for clandestine activities that
support operational preparation of the environment.
Sec. 1274. Extension and modification of authority for certain payments
to redress injury and loss.
Sec. 1275. Secretary of Defense Strategic Competition Initiative.
Sec. 1276. Strategic competition initiative for United States Southern
Command and United States Africa Command.
Sec. 1277. Modification of notification requirements for sensitive
military operations.
Sec. 1278. Special Operations Forces joint operating concept for
competition and conflict.
Sec. 1279. Plan for provision of information support to commanders of
the combatant commands.
Sec. 1280. Independent review of and report on the Unified Command
Plan.
Sec. 1281. Establishment of mission-oriented pilot programs to close
significant capabilities gaps.
Sec. 1282. Limitation on availability of certain funding for operation
and maintenance.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of Cooperative Threat
Reduction funds.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--Armed Forces Retirement Home
Sec. 1411. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle C--Other Matters
Sec. 1421. Authorization to loan materials in National Defense
Stockpile.
Sec. 1422. Repeal of termination of biennial report on National Defense
Stockpile requirements.
Sec. 1423. 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.
TITLE XV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1501. Delegation of authorities to Space Development Agency.
Sec. 1502. Modification to Space Development Agency.
[[Page S8548]]
Sec. 1503. Disclosure of National Security Space Launch program
contract pricing terms.
Sec. 1504. Extension and modification of Council on Oversight of the
Department of Defense Positioning, Navigation, and Timing
Enterprise.
Sec. 1505. Senior Procurement Executive authority.
Sec. 1506. Modifications to Space Force Acquisition Council.
Sec. 1507. Modifications relating to the Assistant Secretary of the Air
Force for Space Acquisition and Integration.
Sec. 1508. Modification to transfer of acquisition projects for space
systems and programs.
Sec. 1509. Extension and modification of certifications regarding
integrated tactical warning and attack assessment mission
of the Air Force.
Sec. 1510. Prohibition on Missile Defense Agency production of
satellites and ground systems associated with operation
of such satellites.
Sec. 1511. Continued requirement for National Security Space Launch
program.
Sec. 1512. Limitation, report, and briefing on use of commercial
satellite services and associated systems.
Sec. 1513. Study on commercial systems integration into, and support
of, Armed Forces space operations.
Sec. 1514. Space policy review.
Sec. 1515. Annual briefing on threats to space operations.
Subtitle B--Defense Intelligence and Intelligence-related Activities
Sec. 1521. Authority for Army counterintelligence agents to execute
warrants and make arrests.
Sec. 1522. Annual briefing by Director of the Defense Intelligence
Agency on electronic warfare threat to operations of the
Department of Defense.
Subtitle C--Nuclear Forces
Sec. 1531. Participation in United States Strategic Command strategic
deterrence exercises.
Sec. 1532. Modification to requirements relating to nuclear force
reductions.
Sec. 1533. Modifications to requirements relating to unilateral changes
in nuclear weapons stockpile of the United States.
Sec. 1534. Deadline for reports on modification of force structure for
strategic nuclear weapons delivery systems.
Sec. 1535. Modification of deadline for notifications relating to
reduction, consolidation, or withdrawal of nuclear forces
based in Europe.
Sec. 1536. Congressional Commission on the Strategic Posture of the
United States.
Sec. 1537. Revised nuclear posture review.
Sec. 1538. Ground-based strategic deterrent development program
accountability matrices.
Sec. 1539. Procurement authority for certain parts of ground-based
strategic deterrent cryptographic device.
Sec. 1540. Mission-design series popular name for ground-based
strategic deterrent.
Sec. 1541. B-21 Raider nuclear capability and integration with long-
range standoff weapon.
Sec. 1542. Comptroller General study and updated report on nuclear
weapons capabilities and force structure requirements.
Sec. 1543. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1544. Limitation on use of funds until completion of analysis of
alternatives for nuclear sea-launched cruise missile.
Sec. 1545. Sense of the Senate on NATO security and nuclear cooperation
between the United States and the United Kingdom.
Sec. 1546. Sense of the Senate on maintaining diversity in the nuclear
weapons stockpile.
Sec. 1547. Sense of the Senate on ground-based strategic deterrent.
Subtitle D--Missile Defense Programs
Sec. 1551. Authority to develop and deploy Next Generation Interceptor
for missile defense of the United States homeland.
Sec. 1552. Annual reliability testing for the Next Generation
Interceptor.
Sec. 1553. Next Generation Interceptor development program
accountability matrices.
Sec. 1554. Extension of period for transition of ballistic missile
defense programs to military departments.
Sec. 1555. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and
co-production.
Sec. 1556. Semiannual updates on meetings held by the Missile Defense
Executive Board.
Sec. 1557. Independent study of Department of Defense components' roles
and responsibilities relating to missile defense.
TITLE XVI--CYBERSPACE-RELATED MATTERS
Sec. 1601. Matters concerning cyber personnel requirements.
Sec. 1602. Cyber data management.
Sec. 1603. Assignment of certain budget control responsibilities to
Commander of United States Cyber Command.
Sec. 1604. Coordination between United States Cyber Command and private
sector.
Sec. 1605. Pilot program on public-private partnerships with internet
ecosystem companies to detect and disrupt adversary cyber
operations.
Sec. 1606. Zero trust strategy, principles, model architecture, and
implementation plans.
Sec. 1607. Demonstration program for automated security validation
tools.
Sec. 1608. Improvements to consortium of universities to advise
Secretary of Defense on cybersecurity matters.
Sec. 1609. Quarterly reports on cyber operations.
Sec. 1610. Assessment of cybersecurity posture and operational
assumptions and development of targeting strategies and
supporting capabilities.
Sec. 1611. Assessing capabilities to counter adversary use of
ransomware tools, capabilities, and infrastructure.
Sec. 1612. Comparative analysis of cybersecurity capabilities.
Sec. 1613. Report on the Cybersecurity Maturity Model Certification
program.
Sec. 1614. Report on potential Department of Defense support and
assistance for increasing the awareness of the
Cybersecurity and Infrastructure Security Agency of cyber
threats and vulnerabilities affecting critical
infrastructure.
Sec. 1615. Deadline for reports on assessment of cyber resiliency of
nuclear command and control system.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authorization of fiscal year 2017 project at
Wiesbaden Army Airfield.
Sec. 2105. Additional authority to carry out fiscal year 2018 project
at Fort Bliss, Texas.
Sec. 2106. Modification of authority to carry out fiscal year 2021
project at Fort Wainwright, Alaska.
Sec. 2107. Additional authority to carry out fiscal year 2022 project
at Aberdeen Proving Ground, Maryland.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Extension of authorizations of certain fiscal year 2017
projects.
Sec. 2306. Extension of authorizations of fiscal year 2017 projects at
Spangdahlem Air Base, Germany.
Sec. 2307. Extension of authorization of fiscal year 2017 project at
Hanscom Air Force Base, Massachusetts.
Sec. 2308. Modification of authority to carry out fiscal year 2018
project at Tyndall Air Force Base, Florida.
Sec. 2309. Modification of authority to carry out fiscal year 2020
projects at Tyndall Air Force Base, Florida.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authorization of fiscal year 2017 project at
Yokota Air Base, Japan.
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TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland provided infrastructure projects.
Sec. 2513. Authorization to accept contributions from the Republic of
Korea in the form of an irrevocable letter of credit.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Clarification of establishment of the Office of Local
Defense Community Cooperation as a Department of Defense
Field Activity.
Sec. 2802. Use of amounts available for operation and maintenance in
carrying out military construction projects for energy
resilience, energy security, or energy conservation.
Subtitle B--Military Family Housing
Sec. 2811. Command oversight of military privatized housing as element
of performance evaluations.
Sec. 2812. Clarification of prohibition against collection from tenants
of privatized military housing units of amounts in
addition to rent and application of existing law.
Sec. 2813. Modification of calculation of military housing contractor
pay for privatized military housing.
Sec. 2814. Modification of requirements relating to window fall
prevention devices at military family housing.
Subtitle C--Land Conveyances
Sec. 2821. Land conveyance, St. Louis, Missouri.
Sec. 2822. Land conveyance, Saint Joseph, Missouri.
Sec. 2823. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Sec. 2824. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia.
Subtitle D--Other Matters
Sec. 2831. Consideration of public education when making basing
decisions.
Sec. 2832. Designation of facility at Rock Island Arsenal, Illinois.
Sec. 2833. Improvement of security of lodging and living spaces on
military installations.
Sec. 2834. Expansion of authority of Secretary of the Navy to lease and
license Navy museum facilities to generate revenue to
support museum administration and operations.
Sec. 2835. Pilot program on establishment of account for reimbursement
for use of testing facilities at installations of the
Department of the Air Force.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Nuclear Weapons Stockpile Matters
Sec. 3111. Portfolio management framework for National Nuclear Security
Administration.
Sec. 3112. Reports on risks to and gaps in industrial base for nuclear
weapons components, subsystems, and materials.
Sec. 3113. Sense of Senate on oversight role of Congress in conduct of
nuclear weapons testing.
Subtitle C--Defense Environmental Cleanup Matters
PART I--Environmental Management Liability Reduction and Technology
Development
Sec. 3121. Definitions.
Sec. 3122. Independent assessment and management of defense
environmental cleanup programs.
Sec. 3123. Incremental Technology Development Program.
Sec. 3124. High-Impact Technology Development Program.
Sec. 3125. Environmental Management University Program.
PART II--Other Matters
Sec. 3131. Comprehensive strategy for treating, storing, and disposing
of defense nuclear waste resulting from stockpile
maintenance and modernization activities.
Subtitle D--Budget and Financial Management Matters
Sec. 3141. Improvements to cost estimates informing analyses of
alternatives.
Sec. 3142. Modification of requirements for certain construction
projects.
Sec. 3143. Modification to terminology for reports on financial
balances for atomic energy defense activities.
Subtitle E--Other Matters
Sec. 3151. Extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3152. Extension of enhanced procurement authority to manage supply
chain risk.
Sec. 3153. Extension of authority for acceptance of contributions for
acceleration of removal or security of fissile materials,
radiological materials, and related equipment at
vulnerable sites worldwide.
Sec. 3154. Updates to Infrastructure Modernization Initiative.
Sec. 3155. Acquisition of high-performance computing capabilities by
National Nuclear Security Administration.
Sec. 3156. Limitation on use of funds for naval nuclear fuel systems
based on low-enriched uranium.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. References to Chairperson and Vice Chairperson of Defense
Nuclear Facilities Safety Board.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Maritime Administration.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. OPERATION AND MAINTENANCE.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of energy national security programs.
DIVISION E--ADDITIONAL PROVISIONS
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 5201. Improvements relating to steering committee on emerging
technology and national security threats.
Sec. 5202. Briefing on additive manufacturing capabilities.
Sec. 5203. Importance of historically Black colleges and universities
and minority-serving institutions.
Sec. 5204. Additional funding for Undersea Warfare Applied Research.
TITLE LIII--OPERATION AND MAINTENANCE
Sec. 5301. Improved oversight for implementation of Shipyard
Infrastructure Optimization Program of the Navy.
Sec. 5302. Treatment by Department of Defense of perfluoroalkyl
substances and polyfluoroalkyl substances.
Sec. 5303. Report on progress of Air Force regarding contaminated real
property.
[[Page S8550]]
TITLE LV--MILITARY PERSONNEL POLICY
Sec. 5501. Concurrent use of Department of Defense Tuition Assistance
and Montgomery GI Bill-Selected Reserve benefits.
Sec. 5502. Study on employment of military spouses.
Sec. 5503. Authorization to award medal of honor to Private First Class
Charles R. Johnson for acts of valor during the Korean
War.
Sec. 5504. Report on status of Army Tuition Assistance Program Army
IgnitED program.
Sec. 5505. Authority to vary number of Space Force officers considered
for promotion to major general.
TITLE LVII--HEALTH CARE PROVISIONS
Sec. 5701. Assignment of medical and dental personnel of the military
departments to military medical treatment facilities.
Sec. 5702. Study on incidence of breast cancer among members of the
Armed Forces serving on active duty.
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 5801. Extension of authority for the enhanced transfer of
technology developed at Department of Defense
laboratories.
Sec. 5802. Air Force strategy for acquisition of combat rescue aircraft
and equipment.
Sec. 5803. Unfunded small business innovation research projects.
TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 5901. Modification of position of Principal Cyber Advisor.
TITLE LX--GENERAL PROVISIONS
Subtitle A--Miscellaneous
Sec. 6001. Report on material readiness of Virginia class submarines of
the Navy.
Sec. 6002. Catawba Indian Nation lands.
Sec. 6003. Comptroller General assessment of quality and nutrition of
food available at military installations for members of
the Armed Forces.
Sec. 6004. Modification of Department of Defense threshold for the
disinterment of unidentified remains.
Sec. 6005. Report on impact of Operation Allies Welcome on the National
Guard.
Sec. 6006. National Cyber Exercise Program.
Sec. 6007. Report on the demilitarization abroad of unserviceable
munitions located outside the United States.
Sec. 6008. Eligibility of certain individuals who served with special
guerrilla units or irregular forces in Laos for interment
in national cemeteries.
Sec. 6009. Requirement to post a 100 word summary to regulations.gov.
Sec. 6010. Commission on Planning, Programming, Budgeting, and
Execution Reform recommendations and report.
Sec. 6011. Briefing assessing the feasibility of delaying delivery of
budget details for a certain subset of Department of
Defense budget.
Sec. 6012. United States-Israel Cybersecurity Cooperation Enhancement.
Sec. 6013. United States Grand Strategy with respect to China.
Sec. 6014. National Global War on Terrorism Memorial.
Subtitle B--Combating Synthetic Drugs
Sec. 6021. Short title.
Sec. 6022. Prioritization of efforts of the Department of State to
combat international trafficking in covered synthetic
drugs.
Sec. 6023. Program to provide assistance to build the capacity of
foreign law enforcement agencies with respect to covered
synthetic drugs.
Sec. 6024. Exchange program on demand reduction matters relating to
illicit use of covered synthetic drugs.
Sec. 6025. Amendments to international narcotics control program.
Sec. 6026. Sense of Congress.
Sec. 6027. Definitions.
Subtitle C--Foreign Service Families Act of 2021
Sec. 6031. Short title.
Sec. 6032. Telecommuting opportunities.
Sec. 6033. Employment and education programs for eligible family
members of members of the Foreign Service.
Sec. 6034. Briefing on Foreign Service family reserve corps.
Sec. 6035. Treatment of family members seeking positions customarily
filled by Foreign Service officers or foreign national
employees.
Sec. 6036. In-State tuition rates for members of qualifying Federal
service.
Sec. 6037. Termination of residential or motor vehicle leases and
telephone service contracts for certain members of the
Foreign Service.
TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Miscellaneous
Sec. 6201. Clarification of requirements for contributions by
participants in the American, British, Canadian, and
Australian Armies' Program.
Sec. 6202. Sense of Congress on interoperability with Taiwan.
Sec. 6203. Briefing on programming and budgeting for the Pacific
Deterrence Initiative.
Sec. 6204. Afghanistan War Commission Act of 2021.
Sec. 6205. Sense of Senate on continuing support for Estonia, Latvia,
and Lithuania.
Sec. 6206. Review of port and port-related infrastructure purchases and
investments made by the Government of the People's
Republic of China and entities directed or backed by the
Government of the People's Republic of China.
Sec. 6207. Supporting democracy in Burma.
Sec. 6208. United States-Israel Artificial Intelligence Center.
Subtitle B--U.S.-Greece Defense and Interparliamentary Partnership Act
of 2021
Sec. 6211. Short title.
Sec. 6212. Findings.
Sec. 6213. Sense of Congress.
Sec. 6214. Funding for European Recapitalization Incentive Program.
Sec. 6215. Sense of Congress on loan program.
Sec. 6216. Transfer of F-35 Joint Strike Fighter aircraft to Greece.
Sec. 6217. IMET cooperation with Greece.
Sec. 6218. Cyprus, Greece, Israel, and the United States 3+1
interparliamentary group.
Sec. 6219. Appropriate congressional committees.
TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Sec. 6501. Report on sensing capabilities of the Department of Defense
to assist fighting wildfires.
Sec. 6502. Active protection of the Major Range and Test Facility Base.
Sec. 6503. Modification to estimate of damages from Federal
Communications Commission Order 20-48.
Sec. 6504. Semiannual notifications regarding missile defense tests and
costs.
Sec. 6505. Briefing on consultations with United States allies
regarding nuclear posture review.
TITLE LXVI--CYBERSPACE-RELATED MATTERS
Sec. 6601. Matters concerning cyber personnel education requirements.
Sec. 6602. Pilot program on public-private partnerships with internet
ecosystem companies to detect and disrupt adversary cyber
operations.
Sec. 6603. Briefing on Department of Defense interoperability for data
analytics.
TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Sec. 7801. Comptroller general study on management by Department of
Defense of military housing in areas with limited
available housing for private citizens.
TITLE LXXXI--NATIONAL SECURITY PROGRAMS AND AUTHORIZATIONS
Sec. 8101. Report on plant-directed research and development.
TITLE XC--FUNDING TABLES
Sec. 9101. Increased funding for heavy tactical trucks.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2022
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE MATTERS
Subtitle A--Intelligence Community Matters
Sec. 301. Increasing agricultural and commercial intelligence measures.
Sec. 302. Plan for allowing contracts with providers of services
relating to sensitive compartmented information
facilities.
Sec. 303. Plan to establish commercial geospatial intelligence data and
services program office.
Sec. 304. Investment strategy for commercial geospatial intelligence
services acquisition.
Sec. 305. Central Intelligence Agency Acquisition Innovation Center
report, strategy, and plan.
Sec. 306. Improving authorities relating to national
counterintelligence and security.
Sec. 307. Removal of Chief Information Officer of the Intelligence
Community from level IV of the Executive Schedule.
Sec. 308. Requirements relating to construction of facilities to be
used primarily by intelligence community.
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Sec. 309. Director of National Intelligence support for intelligence
community diversity, equity, inclusion, and accessibility
activities.
Sec. 310. Establishment of Diversity, Equity, and Inclusion Officer of
the Intelligence Community.
Sec. 311. Annual report evaluating collaboration between the National
Reconnaissance Office and the Space Force.
Sec. 312. Director of National Intelligence declassification review of
information relating to terrorist attacks of September
11, 2001.
Sec. 313. Establishment of Chaplain Corps of the Central Intelligence
Agency.
Sec. 314. Pilot program on recruitment and retention in Office of
Intelligence and Analysis of the Department of the
Treasury.
Sec. 315. Pilot program on student loan repayment at Office of
Intelligence and Analysis of Department of the Treasury.
Sec. 316. Prohibition on collection and analysis of United States
persons' information by intelligence community based on
First Amendment-protected activities.
Sec. 317. Sense of the Senate on the use of intelligence community
resources for collection, assessment, and analysis of
information pertaining exclusively to United States
persons absent a foreign nexus.
Subtitle B--Inspector General of the Intelligence Community
Sec. 321. Submittal of complaints and information by whistleblowers in
the intelligence community to Congress.
Sec. 322. Definitions and authorities regarding whistleblower
complaints and information of urgent concern received by
Inspectors General of the intelligence community.
Sec. 323. Harmonization of whistleblower protections.
Sec. 324. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure by employees
and contractors in intelligence community.
Sec. 325. Congressional oversight of controlled access programs.
Subtitle C--Reports and Assessments Pertaining to the Intelligence
Community
Sec. 331. Report on efforts to build an integrated hybrid space
architecture.
Sec. 332. Report on Project Maven transition.
Sec. 333. Assessment of intelligence community counternarcotics
capabilities.
Sec. 334. Assessment of intelligence community's intelligence-sharing
relationships with Latin American partners in
counternarcotics.
Sec. 335. Report on United States Southern Command intelligence
capabilities.
Sec. 336. Director of National Intelligence report on trends in
technologies of strategic importance to United States.
Sec. 337. Report on Nord Stream II companies and intelligence ties.
Sec. 338. Assessment of Organization of Defensive Innovation and
Research activities.
Sec. 339. Report on intelligence community support to Visas Mantis
program.
Sec. 340. Plan for artificial intelligence digital ecosystem.
Sec. 341. Study on utility of expanded personnel management authority.
Sec. 342. Assessment of role of foreign groups in domestic violent
extremism.
Sec. 343. Report on the assessment of all-source cyber intelligence
information, with an emphasis on supply chain risks.
Sec. 344. Support for and oversight of Unidentified Aerial Phenomena
Task Force.
Sec. 345. Publication of unclassified appendices from reports on
intelligence community participation in Vulnerabilities
Equities Process.
Sec. 346. Report on future structure and responsibilities of Foreign
Malign Influence Center.
Subtitle D--People's Republic of China
Sec. 351. Assessment of posture and capabilities of intelligence
community with respect to actions of the People's
Republic of China targeting Taiwan.
Sec. 352. Plan to cooperate with intelligence agencies of key
democratic countries regarding technological competition
with People's Republic of China.
Sec. 353. Assessment of People's Republic of China genomic collection.
Sec. 354. Updates to annual reports on influence operations and
campaigns in the United States by the Chinese Communist
Party.
Sec. 355. Report on influence of People's Republic of China through
Belt and Road Initiative projects with other countries.
Sec. 356. Study on the creation of an official digital currency by the
People's Republic of China.
Sec. 357. Report on efforts of Chinese Communist Party to erode freedom
and autonomy in Hong Kong.
Sec. 358. Report on targeting of renewable sectors by China.
TITLE IV--ANOMALOUS HEALTH INCIDENTS
Sec. 401. Definition of anomalous health incident.
Sec. 402. Assessment and report on interagency communication relating
to efforts to address anomalous health incidents.
Sec. 403. Advisory panel on the Office of Medical Services of the
Central Intelligence Agency.
Sec. 404. Joint task force to investigate anomalous health incidents.
Sec. 405. Reporting on occurrence of anomalous health incidents.
Sec. 406. Access to certain facilities of United States Government for
assessment of anomalous health conditions.
TITLE V--SECURITY CLEARANCES AND TRUSTED WORKFORCE
Sec. 501. Exclusivity, consistency, and transparency in security
clearance procedures, and right to appeal.
Sec. 502. Federal policy on sharing of covered insider threat
information pertaining to contractor employees in the
trusted workforce.
Sec. 503. Performance measures regarding timeliness for personnel
mobility.
Sec. 504. Governance of Trusted Workforce 2.0 initiative.
TITLE VI--OTHER INTELLIGENCE MATTERS
Sec. 601. Periodic reports on technology strategy of intelligence
community.
Sec. 602. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 603. Reports on intelligence support for and capacity of the
Sergeants at Arms of the Senate and the House of
Representatives and the United States Capitol Police.
Sec. 604. Study on vulnerability of Global Positioning System to
hostile actions.
Sec. 605. Authority for transportation of federally owned canines
associated with force protection duties of intelligence
community.
DIVISION G--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021
Sec. 10001. Short title.
Sec. 10002. Definitions.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 10101. Sense of Congress on importance of Department of State's
work.
Sec. 10102. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 10103. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 10104. Office of International Disability Rights.
Sec. 10105. Special appointment authority.
Sec. 10106. Repeal of authority for Special Representative and Policy
Coordinator for Burma.
Sec. 10107. Anti-piracy information sharing.
Sec. 10108. Importance of foreign affairs training to national
security.
Sec. 10109. Classification and assignment of Foreign Service officers.
Sec. 10110. Reporting on implementation of GAO recommendations.
Sec. 10111. Extension of period for reimbursement of fishermen for
costs incurred from the illegal seizure and detention of
U.S.-flag fishing vessels by foreign governments.
Sec. 10112. Art in embassies.
Sec. 10113. Amendment or repeal of reporting requirements.
TITLE II--EMBASSY CONSTRUCTION
Sec. 10201. Embassy security, construction, and maintenance.
Sec. 10202. Standard design in capital construction.
Sec. 10203. Capital construction transparency.
Sec. 10204. Contractor performance information.
Sec. 10205. Growth projections for new embassies and consulates.
Sec. 10206. Long-range planning process.
Sec. 10207. Value engineering and risk assessment.
Sec. 10208. Business volume.
Sec. 10209. Embassy security requests and deficiencies.
Sec. 10210. Overseas security briefings.
Sec. 10211. Contracting methods in capital construction.
Sec. 10212. Competition in embassy construction.
Sec. 10213. Statement of policy.
Sec. 10214. Definitions.
TITLE III--PERSONNEL ISSUES
Sec. 10301. Defense Base Act insurance waivers.
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Sec. 10302. Study on Foreign Service allowances.
Sec. 10303. Science and technology fellowships.
Sec. 10304. Travel for separated families.
Sec. 10305. Home leave travel for separated families.
Sec. 10306. Sense of Congress regarding certain fellowship programs.
Sec. 10307. Technical correction.
Sec. 10308. Foreign Service awards.
Sec. 10309. Diplomatic programs.
Sec. 10310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 10311. Employee assignment restrictions and preclusions.
Sec. 10312. Recall and reemployment of career members.
Sec. 10313. Strategic staffing plan for the Department of State.
Sec. 10314. Consulting services.
Sec. 10315. Incentives for critical posts.
Sec. 10316. Extension of authority for certain accountability review
boards.
Sec. 10317. Foreign Service suspension without pay.
Sec. 10318. Foreign Affairs Manual and Foreign Affairs Handbook
changes.
Sec. 10319. Waiver authority for individual occupational requirements
of certain positions.
Sec. 10320. Appointment of employees to the Global Engagement Center.
Sec. 10321. Education allowances due to coronavirus.
Sec. 10322. Competitive status for certain employees hired by
Inspectors General to support the lead IG mission.
Sec. 10323. Report relating to Foreign Service Officer training and
development.
Sec. 10324. International fairs and expositions.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 10401. Definitions.
Sec. 10402. Exit interviews for workforce.
Sec. 10403. Recruitment and retention.
Sec. 10404. Leadership engagement and accountability.
Sec. 10405. Professional development opportunities and tools.
Sec. 10406. Examination and oral assessment for the Foreign Service.
Sec. 10407. Payne fellowship authorization.
Sec. 10408. Voluntary participation.
TITLE V--INFORMATION SECURITY
Sec. 10501. Definitions.
Sec. 10502. List of certain telecommunications providers.
Sec. 10503. Foreign Relations of the United States (FRUS) series and
declassification.
TITLE VI--PUBLIC DIPLOMACY
Sec. 10601. Short title.
Sec. 10602. Avoiding duplication of programs and efforts.
Sec. 10603. Improving research and evaluation of public diplomacy.
Sec. 10604. Permanent reauthorization of the United States Advisory
Commission on Public Diplomacy.
Sec. 10605. Streamlining of support functions.
Sec. 10606. Guidance for closure of public diplomacy facilities.
Sec. 10607. Definitions.
TITLE VII--COMBATING PUBLIC CORRUPTION
Sec. 10701. Sense of Congress.
Sec. 10702. Definitions.
Sec. 10703. Publication of tiered ranking list.
Sec. 10704. Minimum standards for the elimination of corruption and
assessment of efforts to combat corruption.
Sec. 10705. Designation of embassy anti-corruption points of contact.
TITLE VIII--OTHER MATTERS
Sec. 10801. Limitation on assistance to countries in default.
Sec. 10802. Sean and David Goldman Child Abduction Prevention and
Return Act of 2014 amendment.
Sec. 10803. Congressional oversight, quarterly review, and authority
relating to concurrence provided by chiefs of mission for
the provision of support relating to certain United
States Government operations.
Sec. 10804. Report on efforts of the Coronavirus Repatriation Task
Force.
DIVISION H--REAUTHORIZATION OF NATIVE AMERICAN HOUSING ASSISTANCE AND
SELF-DETERMINATION ACT OF 1996
Sec. 11001. Short title.
Sec. 11002. Consolidation of environmental review requirements.
Sec. 11003. Authorization of appropriations.
Sec. 11004. Student housing assistance.
Sec. 11005. Application of rent rule only to units owned or operated by
Indian tribe or tribally designated housing entity.
Sec. 11006. Program requirements.
Sec. 11007. De minimis exemption for procurement of goods and services.
Sec. 11008. Homeownership or lease-to-own low-income requirement and
income targeting.
Sec. 11009. Lease requirements and tenant selection.
Sec. 11010. Indian Health Service.
Sec. 11011. Statutory authority to suspend grant funds in emergencies.
Sec. 11012. Reports to Congress.
Sec. 11013. 99-year leasehold interest in trust or restricted lands for
housing purposes.
Sec. 11014. Amendments for block grants for affordable housing
activities.
Sec. 11015. Reauthorization of Native Hawaiian homeownership
provisions.
Sec. 11016. Total development cost maximum project cost.
Sec. 11017. Community-based development organizations.
Sec. 11018. Indian tribe eligibility for HUD housing counseling grants.
Sec. 11019. Section 184 Indian Home Loan Guarantee program.
Sec. 11020. Loan guarantees for Native Hawaiian housing.
Sec. 11021. Drug elimination program.
Sec. 11022. Rental assistance for homeless or at-risk Indian veterans.
Sec. 11023. Leveraging.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees''
has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
TITLE I--PROCUREMENT
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. 121. 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. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60M AND HH-
60M BLACK HAWK HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary
of the Army may enter into one or more multiyear contracts,
beginning with the fiscal year 2022 program year, for the
procurement of UH-60M and HH-60M Black Hawk helicopters.
(b) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2022 is subject
to the availability of appropriations for that purpose for
such later fiscal year.
SEC. 123. REPORT AND LIMITATIONS ON ACQUISITION OF INTEGRATED
VISUAL AUGMENTATION SYSTEM.
(a) Report Required.--
(1) In general.--Not later than January 31, 2022, but after
completion of operational testing of the Integrated Visual
Augmentation System (IVAS), the Secretary of the Army shall
submit to the congressional defense committees a report on
the Integrated Visual Augmentation System.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A validation of the reliability of the Integrated
Visual Augmentation System to meet operational need for mean
time between failure to support anticipated operational
mission profiles.
(B) A validation of network adequacy for operational
employment of the System, including ability to integrate into
command networks, and a plan to facilitate the display of
position location and identification information for adjacent
units, non-System-equipped platforms, and soldiers.
(C) A validation of power duration adequacy and a plan for
battery management of the System to meet anticipated
operational mission requirements.
(D) A plan to ensure targetable three-dimensional terrain
data in the System.
(E) A basis-of-issue plan based on lessons of developmental
and operational testing of the System.
(F) A plan for iterative improvements to sensors, software,
and form factor throughout production and procurement of the
System.
(G) Any other matters that the Secretary considers relevant
to the full understanding of the status and plan of the
System.
[[Page S8553]]
(b) Limitation on Use of Funds.--Of the funds authorized to
be appropriated by this Act for fiscal year 2022 for
procurement of the Integrated Visual Augmentation System, not
more than 50 percent may be obligated or expended until the
date on which the Secretary submits to the congressional
defense committees the report required by subsection (a)(1).
SEC. 124. MODIFICATION OF DEPLOYMENT BY THE ARMY OF INTERIM
CRUISE MISSILE DEFENSE CAPABILITY.
Section 112(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1660), as amended by section 111(b) of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), is further amended--
(1) in paragraph (1), by striking ``shall deploy the
capability as follows:'' and all that follows through the
period at the end and inserting ``shall deploy two batteries
of the capability by not later than September 30, 2020.'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``deadlines'' and
inserting ``deadline'';
(B) in the matter preceding subparagraph (A), by striking
``deadlines'' and inserting ``deadline'';
(C) in subparagraph (F), by adding ``and'' at the end;
(D) by striking subparagraph (G); and
(E) by redesignating subparagraph (H) as subparagraph (G);
and
(3) in paragraph (4), by striking ``in paragraph (1):'' and
all that follows through the period at the end and inserting
``in paragraph (1), if the Secretary determines that
sufficient funds have not been appropriated to enable the
Secretary to meet such deadline.''.
Subtitle C--Navy Programs
SEC. 131. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
FOR NAVY PORT WATERBORNE SECURITY BARRIERS.
Section 130(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1665), as most recently amended by section 127 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is further amended by striking ``for fiscal years 2019, 2020,
or 2021'' and inserting ``for fiscal years 2019, 2020, 2021,
or 2022''.
SEC. 132. ANALYSIS OF CERTAIN RADAR INVESTMENT OPTIONS.
(a) Analysis.--
(1) In general.--The Director of Cost Assessment and
Program Evaluation shall conduct an analysis of covered radar
systems operating with the Aegis combat system in the Navy
and the Missile Defense Agency in the future-years defense
program.
(2) Elements.--The analysis conducted under paragraph (1)
shall include the following:
(A) An independent cost estimate of each covered radar
systems described in paragraph (1) and each variant thereof.
(B) An assessment of the capability provided by each such
system and variant to address current and future air and
missile defense threats.
(C) In the case of covered radar systems operating with the
Aegis combat system in the Navy, an assessment of the
capability and technical suitability of each planned
configuration for such systems to support current and future
distributed maritime operations in contested environments.
(b) Report.--Not later than March 1, 2022, the Director of
Cost Assessment and Program Evaluation shall submit to the
congressional defense committees the following:
(1) A report on the results of the analysis conducted under
subsection (a)(1).
(2) Such recommendations as the Director may have to
achieve greater capability, affordability, and sustainability
across covered radar systems described in subsection (a)(1),
including variants thereof, during fiscal years 2022 through
2027, including whether to maintain parallel paths with
different systems configurations or to choose to pursue fewer
configurations.
(c) Covered Radar Systems Defined.--In this section, the
term ``covered radar systems'' includes the following:
(1) AN/SPY-1.
(2) AN/SPY-6.
(3) AN/SPY-7.
SEC. 133. EXTENSION OF REPORT ON LITTORAL COMBAT SHIP MISSION
PACKAGES.
Section 123(a)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2030) is
amended by striking ``fiscal year 2022'' and inserting
``fiscal year 2027''.
SEC. 134. EXTENSION OF PROCUREMENT AUTHORITIES 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. 135. LIMITATION ON DECOMMISSIONING OR INACTIVATING A
BATTLE FORCE SHIP BEFORE THE END OF EXPECTED
SERVICE LIFE.
(a) In General.--Chapter 863 of title 10, United States
Code, is amended by inserting after section 8678 the
following new section:
``Sec. 8678a. Limitation on decommissioning or inactivating a
battle force ship before the end of expected service life
``(a) Limitation.--The Secretary of the Navy may not
decommission or inactivate a battle force ship before the end
of the expected service life of the ship.
``(b) Waiver.--The Secretary may waive the limitation under
subsection (a) not fewer than 30 days after the date on which
the Secretary submits to the congressional defense committees
a certification described in subsection (c).
``(c) Certification Described.--A certification described
in this subsection is a certification that--
``(1)(A) maintaining the battle force ship in a reduced
operating status is not feasible;
``(B) maintaining the ship with reduced capability is not
feasible;
``(C) maintaining the ship as a Navy Reserve unit is not
feasible;
``(D) transferring the ship to the Coast Guard is not
feasible;
``(E) maintaining the ship is not required to support the
most recent national defense strategy required by section
113(g) of this title; and
``(F) maintaining the ship is not required to support
operational plans of any combatant commander; and
``(2) includes an explanation of--
``(A) the options assessed and the rationale for the
determinations under subparagraphs (A) through (D) of
paragraph (1); and
``(B) the rationale for the determinations under
subparagraphs (E) and (F) of such paragraph.
``(d) Form.--A certification submitted under subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
``(e) Definitions.--In this section:
``(1) The term `battle force ship' means the following:
``(A) A commissioned United States Ship warship capable of
contributing to combat operations.
``(B) A United States Naval Ship that contributes directly
to Navy warfighting or support missions.
``(2) The term `expected service life' means the number of
years a naval vessel is expected to be in service.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 863 of such title is amended by
inserting after the item relating to section 8678 the
following new item:
``8678a. Limitation on decommissioning or inactivating a battle force
ship before the end of expected service life.''.
SEC. 136. ACQUISITION, MODERNIZATION, AND SUSTAINMENT PLAN
FOR CARRIER AIR WINGS.
(a) Plan Required.--Not later than February 1, 2022, the
Secretary of the Navy shall submit to the congressional
defense committees a 15-year acquisition, modernization, and
sustainment plan for the carrier air wings of the Navy.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) An assessment of how well the capabilities and
composition of the carrier air wings meet the requirements of
the National Defense Strategy and a plan to address known
shortfalls such as with respect to tanker capacity and strike
fighter range.
(2) An identification of the role of autonomous aircraft,
including the MQ-25 aircraft, and other potential future
capabilities and platforms in future carrier air wings.
(3) An assessment of whether nine carrier air wings is the
correct force structure, considering--
(A) whether the composition of aircraft and squadrons
within a carrier air wing as of the date on which the plan is
submitted is adequate; and
(B) whether ten carrier air wings, the minimum number to be
maintained under section 8062(e) of title 10, United States
Code, after the earlier of the two dates referred to in
subparagraphs (A) and (B) of paragraph (1) of such section,
is adequate.
(4) An identification of the appropriate modernization plan
to maximize operational use of platforms in existence as of
the date on which the report is submitted, particularly the
EA-18G aircraft and the E-2D aircraft, by leveraging
available technologies such as Next Generation Jammer.
SEC. 137. IMPROVING OVERSIGHT OF NAVY CONTRACTS FOR
SHIPBUILDING, CONVERSION, AND REPAIR.
(a) In General.--Chapter 805 title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 8039. Deputy Commander of the Naval Sea Systems
Command for the Supervision of Shipbuilding, Conversion,
and Repair
``(a) In General.--The Secretary of the Navy shall
establish and appoint an individual to the position of Deputy
Commander of the Naval Sea Systems Command for the
Supervision of Shipbuilding, Conversion, and Repair (in this
section referred to as the `Deputy Commander').
``(b) Qualifications.--The Deputy Commander shall be a flag
officer of the Navy or an employee of the Navy in a Senior
Executive Service position.
``(c) Reporting.--The Deputy Commander shall report
directly to the Commander of the Naval Sea Systems Command.
``(d) General Responsibilities.--The Deputy Commander
shall--
``(1) independently administer and manage the execution of
Department of Defense contracts awarded to commercial
entities for shipbuilding, conversion, and repair at the
facilities of such entities;
[[Page S8554]]
``(2) serve as the designated contract administration
office of the Department responsible for performing contract
administration services for the contracts described in
paragraph (1);
``(3) enforce contract requirements of the contracts
described in paragraph (1), ensuring contractors and the
Department satisfy contractual obligations;
``(4) work with contractors and Federal agencies to
facilitate greater quality and economy in the products and
services being procured; and
``(5) provide on-site quality assurance for contracts
described in paragraph (1), including inspections.
``(e) Non-CAS Functions.--The Deputy Commander shall manage
the complexities and unique demands of shipbuilding,
conversion, and repair by performing the following non-
contract administration services functions for Navy Program
Executives Offices, fleet commanders, and the Naval Sea
Systems Command headquarters:
``(1) Project oversight, including the following:
``(A) Coordinating responses to non-contractual emergent
problems.
``(B) Coordinating activities of precommissioning crews and
ship's force, and other Government activities.
``(C) Communicating with customers and higher authority
regarding matters that may affect project execution.
``(2) Technical authority, including the following:
``(A) Executing the technical authority responsibilities of
the Waterfront Chief Engineer.
``(B) Serving as the waterfront technical authority of the
Naval Sea Systems Command responsible for providing
Government direction and coordination in the resolution of
technical issues.
``(C) Contract planning and procurement, including
participation in acquisition planning and pre-award
activities, including assessment of contractor
qualifications.
``(f) Comprehensive Contract Management.--The Deputy
Commander shall maintain direct relationships with the
Director of the Defense Contract Management Agency and the
Director of the Defense Contract Audit Agency to facilitate
comprehensive contract management and oversight of
contractors awarded a contract described in subsection (d)(1)
and subcontractors.
``(g) Subcontractor Audits.--The Deputy Commander shall
request that the Director of the Defense Contract Audit
Agency perform periodic audits of subcontractors that perform
cost- or incentive-type subcontracts for which the Deputy
Commander serves as the designated contract administration
office of the Department and that are valued at $50,000,000
or more.
``(h) Annual Written Assessment.--(1) Not later than March
1 of each year, the Deputy Commander shall submit to the
congressional defense committees a written assessment of the
contracts for which the Deputy Commander serves as the
designated contract administration office of the Department.
``(2) Each written assessment required by paragraph (1)
shall include the following:
``(A) The cost, schedule, and performance of each contract
covered by the assessment.
``(B) A summary of any requests for corrective action or
other significant contract discrepancies documented by the
office of the Deputy Commander, the Defense Contract
Management Agency, or the Defense Contract Audit Agency for
such contracts, and any actions planned or taken in response.
``(C) A summary of any dedicated evaluation, such as a
review by a task force or working group, of the
organizational structure and resourcing plans and
requirements that support the supervision of shipbuilding,
conversion, and repair, that--
``(i) includes key findings, recommendations, and
implementation plans; and
``(ii) indicates any additional support needed from other
organizations of the Department, such as the Defense Contract
Audit Agency and the Defense Contract Management Agency, for
implementation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 805 of such title is amended by adding
at the end the following new item:
``8039. Deputy Commander of the Naval Sea Systems Command for the
Supervision of Shipbuilding, Conversion, and Repair.''.
(c) Deadline for Establishment and Appointment.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of the Navy shall establish and appoint an
individual to the position of Deputy Commander of the Naval
Sea Systems Command for the Supervision of Shipbuilding,
Conversion, and Repair under section 8039 of such title, as
added by subsection (a).
Subtitle D--Air Force Programs
SEC. 141. REQUIRED MINIMUM INVENTORY OF TACTICAL AIRLIFT
AIRCRAFT.
(a) In General.--The Secretary of the Air Force shall
maintain a total tactical airlift aircraft inventory of not
less than 292 aircraft.
(b) Exception.--The Secretary of the Air Force may reduce
the number of C-130 aircraft in the Air Force below the
minimum number specified in subsection (a) if the Secretary
of the Air Force determines, on a case-by-case basis, that an
aircraft is no longer mission capable because of a mishap or
other damage.
(c) Savings Clause.--
(1) In general.--During fiscal years 2021, 2022, and 2023,
the Secretary of the Air Force is prohibited from reducing
the total tactical airlift aircraft inventory from the
National Guard.
(2) Replacements.--The Secretary of the Air Force may
remove an aircraft from the total tactical airlift aircraft
inventory of the National Guard if the Secretary of the Air
Force replaces the aircraft with a similarly capable mobility
aircraft.
(d) Sunset.--This section shall not apply after October 1,
2023.
(e) Conforming Amendment.--Section 134(d) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) is amended by striking
``October 1, 2021'' and inserting ``the date of the enactment
of the National Defense Authorization Act for Fiscal Year
2022''.
SEC. 142. EXTENSION OF INVENTORY REQUIREMENT FOR AIR FORCE
FIGHTER AIRCRAFT.
(a) Extension of Inventory Requirement.--Section 9062(i)(1)
of title 10, United States Code, is amended by striking
``October 1, 2022'' and inserting ``October 1, 2026''.
(b) Extension of Limitation on Retirement of Air Force
Fighter Aircraft.--Section 131(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1314; 10 U.S.C. 9062 note) is amended--
(1) in paragraph (1), by striking ``October 1, 2022'' and
inserting ``October 1, 2026''; and
(2) in paragraph (2), by striking ``October 1, 2022'' and
inserting ``October 1, 2026''.
SEC. 143. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF A-10
AIRCRAFT.
(a) Prohibition.--Notwithstanding sections 134 and 135 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2037), and except as provided
in subsection (b), none of the funds authorized to be
appropriated by this Act for fiscal year 2022 for the Air
Force may be obligated to retire, prepare to retire, or place
in storage or on backup aircraft inventory status any A-10
aircraft.
(b) Exception.--
(1) In general.--The limitation under subsection (a) shall
not apply to an individual A-10 aircraft that the Secretary
of the Air Force determines, on a case-by-case basis, to be
no longer mission capable because of a Class A mishap.
(2) Certification required.--If the Secretary determines
under paragraph (1) that an aircraft is no longer mission
capable, the Secretary shall submit to the congressional
defense committees a certification that the status of such
aircraft is due to a Class A mishap and not due to lack of
maintenance or repairs or other reasons.
(3) Certification additional.--Any certification submitted
under paragraph (2) shall be in addition to the notification
and certification required by section 135(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2039).
(c) Implementation Report.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of the
Air Force shall submit to the congressional defense
committees a report setting forth the following:
(1) The plans of the Secretary to re-wing each of the
aircraft in the fleet of 281 A-10 aircraft that have not
received new wings as of the date of the enactment of this
Act, including--
(A) the funding needed to complete re-winging of the
aircraft in the fleet and the fiscal year in which such funds
will be requested; and
(B) the plan for executing the installations, including the
intended location, number of aircraft, and fiscal year in
which installations will be completed.
(2) The funding needed to maintain the aircraft in the
fleet of 281 A-10 aircraft at a rate of operational readiness
of not less than 80 percent mission capable and not less than
70 percent fully mission capable, including--
(A) the funding for unit, intermediate, and depot
maintenance and repair, spare parts, fuel and all other
flying hour costs;
(B) the actual funding being made available by the Air
Force to achieve and maintain such readiness levels; and
(C) any actions taken or contemplated to be taken to bridge
any shortfall.
(d) Report on Comparison Test and Evaluation That Examines
Capabilities of F-35A and A-10C Aircraft.--Section 134(e)(1)
of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 2038) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B)--
(A) by inserting ``the results and findings of'' before ``a
comparison''; and
(B) by striking the period at the end and inserting a
semicolon; and
(3) by adding after subparagraph (B) the following new
subparagraph:
``(C) details of the design and metrics of the comparison
test and evaluation described in subparagraph (B), including
each scenario examined in the test, number of sorties, time
on station, how the interaction with ground forces and Joint
Terminal Air Controllers was assessed or simulated, how
scenarios adequately represented real-world threats, ability
to strike representative targets, and combat dynamics in
which close air support, search and rescue, and forward air
controller airborne missions were conducted.''.
[[Page S8555]]
SEC. 144. REQUIREMENTS RELATING TO REPORTS ON FIGHTER
AIRCRAFT.
(a) Modification of Limitation on Retirement of A-10
Aircraft.--Section 134(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2037) is amended by striking ``report under
subsection (e)(2)'' and inserting ``part of the report under
subsection (e)(2) that is required under subparagraph (C) of
that subsection''.
(b) Fighter Aircraft Comparison Test Reports.--
(1) Report from director of operational test and
evaluation.--Not later than 60 days after the date of the
enactment of this Act, the Director of Operational Test and
Evaluation shall submit to the congressional defense
committees the part of the report required by 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
60 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 the part of the report
required by section 134(e)(2)(C) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2038).
SEC. 145. PROHIBITION ON ADDITIONAL F-35 AIRCRAFT FOR THE AIR
NATIONAL GUARD.
Beginning on the date of the enactment of this Act, the
Secretary of the Air Force may not equip any unit of the Air
National Guard of the United States with an F-35 aircraft
until the ratio of combat-coded F-35 aircraft of the Regular
Air Force to combat-coded F-35 aircraft of the Air National
Guard is greater than 4 to 1.
SEC. 146. PROHIBITION ON AVAILABILITY OF FUNDS FOR REDUCING
THE NUMBER OF KC-135 AIRCRAFT OF THE AIR
NATIONAL GUARD DESIGNATED AS PRIMARY MISSION
AIRCRAFT INVENTORY.
Section 135(d) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) by striking ``None'' and inserting the following:
``(1) Fiscal year 2021.--None''; and
(2) by adding at the end the following new paragraph:
``(2) Fiscal year 2022.--None of the funds authorized to be
appropriated by this Act for fiscal year 2022 for the Air
Force may be obligated to reduce the number of KC-135
aircraft of the Air National Guard designated as primary
mission aircraft inventory.''.
SEC. 147. AUTHORITY TO DIVEST 18 KC-135 AIRCRAFT.
Notwithstanding section 135 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), during the period beginning on the
date of the enactment of this Act and ending on October 1,
2022, the Secretary of the Air Force may divest 18 KC-135
aircraft.
SEC. 148. PROHIBITION ON USE OF FUNDS FOR A FOLLOW-ON TANKER
AIRCRAFT TO THE KC-46 AIRCRAFT.
None of the funds authorized to be appropriated by this Act
for fiscal year 2022 for the Air Force may be obligated for a
follow-on tanker aircraft to the KC-46 aircraft (commonly
referred to as a ``bridge tanker'') until the date on which
the Remote Vision System version 2.0 begins operational
testing.
SEC. 149. MAINTENANCE OF B-1 BOMBER AIRCRAFT SQUADRONS.
The Secretary of the Air Force shall fully maintain the
operational and maintenance squadrons of the B-1 bomber
aircraft in existence as of the date of the enactment of this
Act until at least September 30, 2030, unless such squadrons
are replaced by units of the B-21 bomber aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 161. PROHIBITION ON DUPLICATION OF EFFORTS TO PROVIDE
AIR- AND SPACE-BASED GROUND MOVING TARGET
INDICATOR CAPABILITY.
(a) Prohibition on Duplication of Efforts.--The Secretary
of Defense shall ensure that efforts to provide air- and
space-based ground moving target indicator capability are not
duplicated across the Department of Defense.
(b) Prohibition on Use of Funds.--The Secretary of Defense
may not obligate or expend any funds to provide the
capability described in subsection (a) until the Vice
Chairman of the Joint Chiefs of Staff, in consultation with
the Secretaries of the military departments and the heads of
such agencies as the Secretary of Defense considers
appropriate, submits to the congressional defense committees
the following:
(1) A list of all procurement and research and development
efforts relating to the capability described in subsection
(a) funded by the Department of Defense or any other agency
of the executive branch.
(2) A description of how the efforts described in paragraph
(1) will provide real-time information to warfighters through
the use of air battle managers and the joint all domain
command and control efforts of the Department.
SEC. 162. LIMITATION ON FUNDS FOR ARMED OVERWATCH AIRCRAFT.
None of the funds authorized to be appropriated by this Act
for Procurement, Defense-wide, for the procurement of armed
overwatch aircraft by the United States Special Operations
Command may be obligated or expended until 15 days after
submission to the congressional defense committees of the
acquisition roadmap required by section 165(a) of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283).
SEC. 163. TRANSITION OF F-35 PROGRAM SUSTAINMENT FROM JOINT
PROGRAM OFFICE TO AIR FORCE AND NAVY.
(a) Transition Plan.--Not later than February 1, 2022, the
Under Secretary of Defense for Acquisition and Sustainment,
in consultation with the Secretary of the Air Force and the
Secretary of the Navy, shall submit to the congressional
defense committees a report with a plan for transitioning
sustainment responsibilities for the F-35 program away from
the Joint Program Office. The plan shall include the full
transfer by October 1, 2027, of sustainment responsibilities
for the F-35A to the Air Force as executive agent and of
sustainment responsibilities for the F-35B and F-35C to the
Navy as executive agent.
(b) Transition Requirement.--Not later than October 1,
2027, the Secretary of Defense shall fully transition
sustainment responsibilities for the F-35 program from the
Joint Program Office to the Air Force and the Navy as
specified under subsection (a).
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. INCREASE IN ALLOWABLE RATE OF BASIC PAY FOR CERTAIN
EMPLOYEES OF DEFENSE ADVANCED RESEARCH PROJECTS
AGENCY.
Subparagraph (A) of section 1599h(b)(2) of title 10, United
States Code, is amended to read as follows:
``(A) in the case of employees appointed pursuant to
paragraph (1)(B)--
``(i) to any of 5 positions designated by the Director of
the Defense Advanced Research Projects Agency for purposes of
this clause, at rates not in excess of a rate equal to 150
percent of the maximum rate of basic pay authorized for
positions at Level I of the Executive Schedule under section
5312 of title 5; and
``(ii) to any other position designated by the Director for
purposes of this clause, at rates not in excess of the
maximum amount of total annual compensation payable at the
salary set in accordance with section 104 of title 3; and''.
SEC. 212. ADDITIONAL MISSION AREAS FOR MECHANISMS FOR
EXPEDITED ACCESS TO TECHNICAL TALENT AND
EXPERTISE AT ACADEMIC INSTITUTIONS BY
DEPARTMENT OF DEFENSE.
Section 217(e) of the National Defense Authorization Act
for Fiscal Year 2018 (10 U.S.C. 2358 note) is amended--
(1) by redesignating paragraph (30) as paragraph (33); and
(2) by inserting after paragraph (29) the following new
paragraphs (30), (31), and (32):
``(30) Research security and integrity.
``(31) Spectrum dominance.
``(32) Printed circuit boards.''.
SEC. 213. MODIFICATION OF OTHER TRANSACTION AUTHORITY FOR
RESEARCH PROJECTS.
Section 2371 of title 10, United States Code, is amended--
(1) in subsection (e)--
(A) by striking paragraph (2);
(B) in paragraph (1), in the matter before subparagraph
(A), by striking ``(1)''; and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(2) by amending subsection (h) to read as follows:
``(h) Guidance.--The Secretary of Defense shall issue
guidance to carry out this section.''.
SEC. 214. ARTIFICIAL INTELLIGENCE METRICS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) review the potential applications of artificial
intelligence and digital technology to Department of Defense
platforms, processes, and operations; and
(2) establish performance objectives and accompanying
metrics for the incorporation of artificial intelligence and
digital readiness into such platforms, processes, and
operations.
(b) Performance Objectives and Accompanying Metrics.--
(1) Skill gaps.--In carrying out subsection (a), the
Secretary shall require each secretary of a military
department and the head of each component of the Department
shall--
(A)(i) conduct a comprehensive review of skill gaps in the
fields of software development, software engineering,
knowledge management, data science, and artificial
intelligence;
(ii) assess the number and qualifications of civilian
personnel needed for both management and specialist tracks in
such fields;
(iii) assess the number of military personnel (officer and
enlisted) needed for both management and specialist tracks in
such fields; and
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(B) establish recruiting, training, and talent management
performance objectives and accompanying metrics for achieving
and maintaining staffing levels needed to fill identified
gaps and meet the needs of the Department for skilled
personnel.
(2) AI modernization activities.--In carrying out
subsection (a), the Secretary shall--
(A) assess investment by the Department in artificial
intelligence innovation, science and technology, and research
and development;
(B) assess investment by the Department in test and
evaluation of artificial intelligence capabilities; and
(C) establish performance objectives and accompanying
metrics for artificial intelligence modernization activities
of the Department.
(3) Exercises, wargames, and experimentation.--To assist
the Secretary in carrying out subsection (a), the Chairman of
the Joint Chiefs of Staff shall--
(A) assess the integration of artificial intelligence into
war-games, exercises, and experimentation; and
(B) develop performance objectives and accompanying metrics
for such integration.
(4) Logistics and sustainment.--In carrying out subsection
(a), the Secretary shall require the Under Secretary of
Defense for Acquisition and Sustainment--
(A) to assess the application of artificial intelligence in
logistics and sustainment systems; and
(B) to establish performance objectives and accompanying
metrics for integration of artificial intelligence in the
Department of Defense logistics and sustainment enterprise.
(5) Business ai applications.--In carrying out subsection
(a), the Secretary of Defense shall--
(A) assess the integration of artificial intelligence for
administrative functions that can be performed with robotic
process automation and artificial intelligence-enabled
analysis; and
(B) establish performance objectives and accompanying
metrics for the integration of artificial intelligence in
priority business process areas of the Department, including
the following:
(i) Human resources.
(ii) Budget and finance, including audit.
(iii) Retail.
(iv) Real estate.
(v) Health care.
(vi) Logistics.
(vii) Such other business processes as the Secretary
considers appropriate.
(c) Report to Congress.--Not later than 120 days after the
completion of the review required by subsection (a)(1), the
Secretary shall submit to the congressional defense
committees a report on--
(1) the findings of the Secretary with respect to the
review and any action taken or proposed to be taken by the
Secretary to address such findings; and
(2) the performance objectives and accompanying metrics
established under subsections (a)(2) and (b).
SEC. 215. MODIFICATION OF THE JOINT COMMON FOUNDATION
PROGRAM.
(a) Modification of Joint Common Foundation.--The Secretary
of Defense shall modify the Joint Common Foundation program
conducted by the Joint Artificial Intelligence Center to
ensure that Department of Defense components can more easily
contract with leading commercial artificial intelligence
companies to support the rapid and efficient development and
deployment of applications and capabilities.
(b) Qualifying Commercial Companies.--The Secretary shall
take such actions as may be necessary to increase the number
of commercial artificial intelligence companies eligible to
provide support to Department of Defense components,
including with respect to requirements for cybersecurity
protections and processes, to achieve automatic authority to
operate and provide continuous delivery, security clearances,
data portability, and interoperability.
(c) Use of FAR Part 12.--The Secretary shall ensure that,
to the maximum extent practicable, commercial artificial
intelligence companies are able to offer platforms, services,
applications, and tools to components through processes and
procedures under part 12 of the Federal Acquisition
Regulation.
(d) Objectives of the Joint Common Foundation Program.--The
objectives of the Joint Common Foundation shall include the
following:
(1) Relieving components of the need to design or develop
or independently contract for the computing and data hosting
platforms and associated services on and through which the
component would apply its domain expertise to develop
specific artificial intelligence applications.
(2) Providing expert guidance to components in selecting
commercial platforms, tools, and services to support the
development of component artificial intelligence
applications.
(3) Ensuring that leading commercial artificial
intelligence technologies and capabilities are easily and
rapidly accessible to components through streamlined
contracting processes.
(4) Assisting components in designing, developing,
accessing, or acquiring commercial or non-commercial
capabilities that may be needed to support the operational
use of artificial intelligence applications.
(5) Enabling companies to develop software for artificial
intelligence applications within secure software development
environments that are controlled, sponsored, required, or
specified by the Department of Defense, including PlatformOne
of the Department of the Air Force
(e) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on actions taken
to carry out this section.
SEC. 216. EXECUTIVE EDUCATION ON EMERGING TECHNOLOGIES FOR
SENIOR CIVILIAN AND MILITARY LEADERS.
(a) Establishment of Course.--Not later than two years
after the date of the enactment of this Act, the Secretary of
Defense shall establish executive education activities on
emerging technologies for appropriate general and flag
officers and senior executive-level civilian leaders that are
designed specifically to prepare new general and flag
officers and senior executive-level civilian leaders on
relevant technologies and how these technologies may be
applied to military and business activities in the Department
of Defense.
(b) Plan for Participation.--
(1) In general.--The Secretary of Defense shall develop a
plan for participation in executive education activities
established under subsection (a).
(2) Requirements.--As part of such plan, the Secretary
shall ensure that, not later than five years after the date
of the establishment of the activities under subsection (a),
all appropriate general flag officers and senior executive-
level civilian leaders are--
(A) required to complete the executive education activities
under such subsection; and
(B) certified as having successfully completed the
executive education activities.
(c) Report.--
(1) In general.--Not later than the date that is three
years after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the status of the
implementation of the activities required by subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) A description of the new general and flag officers and
senior executive-level civilian leaders for whom the
education activities have been designated.
(B) A recommendation with respect to continuing or
expanding the activities required under subsection (a).
SEC. 217. IMPROVEMENTS RELATING TO NATIONAL NETWORK FOR
MICROELECTRONICS RESEARCH AND DEVELOPMENT.
Section 9903(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in paragraph (1), in the matter before subparagraph
(A), by striking ``may'' and inserting ``shall''; and
(2) by adding at the end the following new paragraphs:
``(3) Structure.--(A) In carrying out paragraph (1), the
Secretary shall, through a competitive process, select two or
more entities to carry out the activities described in
paragraph (2) as part of the network established under
paragraph (1).
``(B) The Secretary shall, to the extent practicable,
ensure that the entities selected under subparagraph (A)
collectively represent the geographic diversity of the United
States.''.
SEC. 218. ACTIVITIES TO ACCELERATE DOMESTIC QUANTUM COMPUTING
CAPABILITIES.
(a) Activities Required.--The Secretary of Defense shall
establish a set of activities--
(1) to accelerate the development and deployment of a
useful, large scale, dual-use quantum computing capability;
(2) to ensure that the Department of Defense is fully aware
and has a technical understanding of the maturity and
operational utility of new and emerging quantum computing
technologies; and
(3) to ensure the Department of Defense consistently has
access to the most advanced quantum computing capabilities
available in the commercial sector to support research and
modernization activities.
(b) Assistance Program.--
(1) Program required.--In carrying out subsection (a) and
subject to the availability of appropriations for this
purpose, the Secretary shall, acting through the Director of
the Defense Advanced Research Projects Agency and in
consultation with such officials from government and private
sector organizations as the Secretary considers appropriate,
establish a program under which the Secretary may award
assistance to one or more organizations to accelerate the
development and deployment of a useful, dual-use quantum
computing capability.
(2) Form of assistance.--Assistance awarded under the
program required by paragraph (1) may consist of a grant, a
contract, a cooperative agreement, or such other form of
assistance as the Secretary considers appropriate.
(3) Authorities and acquisition approaches.--The Secretary
may use the following authorities and acquisition approaches
for the program required by paragraph (1):
(A) Section 2374a of title 10, United States Code, relating
to prizes for advanced technology achievements.
(B) Section 2373 of such title, relating to procurement for
experimental purposes.
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(C) Sections 2371 and 2371b of such title, relating to
transactions other than contracts and grants.
(D) Section 2358 of such title, relating to research and
development projects.
(E) Section 879 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2302
note), relating to defense pilot program for authority to
acquire innovative commercial items, technologies, and
services using general solicitation competitive procedures.
(F) Milestone payments based on technical achievements.
(G) Requirement for cost share from private sector
participants in the program.
(H) Commercial procurements under part 12 of the Federal
Acquisition Regulations.
(I) Such other authorities or approaches as the Secretary
considers appropriate.
(4) Policies and procedures.--The Secretary shall, in
consultation with such experts from government and industry
as the Secretary considers appropriate, establish policies
and procedures to carry out the program required by paragraph
(1).
(c) Briefing and Report.--
(1) Briefing.--Not later than March 1, 2022, the Secretary
shall provide to the congressional defense committees a
briefing on the plan to carry out the activities required by
subsection (a) and the program required by subsection (b).
(2) Report.--Not later than December 31, 2022, and not less
frequently than once each year thereafter until December 31,
2026, the Secretary shall submit to the congressional defense
committees a report on the activities carried out under
subsection (a) and the program carried out under subsection
(b).
SEC. 219. PILOT PROGRAMS FOR PASSIVE TELECOMMUNICATIONS
INFRASTRUCTURE TO FACILITATE INSTALLATION 5G
DEPLOYMENT.
(a) Plans.--
(1) In general.--Not later than 180 days after enactment of
this Act, each Secretary of a military department shall
submit to the congressional defense committees a plan for a
pilot program for the deployment of passive
telecommunications infrastructure to facilitate the
deployment of fifth-generation wireless telecommunications on
military installations of the respective military department.
(2) Plan elements.--Each plan submitted under paragraph (1)
by a Secretary of a military department shall include, with
respect to such military department, the following:
(A) A list of military installations at which the pilot
program will be carried out, including at least one military
installation of the department.
(B) A description of authorities that will be used to
execute the pilot program.
(C) A timeline for the implementation and duration of the
pilot program.
(D) The number of telecommunication carriers that intend to
use the passive telecommunications infrastructure to provide
services at each of the military installations listed under
subparagraph (A).
(E) An assessment of need for centralized processes and
points of contacts to facilitate passive telecommunications
infrastructure or similar telecommunications infrastructure.
(b) Pilot Programs Required.--Not later than one year after
the date of the enactment of this Act, each Secretary of a
military department shall establish a pilot program in
accordance with the plan submitted by the Secretary under
subsection (a)(1).
(c) Reports.--
(1) In general.--Not later than 180 days after the date on
which a Secretary of a military department commences a pilot
program under subsection (b) and not less frequently than
once every 180 days thereafter until the completion of the
pilot program, the Secretary of the military department shall
submit to the congressional defense committees a report on
the pilot program.
(2) Contents.--Each report submitted under paragraph (1)
for a pilot program shall include the following:
(A) A description of the status of the pilot program at
each location at which the pilot program is carried out.
(B) A description of the use of and services provided by
telecommunications carriers of the passive telecommunications
infrastructure at each military installation under the pilot
program.
(C) Such additional information as the Secretary of the
military department considers appropriate.
(d) Passive Telecommunications Infrastructure Defined.--In
this section, the term ``passive telecommunications
infrastructure'' means the passive components that enable
services of commercial telecommunication carriers and
Department of Defense private networks, including macro
tower, small cell poles, distributed antenna systems, dark
fiber, and assured power solutions.
SEC. 220. NATIONAL GUARD PARTICIPATION IN MICROREACTOR
TESTING AND EVALUATION.
The Secretary of Defense may, in coordination with the
Director of the Strategic Capabilities Office and the Chief
of the National Guard Bureau, assemble a collection of four
National Guard units to participate in the testing and
evaluation of a micro nuclear reactor program.
SEC. 221. LIMITATION ON TRANSFER OF CERTAIN OPERATIONAL
FLIGHT TEST EVENTS AND REDUCTION IN OPERATIONAL
FLIGHT TEST CAPACITY.
The Secretary of the Navy may not transfer any operational
flight test event to be completed by a nontest designated
unit and may not reduce any operational flight test capacity
until such time as the Director of Operational Test and
Evaluation has, in consultation with the Secretary of the
Navy, certified that the use of nontest designated units to
conduct flight tests will not have any appreciable effect on
program cost, program schedule, or the efficacy of test
completion.
SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR THE HIGH
ACCURACY DETECTION AND EXPLOITATION SYSTEM.
Of the funds authorized to be appropriated by this Act for
fiscal year 2022 for Research, Development, Test and
Evaluation, Army, for the High Accuracy Detection and
Exploitation System, not more than 50 percent may be
obligated until the Vice Chairman of the Joint Chiefs of
Staff certifies that--
(1) the High Accuracy Detection and Exploitation System is
a critical component of Project Convergence of the Army and
is consistent with the Joint All Domain Command and Control
strategy of the Department of Defense; and
(2) in a conflict, it will be able to operate at standoff
distances for survivability against enemy air defenses, while
providing signals intelligence, electronic intelligence,
communications intelligence, or synthetic aperture radar or
moving target indicator information to the ground component
commander, consistent with planned operational concepts.
Subtitle C--Codification and Technical Corrections
SEC. 231. CODIFICATION OF DIRECT HIRE AUTHORITY AT PERSONNEL
DEMONSTRATION LABORATORIES FOR ADVANCED DEGREE
HOLDERS.
(a) In General.--Section 2358a of title 10, United States
Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Direct Hire Authority at Personnel Demonstration
Laboratories for Advanced Degree Holders.--
``(1) Authority.--The Secretary of Defense may appoint
qualified candidates possessing an advanced degree to
positions described in paragraph (2) without regard to the
provisions of subchapter I of chapter 33 of title 5, other
than sections 3303 and 3328 of such title.
``(2) Applicability.--This subsection applies with respect
to candidates for scientific and engineering positions within
any laboratory designated by section 1105(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a Department
of Defense science and technology reinvention laboratory.
``(3) Limitation.--(A) Authority under this subsection may
not, in any calendar year and with respect to any laboratory,
be exercised with respect to a number of candidates greater
than the number equal to 5 percent of the total number of
scientific and engineering positions within such laboratory
that are filled as of the close of the fiscal year last
ending before the start of such calendar year.
``(B) For purposes of this paragraph, positions and
candidates shall be counted on a full-time equivalent
basis.''.
(b) Repeal.--Section 1108 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417) is hereby repealed.
(c) Conforming Amendments.--(1) Section 255(b)(5)(B) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 2223a note) is amended by
striking ``in section 2358a(f)(3) of'' and inserting ``in
section 2358a(g) of''.
(2) Section 223(d)(3)(C) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2358 note) is amended by striking ``in section
2358a(f) of'' and inserting ``in section 2358a(g) of''.
SEC. 232. CODIFICATION OF AUTHORITIES RELATING TO DEPARTMENT
OF DEFENSE SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES.
(a) In General.--Subchapter II of chapter 305 of title 10,
United States Code, as added by section 1843 of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), is amended by
inserting before section 4111 the following new section:
``Sec. 4110. Science and technology reinvention laboratories:
authority and designation
``(a) In General.--(1) The Secretary of Defense may carry
out personnel demonstration projects at Department of Defense
laboratories designated by the Secretary as Department of
Defense science and technology reinvention laboratories.
``(2)(A) Each personnel demonstration project carried out
under the authority of paragraph (1) shall be generally
similar in nature to the China Lake demonstration project.
``(B) For purposes of subparagraph (A), the China Lake
demonstration project is the demonstration project that is
authorized by section 6 of the Civil Service Miscellaneous
Amendments Act of 1983 (Public Law 98-224) to be continued at
the Naval Weapons Center, China Lake, California, and at the
Naval Ocean Systems Center, San Diego, California.
``(3) If the Secretary carries out a demonstration project
at a laboratory pursuant to paragraph (1), section 4703 of
title 5 shall
[[Page S8558]]
apply to the demonstration project, except that--
``(A) subsection (d) of such section 4703 shall not apply
to the demonstration project;
``(B) the authority of the Secretary to carry out the
demonstration project is that which is provided in paragraph
(1) rather than the authority which is provided in such
section 4703; and
``(C) the Secretary shall exercise the authorities granted
to the Office of Personnel Management under such section 4703
through the Under Secretary of Defense for Research and
Engineering (who shall place an emphasis in the exercise of
such authorities on enhancing efficient operations of the
laboratory and who may, in exercising such authorities,
request administrative support from science and technology
reinvention laboratories to review, research, and adjudicate
personnel demonstration project proposals).
``(4) The employees of a laboratory covered by a personnel
demonstration project carried out under this section shall be
exempt from, and may not be counted for the purposes of, any
constraint or limitation in a statute or regulation in terms
of supervisory ratios or maximum number of employees in any
specific category or categories of employment that may
otherwise be applicable to the employees. The employees shall
be managed by the director of the laboratory subject to the
supervision of the Under Secretary of Defense for Research
and Engineering.
``(5) The limitations in section 5373 of title 5 do not
apply to the authority of the Secretary under this subsection
to prescribe salary schedules and other related benefits.
``(b) Designation of Laboratories.--Each of the following
is hereby designated as a Department of Defense science and
technology reinvention laboratory as described in subsection
(a):
``(1) The Air Force Research Laboratory.
``(2) The Joint Warfare Analysis Center.
``(3) The Army Research Institute for the Behavioral and
Social Sciences.
``(4) The Combat Capabilities Development Command Armaments
Center.
``(5) The Combat Capabilities Development Command Army
Research Laboratory.
``(6) The Combat Capabilities Development Command Aviation
and Missile Center.
``(7) The Combat Capabilities Development Command Chemical
Biological Center.
``(8) The Combat Capabilities Development Command Command,
Control, Communications, Computers, Cyber, Intelligence,
Surveillance, and Reconnaissance Center.
``(9) The Combat Capabilities Development Command Ground
Vehicle Systems Center.
``(10) The Combat Capabilities Development Command Soldier
Center.
``(11) The Engineer Research and Development Center.
``(12) The Medical Research and Development Command.
``(13) The Technical Center, US Army Space and Missile
Defense Command.
``(14) The Naval Air Systems Command Warfare Centers.
``(15) The Naval Facilities Engineering Command Engineering
and Expeditionary Warfare Center.
``(16) The Naval Information Warfare Centers, Atlantic and
Pacific.
``(17) The Naval Medical Research Center.
``(18) The Naval Research Laboratory.
``(19) The Naval Sea Systems Command Warfare Centers.
``(20) The Office of Naval Research.
``(c) Conversion Procedures.--The Secretary of Defense
shall implement procedures to convert the civilian personnel
of each Department of Defense science and technology
reinvention laboratory, as so designated by subsection (b),
to the personnel system under an appropriate demonstration
project (as referred to in subsection (a)). Any conversion
under this subsection--
``(1) shall not adversely affect any employee with respect
to pay or any other term or condition of employment;
``(2) shall be consistent with section 4703(f) of title 5;
``(3) shall be completed within 18 months after
designation; and
``(4) shall not apply to prevailing rate employees (as
defined by section 5342(a)(2) of title 5) or senior
executives (as defined by section 3132(a)(3) of such title).
``(d) Limitation.--The science and technology reinvention
laboratories, as so designated by subsection (a), may not
implement any personnel system, other than a personnel system
under an appropriate demonstration project (as referred to
subsection (a)), without prior congressional
authorization.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 305 of such title, as added by section
1843 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is amended by inserting before the item relating to section
4111 the following new item:
``4110. Science and technology reinvention laboratories: authority and
designation.''.
(c) Conforming Repeals.--(1) Section 1105 of the National
Defense Authorization Act For Fiscal Year 2010 (Public Law
111-84; 10 U.S.C. 2358 note) is hereby repealed.
(2) Section 342(b) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2358
note) is hereby repealed.
(d) Conforming Amendments.--(1) Section 1601(f) of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 10 U.S.C. 2358 note) is amended by
striking ``section 342 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2721)'' and inserting ``section 4110(a) of title 10, United
States Code''.
(2) Section 1107 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2358
note) is amended--
(A) by amending subsection (a) to read as follows:
``(e) Requirement.--The Secretary of Defense shall take all
necessary actions to fully implement and use the authorities
provided to the Secretary under subsection (a) of section
4110 of title 10, United States Code, to carry out personnel
management demonstration projects at Department of Defense
laboratories designated by subsection (b) of such section as
Department of Defense science and technology reinvention
laboratories.'';
(B) in subsection (c), by striking ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2486)'' and inserting
``designated by section 4110(b) of title 10, United States
Code''; and
(C) in subsection (e)(3), by striking ``section 342(b) of
the National Defense Authorization Act for Fiscal Year 1995
(as cited in subsection (a))'' and inserting ``section
4110(a) of title 10, United States Code''.
(3) Section 1109(c) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2358
note) is amended by striking ``specified in section 1105(a)
of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358
note)'' and inserting ``designated under section 4110(b) of
title 10, United States Code''.
(4) Section 2803(a)(1) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2358 note) is amended by striking ``(as designated by
section 1105(a) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)''
and inserting ``(as designated under section 4110(b) of title
10, United States Code)''.
(5) Section 1108(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
10 U.S.C. 1580 note prec.) is amended by striking ``section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358
note)'' and inserting ``section 4110(b) of title 10, United
States Code''.
(6) Section 211(g) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358
note) is amended by striking ``under section 1105 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 2358 note), as amended'' and
inserting ``under section 4110(b) of title 10, United States
Code''.
(7) Section 233(a)(2)(A) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 2358 note) is amended by striking ``as specified in
section 1105(a) of the National Defense Authorization Act for
Fiscal Year 2010 (10 U.S.C. 2358 note)'' and inserting ``as
designated under section 4110(b) of title 10, United States
Code''.
(8) Section 223(d)(3)(B) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2358 note) is amended by striking ``under section 1105
of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' and inserting
``under section 4110(b) of title 10, United States Code''.
(9) Section 252(e)(1) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358
note) is amended by striking ``under section 1105 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 2358 note)'' and inserting
``under section 4110(b) of title 10, United States Code''.
(10) Section 255(b)(5)(A) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 223a note) is amended by striking ``(as designated
under section 1105 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358
note))'' and inserting ``(as designated under section 4110(b)
of title 10, United States Code)''.
(11) Section 249 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended--
(A) in subsection (e)(1)--
(i) in subparagraph (A), by striking ``under section 2358a
of title 10, United States Code'' and inserting ``under
section 4110(b) of title 10, United States Code'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as subparagraph
(B); and
(B) in subsection (g)(1)(B) by striking ``under section
1105 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' and
inserting ``under section 4111 of title 10, United States
Code''.
(12) Section 2368(h)(3) of title 10, United States Code, as
redesignated by section 1844(b)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is amended by striking
``designated under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2358 note)'' and inserting ``designated under section
4110(b) of this title''.
(13) Section 4111 of title 10, United States Code, as
redesignated by section 1843(b)(2) of the William M. (Mac)
Thornberry National
[[Page S8559]]
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), is amended--
(A) in subsection (b), by striking ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' both
places it appears and inserting ``designated by section
4110(b) of this title''; and
(B) in subsection (d)(2), by striking ``pursuant to section
342(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 10 U.S.C. 2358 note)'' both
places it appears and inserting ``pursuant to section 4110(a)
of this title''.
(14) Section 4112(f) of title 10, United States Code, as
redesignated by section 1843(b)(2) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), as amended by subsection (e)(1) of
this section, is amended by striking ``by section 1105(a) of
the National Defense Authorization Act for Fiscal Year 2010
(10 U.S.C. 2358 note)'' and inserting ``by section 4110(b) of
this title''.
(e) Technical Corrections.--(1) Section 1843(b)(2) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is amended--
(A) by inserting ``, 2358c,'' after ``Sections 2358a''; and
(B) by striking ``and 4112'' and inserting ``, 4112, and
4113'', respectively.
(2) The table of sections at the beginning of chapter 305
of title 10, United States Code, as added by section 1843(a)
of such Act, is amended by striking the item relating to
section 4112 and inserting the following new items:
``4112. Enhanced pay authority for certain research and technology
positions in science and technology reinvention
laboratories.
``4113. Research and development laboratories: contracts for services
of university students.''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect immediately after title XVIII of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) and the amendments made by such
title take effect pursuant to section 1801(d)(1) of such Act.
(2) Effective date of certain technical correction.--
Subsection (e)(1) shall take effect on the date of the
enactment of this Act.
SEC. 233. CODIFICATION OF REQUIREMENT FOR DEFENSE ESTABLISHED
PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
(a) In General.--Chapter 301 of title 10, United States
Code, as added by section 1841 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is amended by inserting after
section 4009 the following new section:
``Sec. 4011. Defense Established Program to Stimulate
Competitive Research
``(a) Program Required.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, shall carry out a Defense Established Program to
Stimulate Competitive Research (DEPSCoR) as part of the
university research programs of the Department of Defense.
``(b) Program Objectives.--The objectives of the program
are as follows:
``(1) To increase the number of university researchers in
eligible States capable of performing science and engineering
research responsive to the needs of the Department of
Defense.
``(2) To enhance the capabilities of institutions of higher
education in eligible States to develop, plan, and execute
science and engineering research that is relevant to the
mission of the Department of Defense and competitive under
the peer-review systems used for awarding Federal research
assistance.
``(3) To increase the probability of long-term growth in
the competitively awarded financial assistance that
institutions of higher education in eligible States receive
from the Federal Government for science and engineering
research.
``(c) Program Activities.--In order to achieve the program
objectives, the following activities are authorized under the
program:
``(1) Competitive award of grants for research and
instrumentation to support such research.
``(2) Competitive award of financial assistance for
graduate students.
``(3) To provide assistance to science and engineering
researchers at institutions of higher education in eligible
States through collaboration between Department of Defense
laboratories and such researchers.
``(4) Any other activities that are determined necessary to
further the achievement of the objectives of the program.
``(d) Eligible States.--(1) The Under Secretary of Defense
for Research and Engineering shall designate which States are
eligible States for the purposes of this section.
``(2) The Under Secretary shall designate a State as an
eligible State if, as determined by the Under Secretary--
``(A) the average annual amount of all Department of
Defense obligations for science and engineering research and
development that were in effect with institutions of higher
education in the State for the three fiscal years preceding
the fiscal year for which the designation is effective or for
the last three fiscal years for which statistics are
available is less than the amount determined by multiplying
60 percent times the amount equal to 1/50 of the total
average annual amount of all Department of Defense
obligations for science and engineering research and
development that were in effect with institutions of higher
education in the United States for such three preceding or
last fiscal years, as the case may be; and
``(B) the State has demonstrated a commitment to developing
research bases in the State and to improving science and
engineering research and education programs in areas relevant
to the mission of the Department of Defense at institutions
of higher education in the State.
``(3) The Under Secretary shall not remove a designation of
a State under paragraph (2) because the State exceeds the
funding levels specified under subparagraph (A) of such
paragraph unless the State has exceeded such funding levels
for at least two consecutive years.
``(e) Coordination With Similar Federal Programs.--(1) The
Secretary may consult with the Director of the National
Science Foundation and the Director of the Office of Science
and Technology Policy in the planning, development, and
execution of the program and may coordinate the program with
the Established Program to Stimulate Competitive Research
conducted by the National Science Foundation and with similar
programs sponsored by other departments and agencies of the
Federal Government.
``(2) All solicitations under the Defense Established
Program to Stimulate Competitive Research may be made to, and
all awards may be made through, the State committees
established for purposes of the Established Program to
Stimulate Competitive Research conducted by the National
Science Foundation.
``(3) A State committee referred to in paragraph (2) shall
ensure that activities carried out in the State of that
committee under the Defense Established Program to Stimulate
Competitive Research are relevant to the mission of the
Department of Defense and coordinated with the activities
carried out in the State under other similar initiatives of
the Federal Government to stimulate competitive research.
``(f) State Defined.--In this section, the term `State'
means a State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Virgin Islands,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 301 of such title, as added by section
1841 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is amended by inserting after the item relating to section
4009 the following new item:
``4011. Defense Established Program to Stimulate Competitive
Research.''.
(c) Conforming Repeals.--(1) Section 307 of title I of the
1997 Emergency Supplemental Appropriations Act for Recovery
from Natural Disasters, and for Overseas Peacekeeping
Efforts, Including Those in Bosnia (Public Law 105-18; 10
U.S.C. 2358 note)
(2) Section 257 of title II of division A of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 10 U.S.C. 2358 note)
(d) Effective Date.--This section and the amendments made
by this section shall take effect immediately after title
XVIII of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
and the amendments made by such title take effect pursuant to
section 1801(d)(1) of such Act.
SEC. 234. TECHNICAL CORRECTION TO PILOT PROGRAM FOR
ENHANCEMENT OF RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION CENTERS OF DEPARTMENT OF DEFENSE.
Section 233(c)(2)(B) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358
note) is amended by striking ``Chief Management Officer'' and
inserting ``Deputy Secretary of Defense or a designee of the
Deputy Secretary''.
Subtitle D--Plans, Reports, and Other Matters
SEC. 241. STUDY ON EFFICIENT USE OF DEPARTMENT OF DEFENSE
TEST AND EVALUATION ORGANIZATIONS, FACILITIES,
AND LABORATORIES.
(a) Study Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
direct the Defense Science Board to carry out a study on the
resources and capabilities of the Department of Defense test
and evaluation (T&E) organizations, facilities, and
laboratories.
(2) Participation.--Participants in the study shall include
the following:
(A) Such members of the Board as the Chairman of the Board
considers appropriate for the study.
(B) Such additional temporary members or contracted support
as the Secretary--
(i) selects from those recommended by the Chairman for
purposes of the study; and
(ii) considers to have significant technical, policy, or
military expertise relevant to defense test and evaluation
missions.
(3) Elements.--The study conducted pursuant to paragraph
(1) shall include the following:
(A) Assessment of the effectiveness of current
developmental testing (DT), operational
[[Page S8560]]
testing (OT), and integrated testing (IT) within the
Department of Defense in meeting statutory objectives and the
test and evaluation requirements of the Adaptive Acquisition
Framework.
(B) Identification of industry and government best
practices for conducting developmental testing, operational
testing, and integrated testing.
(C) Potential applicability of industry and government best
practices for conducting developmental testing, operational
testing, and integrated testing within the Department to
improve test and evaluation outcomes.
(D) Identification of duplication of efforts and other non-
or low-value added activities that reduce speed and
effectiveness of test and evaluation activities.
(E) Assessment of test and evaluation oversight
organizations within the Office of the Secretary of Defense,
including their authorities, responsibilities, activities,
resources, and effectiveness, including with respect to
acquisition programs of the military services and Defense
Agencies.
(F) Development and assessment of potential courses of
action to improve the effectiveness of oversight of
developmental testing, operational testing, and integrated
testing activities, and test and evaluation resources within
the Office of the Secretary of Defense, including as one such
course of action establishing a single integrated office with
such responsibilities.
(G) Development of such recommendations as the Board may
have for legislative changes, authorities, organizational
realignments, and administrative actions to improve test and
evaluation oversight and capabilities, and facilitate better
test and evaluation outcomes.
(H) Such other matters as the Secretary considers
appropriate.
(4) Access to information.--The Secretary shall provide the
Board with timely access to appropriate information, data,
resources, and analysis so that the Board may conduct a
thorough and independent analysis as required under this
subsection.
(5) Report.--(A) Not later than one year after the date on
which the Secretary directs the Board to conduct the study
pursuant to paragraph (1), or December 1, 2022, whichever
occurs earlier, the Board shall transmit to the Secretary a
final report on the study.
(B) Not later than 30 days after the date on which the
Secretary receives the final report under subparagraph (A),
or December 31, 2022, whichever occurs earlier, the Secretary
shall submit to the congressional defense committees such
report and such comments as the Secretary considers
appropriate.
(b) Briefing Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide the congressional defense committees a briefing
on the schedule and plan to execute activities under this
section.
SEC. 242. ANALYSIS OF POTENTIAL MODIFICATIONS TO DEPARTMENT
OF DEFENSE UNMANNED AERIAL SYSTEMS
CATEGORIZATION.
(a) Analysis Required.--The Under Secretary of Defense for
Acquisition and Sustainment shall conduct an analysis to
determine whether modifications should be made in the
Department of Defense grouping of unmanned aerial systems
(UAS) into five broad categories.
(b) Considerations.--In assessing under subsection (a)
whether to make modifications to any of the five existing
unmanned aerial systems groups, or expand the number of
groups, the Under Secretary shall consider--
(1) constraints the current categorization places on the
ability to achieve future capability to support current and
emerging warfighting concepts;
(2) barriers arising from differences between the current
categorization and the systems and technologies available in
the commercial marketplace; and
(3) effects of different category definitions on schedules
for fielding of new unmanned aerial systems technologies.
(c) Consultation.--In carrying out subsection (a), the
Under Secretary shall consult with--
(1) the Secretaries of the military departments;
(2) the Chairman of the Joint Chiefs of Staff; and
(3) the Secretary of State.
(d) Report.--Not later than March 1, 2022, the Under
Secretary shall submit to the congressional defense
committees a report detailing the costs and benefits of
potential modifications to the existing unmanned aerial
systems categorization analyzed pursuant to subsection (a),
and a notional schedule for implementation modifications the
Under Secretary would recommend based on the findings of the
Under Secretary with respect to such analysis.
SEC. 243. DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN AND WORKING
GROUP.
(a) Plan Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall,
acting through the working group established under subsection
(c)(1), develop a plan for the creation of a modern digital
development infrastructure that supports state of the art
tools and modern processes to enable development, testing,
fielding, and continuous update of artificial intelligence-
powered applications at speed and scale from headquarters to
the tactical edge.
(b) Contents of Plan.--At a minimum, the plan required by
subsection (a) shall include the following:
(1) An open architecture, an evolving reference design, and
guidance for necessary technical investments in the digital
development infrastructure described in subsection (a) that
address issues, including issues relating to common
interfaces, authentication, applications, platforms,
software, hardware, and data infrastructure.
(2) A governance structure, together with associated
policies and guidance, to drive the implementation of the
reference design required by paragraph (1) throughout the
Department on a federated basis.
(3) Identification and minimum viable instantiations of
prototypical development and platform environments with the
digital development infrastructure, including enterprise data
sets assembled under subsection (d).
(c) Working Group.--
(1) Establishment.--Not later than 60 days after the date
of the enactment of this Act, the Secretary shall establish a
working group on digital development infrastructure
implementation to accelerate efforts aligned with the plan
required by subsection (a).
(2) Membership.--The working group established under
paragraph (1) shall be composed of individuals selected by
the Secretary to represent each of the following:
(A) The Office of Chief Data Officer (CDO).
(B) The Component Offices of Chief Information Officer and
Chief Digital Officer.
(C) The Joint Artificial Intelligence Center (JAIC).
(D) The Office of the Under Secretary of Defense for
Research & Engineering (OUSD (R&E)).
(E) The Office of the Under Secretary of Defense for
Acquisition & Sustainment (OUSD (A&S)).
(F) The Office of the Under Secretary of Defense for
Intelligence & Security (OUSD (I&S)).
(G) Service Acquisition Executives.
(H) The Office of the Director of Operational Test and
Evaluation (DOT&E).
(I) The office of the Director of the Defense Advanced
Research Projects Agency (DARPA).
(J) Digital development infrastructure programs, including
the appropriate activities of the military services and
defense agencies.
(K) Such other officials of the Department of Defense as
the Chief Information Officer of the Department of Defense
determines appropriate.
(3) Chairperson.--The chairperson of the working group
established under paragraph (1) shall be the Chief
Information Officer of the Department, or such other official
as the Secretary of Defense considers appropriate.
(4) Consultation.--The working group shall consult with
such experts outside of the Department as the working group
considers necessary.
(5) Responsibilities.--The working group established under
paragraph (1) shall be develop the plan required by
subsection (a).
(d) Strategic Data Node.--
(1) In general.--In addition to other duties pursuant to
his or her role in the working group outlined in paragraph
(c), the Secretary of Defense shall assemble enterprise data
sets in the following areas:
(A) Human resources.
(B) Budget and finance.
(C) Acquisition.
(D) Logistics.
(E) Real estate.
(F) Health care.
(G) Such other areas as the Secretary considers
appropriate.
(2) Requirement.--The Secretary shall assemble the
enterprise data sets required by paragraph (1) as a linked,
cloud-based data repository adherent to data service
interfaces defined in the open architecture required under
subsection (b)(1).
(3) Support.--In carrying out this subsection, the
Secretary shall support the use of artificial intelligence-
enabled applications for social science analysis, business
analytics, and senior leader decision support.
(e) Report.--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 on--
(1) the status of the plan required by subsection (a); and
(2) the progress in carrying out subsection (d).
(f) Definitions.--In this section:
(1) The term ``digital development infrastructure'' means a
federated, enterprise technology infrastructure that enables
the following:
(A) Access to commercial cloud technologies and services
for scalable computing.
(B) Sharing of data, software, and capabilities through
well-documented and hardened application programming
interfaces with proper access controls.
(C) Giving all Department of Defense developers,
scientists, and other appropriate personnel access and
resources they need to drive new digital capabilities.
(2) The term ``digital development infrastructure
programs'' means the collection of managed services for
platforms, cloud infrastructure, and software development
that have developed across the Department.
SEC. 244. OPTIONALLY MANNED FIGHTING VEHICLE REQUIREMENTS
ANALYSIS.
(a) Report Required.--
(1) In general.--The Secretary of the Army shall submit to
the congressional defense committees a report of analysis
supporting the determination of requirements or
characteristics for the Optionally Manned Fighting Vehicle
(OMFV) refined through the concept designs and detailed
designs phases of the acquisition strategy.
[[Page S8561]]
(2) Elements required.--The report required by paragraph
(1) shall include the following:
(A) A detailed description of the Optionally Manned
Fighting Vehicle requirements or characteristics to be
utilized for the physical prototyping phase of the program.
(B) A description of the analysis conducted to finalize the
requirements or characteristics to be utilized for physical
prototyping of the Optionally Manned Fighting Vehicle.
(C) A description of Optionally Manned Fighting Vehicle-
equipped organizational designs analyzed through the concept
design or detailed design phases.
(D) A detailed description of the analysis conducted,
trade-offs considered, and conclusions drawn with respect to
the organizational design, survivability, mobility, payload,
and combat effectiveness in execution of the critical
operational tasks required of fighting-vehicle-equipped
infantry within an armor brigade combat teams.
(E) A comparison of the combat effectiveness and
survivability of Optionally Manned Fighting Vehicle-equipped
and Bradley Fighting Vehicle-equipped formations.
(b) Briefing Required.--The Secretary of the Army shall
provide a briefing to the congressional defense committees on
the elements of the report required under subsection (a) 30
days prior to its submission to the congressional defense
committees.
(c) Limitation.--The Secretary of the Army shall not enter
into contract for the development of physical prototypes of
the Optionally Manned Fighting Vehicle or otherwise named
next-generation infantry fighting vehicle until 30 days after
the Secretary submits to the congressional defense committees
the report required under subsection (a).
SEC. 245. MAKING PERMANENT REQUIREMENT FOR ANNUAL REPORT BY
DIRECTOR OF OPERATIONAL TEST AND EVALUATION.
Section 139(h)(2) of title 10, United States Code, is
amended by striking ``, through January 31, 2026''.
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. EXPANSION OF PURPOSES OF SENTINEL LANDSCAPES
PARTNERSHIP PROGRAM TO INCLUDE RESILIENCE.
(a) In General.--Section 317 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2684a note) is amended--
(1) in subsection (a), in the first sentence, by inserting
``and restore'' after ``to preserve'';
(2) in subsection (c)--
(A) by striking ``The Secretaries'' and inserting the
following:
``(1) In general.--The Secretaries'';
(B) in paragraph (1), as designated by subparagraph (A)--
(i) by inserting ``resilience,'' after ``benefit of
conservation,''; and
(ii) by inserting ``, resilience,'' after ``land
management''; and
(C) by adding at the end the following new paragraph:
``(2) Inclusion of information in report.--The Secretary of
Defense shall include information concerning the activities
undertaken pursuant to the Sentinel Landscapes Partnership in
the annual report to Congress submitted under section
2684a(g) of title 10, United States Code.'';
(3) in subsection (d), in the second sentence, by inserting
``by an eligible landowner or agricultural producer'' after
``Participation'';
(4) by redesignating subsection (e) as subsection (f);
(5) by inserting after subsection (d) the following new
subsection (e):
``(e) Participation by Other Agencies.--Other Federal
agencies with programs addressing conservation or resilience
may, and are encouraged to--
``(1) participate in the activities of the Sentinel
Landscape Partnership; and
``(2) become full partners in the Sentinel Landscape
Partnership.''; and
(6) in subsection (f), as redesignated by paragraph (4), by
adding at the end the following new paragraph:
``(4) Resilience.--The term `resilience' means the
capability to avoid, prepare for, minimize the effect of,
adapt to, and recover from extreme weather events, flooding,
wildfire, or other anticipated or unanticipated changes in
environmental conditions.''.
(b) Conservation and Cultural Activities.--Section 2694 of
title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or involves a
sentinel landscape'' before the semicolon; and
(ii) in subparagraph (B), by inserting ``or that would
contribute to maintaining or improving military installation
resilience'' before the semicolon; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``or nature-based
climate resilience plans'' before the semicolon; and
(ii) in subparagraph (F)--
(I) in clause (i)--
(aa) by striking ``single ecosystem that encompasses'' and
inserting ``single ecosystem--
``(I) that encompasses'';
(bb) by redesignating clause (ii) as subclause (II) and
moving such subclause, as so redesignated, two ems to the
right; and
(cc) in subclause (II), as redesignated by item (bb), by
striking the period at the end and inserting ``; or''; and
(II) by adding at the end the following new clause (ii):
``(ii) for one or more ecosystems within a sentinel
landscape.''; and
(2) by adding at the end the following new subsection:
``(e) Sentinel Landscape Defined.--In this section, the
term `sentinel landscape' has the meaning given that term in
section 317(e) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2684a
note).''.
SEC. 312. MAINTENANCE OF CURRENT ANALYTICAL TOOLS IN
EVALUATING ENERGY RESILIENCE MEASURES.
(a) In General.--Section 2911 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(i) Assessment of Life-cycle Costs and Performance of
Potential Energy Resilience Projects.--(1) Subject to the
availability of appropriations, the Secretary of Defense
shall develop and institute a process to ensure that the
Department of Defense, when evaluating energy resilience
measures, uses analytical tools that are accurate and
effective in projecting the costs and performance of such
measures.
``(2) Analytical tools used under paragraph (1) shall be--
``(A) designed to--
``(i) provide an accurate projection of the costs and
performance of the energy resilience measure being analyzed;
``(ii) be used without specialized training; and
``(iii) produce resulting data that is understandable and
usable by the typical source selection official;
``(B) consistent with standards and analytical tools
commonly applied by the Department of Energy and by
commercial industry;
``(C) adaptable to accommodate a rapidly changing
technological environment;
``(D) peer reviewed for quality and precision and measured
against the highest level of development for such tools; and
``(E) periodically reviewed and updated, but not less
frequently than once every three years.''.
(b) Reporting Requirement.--If amounts are appropriated to
carry out the requirements under subsection (i) of section
2911 of title 10, United States Code, as added by subsection
(a), not later than September 30, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
execution by the Secretary of such requirements.
SEC. 313. MILITARY AVIATION AND INSTALLATION ASSURANCE
CLEARINGHOUSE MATTERS.
(a) Strategy to Test and Integrate Wind Turbine
Interference Mitigation Strategies.--The Secretary of Defense
and the Secretary of the Air Force, in coordination with the
Commander of United States Northern Command and the Commander
of North American Aerospace Defense Command, shall develop a
strategy to test and integrate wind turbine interference
mitigation technologies into radars and the air surveillance
command and control architecture of the Department of
Defense.
(b) Modification of Clearinghouse Requirements.--Section
183a(c) of title 10, United States Code, is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) A notice of presumed risk issued under subparagraph
(A) is a preliminary assessment only and does not represent a
formal objection pursuant to subsection (e). Discussions of
possible mitigation actions under such subparagraph could
favorably resolve any concerns identified in the notice of
presumed risk.''; and
(2) by adding at the end the following new paragraph:
``(8) If, in reviewing an application for an energy project
pursuant to paragraph (1), the Clearinghouse finds no
obstruction, interference, or adverse impact under section
44718(b)(1) of title 49, the Clearinghouse shall communicate
to the Secretary of Transportation in writing, not later than
five business days after making such finding, the following:
`No Part 77 concerns, national security review ongoing.'.''.
SEC. 314. EXEMPTION FROM PROHIBITION ON USE OF OPEN-AIR BURN
PITS IN CONTINGENCY OPERATIONS OUTSIDE THE
UNITED STATES.
Section 317(a) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2701 note)
is amended by adding at the end the following new paragraph:
``(3) Exemption.--
``(A) In general.--The Secretary of Defense may exempt a
location from the prohibition under paragraph (1) if the
Secretary determines it is in the paramount interest of the
United States to do so.
``(B) Nondelegation.--The Secretary may not delegate the
authority under subparagraph (A).''.
[[Page S8562]]
SEC. 315. DEMONSTRATION PROGRAM ON DOMESTIC PRODUCTION OF
RARE EARTH ELEMENTS FROM COAL BYPRODUCTS.
(a) Demonstration Program Required.--Not later than 120
days after the date of the enactment of this Act, the
Secretary of Defense shall commence carrying out a
demonstration program on recovering rare earth elements and
critical minerals from acid mine drainage and other coal
byproducts.
(b) Partnership.--The Secretary shall carry out the
demonstration program required by subsection (b) by entering
into a partnership with one or more institutions of higher
education that can demonstrate techniques for recovering rare
earth elements and critical minerals from acid mine drainage
and other coal byproducts, as the Secretary considers
applicable.
(c) Elements.--The demonstration program required by
subsection (a) shall address the following:
(1) The efficacy of separating rare earth elements and
critical minerals from acid mine drainage.
(2) The feasibility of bringing this technology to
commercialized scale.
(3) Domestic locations that are appropriate for the
deployment of this technology.
(4) The ability of this technology to meet the requirements
of the defense industrial base to supplement the rare earth
element and critical mineral needs of the Department of
Defense.
(d) Duration.--The demonstration program established under
subsection (a) shall be carried out during the one-year
period beginning on the date of the commencement of the
demonstration program.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the demonstration program
required by subsection (a) $3,000,000.
(f) Briefing.--Not later than 120 days after the completion
of the demonstration program required by subsection (a), the
Secretary and the program manager of the institute of higher
education with whom the Secretary partners under subsection
(b) shall brief the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives on the elements of the demonstration program
set forth under subsection (c).
SEC. 316. AUTHORITY TO TRANSFER AMOUNTS DERIVED FROM ENERGY
COST SAVINGS.
Section 2912 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) Transfer of Amounts.--(1) The Secretary of Defense
may transfer amounts described in subsection (a) that remain
available for obligation to other funding accounts of the
Department of Defense if the purpose for which such amounts
will be used is a purpose specified in subsection (b) or (c).
``(2) Amounts transferred to a funding account of the
Department under paragraph (1) shall be available for
obligation for the same period as amounts in that account.''.
SEC. 317. SENSE OF SENATE ON ENERGY INDEPENDENCE AND
DIVERSIFICATION.
It is the sense of the Senate that the United States
should--
(1) remain energy independent to enhance national security;
and
(2) adopt an all-of-the-above energy strategy to diversify
and mitigate the risk of becoming energy and materially
dependent on vulnerable sources of energy and energy
technology that may constrain the operations of the Armed
Forces of the United States.
Subtitle C--National Security Climate Resilience
SEC. 331. SHORT TITLE.
This subtitle may be cited as the ``National Security
Climate Resilience Act''.
SEC. 332. DEFINITIONS.
In this subtitle:
(1) Climate resilience.-- The term ``climate resilience''
has the meaning given the term ``energy and climate
resiliency'' in section 2864(f)(3) of title 10, United States
Code.
(2) Climate security.--The term ``climate security'' means
the effects of extreme weather on the following:
(A) The national security of the United States, including
national security infrastructure.
(B) Subnational, national, and regional political
stability.
(C) The security of allies and partners of the United
States.
(D) Ongoing or potential political violence, including
unrest, rioting, guerrilla warfare, insurgency, terrorism,
rebellion, revolution, civil war, and interstate war.
(3) Extreme weather.--The term ``extreme weather'' means
recurrent flooding, drought, desertification, wildfires,
thawing permafrost, or any other weather-related events that
present a recurring annual threat to facilities and other
infrastructure of the Department of Defense or are likely to
recur over a period of five to eight years.
SEC. 333. CLIMATE RESILIENCE IN PLANNING, ENGAGEMENT
STRATEGIES, INFRASTRUCTURE, AND FORCE
DEVELOPMENT OF DEPARTMENT OF DEFENSE.
(a) Climate Challenges and Climate Resilience in Key
Processes of Department of Defense.--The Secretary of Defense
shall direct that the acquisition, budget planning and
execution, infrastructure planning and sustainment, force
development, engagement strategy development, security
assistance, and other core processes of the Department of
Defense fully consider and make needed adjustments to account
for current and emerging climate and environmental challenges
and to ensure the climate resilience of assets and
capabilities of the Department.
(b) Climate Resilience Mission Impact Assessment.--
(1) In general.--The Secretary shall conduct a mission
impact assessment on climate resilience for the Department in
order to identify and assess the full spectrum of climate
risks that currently or could impact the mission of the
Department and the degree to which the Department is
resilient to such risks.
(2) Elements.--The assessment conducted under paragraph (1)
shall include the following:
(A) An assessment of the impact of the latest climate
science scenarios, as indicated in the National Climate
Assessment, on readiness, training, testing, and operations
for near-term operations and long-term, worst-case scenario
climate projections for the Department.
(B) A comprehensive review, conducted pursuant to section
153 of title 10, United States Code, by the Chairman of the
Joint Chiefs of Staff (in coordination with the Secretaries
of the military departments and the heads of the Defense
Agencies), to determine--
(i) security risks posed by extreme weather to operational
and theater security plans and engagement with allies and
partners of the United States; and
(ii) the extent to which the program recommendations and
budget proposals of the military departments and other
components of the Department for each fiscal year fully
account for the impacts of extreme weather and climate
resilience requirements.
(C) An assessment of the direct impacts of extreme weather
on the deployment and operations of the Armed Forces, and the
manner in which extreme weather will impact the requirements
of the commanders of the combatant commands in their areas of
responsibility, including--
(i) assessment of the evolving posture of peer competitors
and impacts to deployment and operations of peer competitors
due to extreme weather;
(ii) assessment of the impacts of expanding requirements
for humanitarian assistance and disaster response due to
extreme weather;
(iii) assessment of the impacts on the political, military,
and social stability of countries and regions of national
security concern that lack suitable infrastructure and
resources or, due to geographic location, may not
successfully adapt to extreme weather and may suffer
disproportionately compared to other countries and regions of
national security concern;
(iv) assessment of risks to home station strategic and
operational support area readiness, including the strategic
highway network, the strategic rail network, and strategic
air and sea ports;
(v) identification of the current climate resilience
status, plans, goals, and objectives of military
installations and State-owned National Guard installations in
light of current and projected vulnerabilities of such
installations to the impacts of extreme weather; and
(vi) development of measures to improve the preparedness
and resilience of military installations and State-owned
National Guard installations to extreme weather, while
simultaneously developing standards for data collection to
assist decision-making processes for research, development,
and acquisition priorities for installation and
infrastructure resilience to extreme weather.
(D) A long-term strategic plan, including war games and
exercises, centered on climate-driven crises, and a long-term
assessment of climate security by the Office of Net
Assessment of the Department.
(E) A review outlining near-term and long-term needs for
research, development, and deployment for equipment and other
measures required to assure the resilience of the assets and
capabilities of the Department and each component thereof,
and of key elements of the defense industrial base and
supporting transportation networks, to the impacts of extreme
weather.
(c) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and every five years thereafter,
the Chairman of the Joint Chiefs of Staff shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the broader strategic and
operational impacts of extreme weather on the Department,
measures to address such impacts, and progress in
implementing new technologies and platforms, training and
education methods, and data collection and dissemination for
each military department to meet its mission requirements.
(2) Research, development, and deployment needs.--Each
report required by paragraph (1) shall identify research,
development, and deployment needs for each combatant command
and functional command.
SEC. 334. CLIMATE RESILIENCE INFRASTRUCTURE INITIATIVE OF THE
DEPARTMENT OF DEFENSE.
(a) Designation.--The programs, practices, and activities
carried out pursuant to this section shall be known
collectively as the ``Climate Resilience Infrastructure
Initiative of the Department of Defense''.
[[Page S8563]]
(b) Conformance of Facilities and Infrastructure to Climate
Resilience Requirements.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, the Chief
of the National Guard Bureau, the Director of the Defense
Advanced Research Projects Agency, the directors of other
Defense Agencies, and the head of the Strategic Environmental
Research and Development Program, shall ensure that all
facilities and infrastructure of the Department of Defense
meet applicable standards and requirements of the Unified
Facilities Criteria of the Department on climate resilience.
(2) Standards and requirements.--The Secretary shall
provide for the ongoing review and update of the standards
and requirements referred to in paragraph (1) to ensure that
such standards and requirements incorporate lessons learned
on the potential impacts of extreme weather on the facilities
and infrastructure of the Department.
(c) Building Codes and Standards.--In carrying out
subsection (b), the Secretary shall ensure that the building
codes and standards applicable to structures of the
Department are updated on an ongoing basis to incorporate
best practices on climate resilience in the specific regions
in which the structures concerned are located, including with
respect to worst case scenarios in connection with the
impacts of extreme weather.
(d) Hardening and Quick Recovery.--In carrying out
subsection (b), the Secretary shall ensure that the
Department develops requirements for backup utilities,
communications, and transportation to ensure that the
critical infrastructure of Department facilities is hardened,
developed, and constructed for recovering quickly from
natural disasters and the impacts of extreme weather.
(e) Sustainment and Modernization.--In carrying out
subsection (b) the Secretary shall develop sustainment and
modernization requirements for facilities of the Department
in connection with climate resilience.
(f) Collaboration in Planning With Local Communities.--The
Secretary shall develop, within existing frameworks for
collaborative activities between military installations and
State and local communities, and in addition to the
requirements of section 2864(c) of title 10, United States
Code, a framework that permits and directs installation
commanders to engage with State, regional, and local
agencies, and with local communities, on planning for climate
resilience in order to enhance efficient response to impacts
of extreme weather and to secure collaborative investment in
infrastructure that is resilient to the current and projected
impacts of extreme weather.
(g) Testing and Training Range Lands.--
(1) Practices for sustainment of lands.--The Secretary
shall develop and implement practices to sustain the lands of
the military testing and training ranges of the Department,
and the lands of testing and training ranges on State-owned
National Guard installations, through the adaptation and
resilience of such lands to the current and projected impacts
of extreme weather to ensure the ongoing availability of such
lands to military personnel, weapon systems, and equipment
for testing and training purposes.
(2) Training and education on sustainment of lands.--The
Secretary shall develop a program of training and education
for regular and reserve members of the Armed Forces
(including members of the National Guard) on the importance
of the sustainment of the lands of the military testing and
training ranges as described in paragraph (1).
(3) Investment in resilience of lands.--The Secretary shall
provide for appropriate investments in the lands of the
military testing and training ranges in order to increase the
resilience and adaptation of such lands to the current and
projected impacts of extreme weather for testing and training
purposes in connection with current and projected testing and
training requirements in the short-term and the long-term.
(h) Use of Emission-free Technologies.--The Secretary shall
take appropriate actions to increase the use of emission-free
and net-zero-emission energy technologies in the operations,
programs, projects, and activities of the Department.
SEC. 335. ASSESSMENT OF CLIMATE RISKS TO INFRASTRUCTURE OF
DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall direct the
Secretary of each military department--
(1) to assess the vulnerability of installations and other
facilities under the jurisdiction of such Secretary, and of
State-owned National Guard installations, to the current and
projected impacts of extreme weather, using vulnerability and
risk assessment tools chosen or developed pursuant to section
326 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1310);
(2) to assess the infrastructure required for successful
operation of such installations and facilities in response to
any such vulnerabilities, and to assure military installation
resilience of such installations and facilities; and
(3) to develop installation-specific plans pursuant to
section 2864(c) of title 10, United States Code, and similar
plans for State-owned National Guard installations, to
address such vulnerabilities.
(b) Ranking of Facilities.--In carrying out subsection (a),
the Secretary of each military department shall rank the
needs of the military installations and other facilities
under the jurisdiction of such Secretary, and of State-owned
National Guard installations, based on level of risks posed
by the current and projected impacts of extreme weather, the
likelihood of such risks, and the importance of such
installations and facilities in maintaining overall readiness
and operational capability.
(c) Military Installation Resilience Defined.--In this
section, the term ``military installation resilience'' has
the meaning given that term in section 101(e)(8) of title 10,
United States Code.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 351. TREATMENT BY DEPARTMENT OF DEFENSE OF
PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL
SUBSTANCES.
(a) In General.--Chapter 160 of title 10, United States
Code, is amended--
(1) by inserting before section 2700 the following:
``Subchapter I--Environmental Restoration'';
(2) in section 2700, in the matter preceding paragraph (1),
by striking ``this chapter'' and inserting ``this
subchapter'';
(3) in section 2701(c)(1), in the matter preceding
subparagraph (A), by striking ``this chapter'' and inserting
``this subchapter'';
(4) in section 2703--
(A) in subsection (c)(1), by striking ``this chapter'' and
inserting ``this subchapter''; and
(B) in subsection (d), by striking ``this chapter'' and
inserting ``this subchapter'';
(5) in section 2707--
(A) in subsection (a), by striking ``this chapter'' and
inserting ``this subchapter''; and
(B) in subsection (e), by striking ``this chapter'' and
inserting ``this subchapter''; and
(6) by adding at the end the following new subchapter:
``Subchapter II--Treatment of Perfluoroalkyl Substances and
Polyfluoroalkyl Substances
``Sec. 2713. Definitions
``In this subchapter:
``(1) The term `military installation' has the meaning
given such term in section 2801(c)(4) of this title.
``(2) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
``(3) The term `polyfluoroalkyl substance' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
``Sec. 2714. Perfluoroalkyl substances and polyfluoroalkyl
substances task force
``(a) In General.--The Secretary of Defense shall establish
a task force to address the effects of the release of
perfluoroalkyl substances and polyfluoroalkyl substances from
activities of the Department of Defense (in this section
referred to as the `PFAS Task Force').
``(b) Membership.--The members of the PFAS Task Force are
the following:
``(1) The Assistant Secretary of Defense for Energy,
Installations, and Environment.
``(2) The Assistant Secretary of the Army for
Installations, Energy, and Environment.
``(3) The Assistant Secretary of the Navy for Energy,
Installations, and Environment.
``(4) The Assistant Secretary of the Air Force for
Installations, Environment, and Energy.
``(5) The Assistant Secretary of Defense for Health
Affairs.
``(c) Chairman.--The Assistant Secretary of Defense for
Energy, Installations, and Environment shall be the chairman
of the PFAS Task Force.
``(d) Support.--The Under Secretary of Defense for
Personnel and Readiness and such other individuals as the
Secretary of Defense considers appropriate shall support the
activities of the PFAS Task Force.
``(e) Duties.--The duties of the PFAS Task Force are the
following:
``(1) Monitor the health aspects of exposure to
perfluoroalkyl substances and polyfluoroalkyl substances, as
found by the Secretary of Health and Human Services.
``(2) Finding and funding the procurement of an effective
substitute firefighting foam without perfluoroalkyl
substances or polyfluoroalkyl substances.
``(3) Coordination within the Department of Defense with
respect to mitigating the effects of the release of
perfluoroalkyl substances and polyfluoroalkyl substances.
``(4) Assessment of the perceptions by Congress and the
public of the efforts of the Department of Defense with
respect to mitigating the effects of the release of
perfluoroalkyl substances and polyfluoroalkyl substances from
activities of the Department.
``(f) Report.--Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2022, and quarterly thereafter, the Chairman of
the PFAS Task Force shall submit to Congress a report on the
activities of the task force.
``Sec. 2715. Testing for perfluoroalkyl substances and
polyfluoroalkyl substances at military installations and
facilities of the National Guard
``(a) In General.--Not later than two years after the date
of the enactment of the National Defense Authorization Act
for Fiscal
[[Page S8564]]
Year 2022, the Secretary of Defense shall complete
preliminary assessment and site inspection testing for
perfluoroalkyl substances and polyfluoroalkyl substances at
all military installations and facilities of the National
Guard located in the United States that are identified as of
March 31, 2021, as having a release of perfluoroalkyl
substances or polyfluoroalkyl substances.
``(b) Determination of Contamination.--Testing conducted
under subsection (a) at a military installation or facility
of the National Guard shall determine--
``(1) whether the installation or facility has
contamination from a perfluoroalkyl substance or
polyfluoroalkyl substance; and
``(2) whether activities in connection with such
installation or facility have caused contamination from a
perfluoroalkyl substance or polyfluoroalkyl substance outside
of such installation or facility.
``(c) Additional Response Actions.--Testing conducted under
subsection (a) shall provide at least a preliminary basis for
determining whether additional environmental response actions
are necessary to address contamination from a perfluoroalkyl
substance or polyfluoroalkyl substance.
``(d) Type of Testing.--When testing for perfluoroalkyl
substances or polyfluoroalkyl substances under subsection (a)
or any other provision of law, the Secretary shall use a
method to measure for all perfluoroalkyl substances or
polyfluoroalkyl substances in drinking water that has been
validated by the Administrator of the Environmental
Protection Agency.
``(e) Report.--(1) For each of fiscal years 2022 through
2024, the Secretary shall submit to Congress a report on the
status of the testing conducted under subsection (a) during
such year.
``(2) Each report submitted under paragraph (1) shall
identify, with respect to testing conducted under subsection
(a)--
``(A) each installation or facility where testing has been
completed;
``(B) each installation or facility where testing has not
yet been completed;
``(C) the projected completion date for testing at
installations or facilities where testing has not yet been
completed;
``(D) the results of testing at installations or facilities
where testing has been completed; and
``(E) the actions planned, and the projected timelines for
such actions, for each installation or facility to address
contamination by a perfluoroalkyl substance or
polyfluoroalkyl substance.
``(3) Each report submitted under paragraph (1) shall be
provided to Congress not later than January 1st of the fiscal
year immediately following the fiscal year covered by the
report.
``(4) The Secretary may delegate the responsibility for
preparing the reports required by paragraph (1) only to the
Deputy Secretary of Defense.''.
(b) Clerical Amendment.--The table of sections for chapter
160 of such title is amended--
(1) by inserting after the item relating to chapter 160 the
following new item:
``subchapter i--environmental restoration''; and
(2) by adding at the end the following:
``subchapter ii--treatment of perfluoroalkyl substances and
polyfluoroalkyl substances
``Sec.
``2713. Definitions.
``2714. Perfluoroalkyl substances and polyfluoroalkyl substances task
force.
``2715. Testing for perfluoroalkyl substances and polyfluoroalkyl
substances at military installations and facilities of
the National Guard.''.
SEC. 352. PUBLIC DISCLOSURE OF TESTING AND RESULTS OF
DEPARTMENT OF DEFENSE TESTING FOR
PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES
AND ADDITIONAL REQUIREMENTS FOR TESTING.
(a) Public Disclosure of PFAS Testing Results.--Not later
than 10 days after receipt of validated testing results, the
Secretary of Defense shall publicly disclose the validated
results of any testing for perfluoroalkyl or polyfluoroalkyl
substances (commonly referred to as ``PFAS'') conducted on or
at areas surrounding military installations of the Department
of Defense in the United States or facilities of the National
Guard, as authorized under section 2707(e) of title 10,
United States Code, including--
(1) the results of all such testing conducted by the
Department; and
(2) the results of all such testing conducted by a non-
Department entity (including any Federal agency or any public
or private entity) under contract by or pursuant to an
agreement with the Department.
(b) Public Disclosure of Planned PFAS Testing.--Not later
than 60 days after the date of the enactment of the Act, and
every 90 days thereafter, the Secretary of Defense shall
disclose the expected timing and general location of any
planned testing for perfluoroalkyl or polyfluoroalkyl
substances conducted on or at areas surrounding military
installations of the Department of Defense in the United
States or facilities of the National Guard, as authorized
under section 2707(e) of title 10, United States Code,
including--
(1) all such testing to be conducted by the Department; and
(2) all such testing to be conducted by a non-Department
entity (including any Federal agency and any public or
private entity) under contract by 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 information, datasets, and results
relating to the testing described 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) Requirements of Information To Be Disclosed.--The
information required to be disclosed by the Secretary of
Defense under subsections (a) and (b) and published under
subsection (c)--
(1) shall constitute a record for the purposes of chapters
21, 29, 31, and 33 of title 44, United States Code;
(2) shall include any underlying datasets or additional
information of interest to the public, as determined by the
Secretary; and
(3) may exclude information as authorized by law.
(e) Local Notification.--Prior to conducting any testing
for perfluoroalkyl or polyfluoroalkyl substances, including
any testing not previously planned and reported, the
Secretary of Defense shall provide notice to--
(1) the managers of the public water system serving the
areas located immediately adjacent to the military
installation where such testing is to occur;
(2) the municipal government serving the areas located
immediately adjacent to the military installation where such
testing is to occur; and
(3) all members of the Restoration Advisory Board for the
military installation where such testing is to occur, as
applicable.
(f) Type of Testing.--When testing for perfluoroalkyl or
polyfluoroalkyl substances, the Secretary of Defense shall
test for all perfluoroalkyl or polyfluoroalkyl substances
included in that method of measuring the amount of such
substances in drinking water that has been validated by the
Administrator of the Environmental Protection Agency.
(g) Definitions.--In this section:
(1) The term ``military installation'' has the meaning
given such term in section 2801(c)(4) of title 10, United
States Code.
(2) The term ``perfluoroalkyl or polyfluoroalkyl
substance'' means any man-made chemical with at least one
fully fluorinated carbon atom.
(3) 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)).
SEC. 353. EXTENSION OF TRANSFER AUTHORITY FOR FUNDING OF
STUDY AND ASSESSMENT ON HEALTH IMPLICATIONS OF
PER- AND POLYFLUOROALKYL SUBSTANCES
CONTAMINATION IN DRINKING WATER BY AGENCY FOR
TOXIC SUBSTANCES AND DISEASE REGISTRY.
Section 316(a)(2)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1350), as amended by section 315(a) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1713), section 321 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1307), and section 337 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), is further
amended by striking ``fiscal years 2019, 2020, and 2021'' and
inserting ``fiscal years 2019 through 2023''.
SEC. 354. REPORT ON REMEDIATION OF PERFLUOROALKYL SUBSTANCES
AND POLYFLUOROALKYL SUBSTANCES AT CERTAIN
MILITARY INSTALLATIONS.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report identifying the status of efforts
to remediate perfluoroalkyl substances and polyfluoroalkyl
substances at the following locations:
(1) England Air Force Base, Louisiana.
(2) Naval Air Weapons Station China Lake, California.
(3) Patrick Air Force Base, Florida.
(4) Myrtle Beach Air Force Base, South Carolina.
(5) Langley Air Force Base, Virginia.
(6) Naval Air Station Jacksonville, Florida.
(7) Niagara Falls Air Reserve Station, New York.
(8) Grand Prairie Armed Forces Reserve Complex, Texas.
(9) Altus Air Force Base, Oklahoma.
(10) Charleston Air Force Base, South Carolina.
(11) Barksdale Air Force Base, Louisiana.
(12) Plattsburgh Air Force Base, New York.
(13) Tyndall Air Force Base, Florida.
(14) Sheppard Air Force Base, Texas.
(15) Columbus Air Force Base, Mississippi.
(16) Chanute Air Force Base, Illinois.
(17) Marine Corps Air Station Tustin, California.
(18) Travis Air Force Base, California.
(19) Ellsworth Air Force Base, South Dakota.
(20) Minot Air Force Base, North Dakota.
(21) Westover Air Reserve Base, Massachusetts.
(22) Eaker Air Force Base, Arkansas.
(23) Naval Air Station Alameda, California.
(24) Eielson Air Force Base, Alaska.
[[Page S8565]]
(25) Horsham Air Guard Station, Pennsylvania.
(26) Vance Air Force Base, Oklahoma.
(27) Dover Air Force Base, Delaware.
(28) Edwards Air Force Base, California.
(29) Robins Air Force Base, Georgia.
(30) Joint Base McGuire-Dix-Lakehurst, New Jersey.
(31) Galena Air Force Base, Alaska.
(32) Naval Research Laboratory Chesapeake Bay Detachment,
Maryland.
(33) Buckley Air Force Base, Colorado.
(34) Arnold Air Force Base, Tennessee.
(35) Tinker Air Force Base, Oklahoma.
(36) Fairchild Air Force Base, Washington.
(37) Vandenberg Air Force Base, California.
(38) Hancock Field Air National Guard Base, New York.
(39) F.E. Warren Air Force Base, Wyoming.
(40) Nevada Air National Guard Base, Nevada.
(41) K.I. Sawyer Air Force Base, Michigan.
(42) Pease Air Force Base, New Hampshire.
(43) Whiteman Air Force Base, Missouri.
(44) Wurtsmith Air Force Base, Michigan.
(45) Shepherd Field Air National Guard Base, West Virginia.
(46) Naval Air Station Whidbey Island-Ault Field,
Washington.
(47) Rosecrans Air National Guard Base, Missouri.
(48) Joint Base Andrews, Maryland.
(49) Iowa Air National Guard Base, Iowa.
(50) Stewart Air National Guard Base, New York.
(b) Definitions.--In this section:
(1) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
(2) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
SEC. 355. REPORT ON SCHEDULE FOR COMPLETION OF REMEDIATION OF
PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL
SUBSTANCES.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report detailing a proposed
schedule for the completion of remediation of perfluoroalkyl
substances and polyfluoroalkyl substances, and the associated
cost estimates to perform such remediation, at military
installations, facilities of the National Guard, and formerly
used defense sites in the United States that are identified
as of March 31, 2021, as having a release of perfluoroalkyl
substances or polyfluoroalkyl substances.
(b) Definitions.--In this section:
(1) The term ``military installation'' has the meaning
given such term in section 2801(c)(4) of title 10, United
States Code.
(2) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
(3) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
Subtitle E--Other Matters
SEC. 371. EXTENSION OF TEMPORARY AUTHORITY TO EXTEND
CONTRACTS AND LEASES UNDER THE ARMS INITIATIVE.
Section 343 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 7554 note) is
amended by striking ``the date that is five years after the
date of the enactment of this Act'' and inserting ``November
25, 2025,''.
SEC. 372. INCIDENT REPORTING REQUIREMENTS FOR DEPARTMENT OF
DEFENSE REGARDING LOST OR STOLEN WEAPONS.
(a) In General.--For each of fiscal years 2022, 2023, and
2024, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on security, control, thefts,
losses, and recoveries of sensitive conventional arms,
ammunition, and explosives (commonly referred to as ``AA&E'')
of the Department of Defense during such year, including the
following:
(1) M-16 or M4s.
(2) Light automatic weapons up to and including M249, M2,
and 40mm MK19 machine guns.
(3) Functional launch tube with umbilical squib installed
and grip stock for the Stinger missile.
(4) Launch tube, sight assembly, and grip stock for
missiles.
(5) Tracker for the Dragon missile.
(6) Mortar tubes up to and including 81mm.
(7) Grenade launchers.
(8) Rocket and missile launchers with an unpacked weight of
100 pounds or less.
(9) Flame throwers.
(10) The launcher, missile guidance se, or the optical
sight for the TOW and the Javelin Command Launch Unit.
(11) Single shot and semi-automatic (non-automatic)
shoulder-fired weapons such as shotguns and bolt action
rifles and weapons barrels.
(12) Handguns.
(13) Recoil-less rifles up to and including 106mm.
(14) Man-portable missiles and rockets in a ready-to-fire
configuration or when jointly stored or transported with the
launcher tube or grip-stock and the explosive round.
(15) Stinger missiles.
(16) Dragon, Javelin, light antitank weapon (66mm),
shoulder-launched multi-purpose assault weapon rocket (83mm),
M136 (AT4) anti-armor launcher and cartridge (84mm).
(17) Missiles and rockets that are crew-served or require
platform-mounted launchers and other equipment to function
include HYDRA-70 rockets and tube-launched optically wire
guided (TOW) missiles.
(18) Missiles and rockets that require platform-mounted
launchers and complex hardware equipment to function
including the HELLFIRE missile.
(19) Explosive rounds of any missile or rocket listed in
paragraphs (1) through (18).
(20) Hand or rifle grenades (high-explosive and white
phosphorous).
(21) Antitank or antipersonnel mines.
(22) Explosives used in demolition operations, C-4,
military dynamite, and trinitrotoluene (TNT).
(23) Warheads for sensitive missiles and rockets weighing
less than 50 pounds each.
(24) Ammunition that is .50 caliber or larger with
explosive-filled projectile.
(25) Incendiary grenades and fuses for high-explosive
grenades.
(26) Blasting caps.
(27) Supplementary charges.
(28) Bulk explosives.
(29) Detonating cord.
(30) Riot control agents.
(b) Immediate Reporting of Confirmed Thefts, Losses, and
Recoveries.--Not later than 72 hours after a confirmed theft,
loss, or recovery of a sensitive conventional arm,
ammunition, or explosive covered by the report required by
subsection (a), the Secretary shall report such theft, loss,
or recovery to the National Crime Information Center and
local law enforcement.
SEC. 373. REPEAL OF SUNSET FOR NAVAL VESSEL EXAMINATION
REPORT.
Section 8674(d) of title 10, United States Code, is amended
by striking paragraph (3).
SEC. 374. REPORT ON AMMUNITION ORGANIC INDUSTRIAL BASE
MODERNIZATION BY DEPARTMENT OF THE ARMY.
(a) In General.--Not later than March 15, 2022, the
Secretary of the Army shall submit to the congressional
defense committees a report on--
(1) a modernization master plan for the optimal placement
and creation of efficiencies in facilities and major
equipment to support mission requirements at ammunition
organic industrial base production facilities under the
jurisdiction of the Secretary of the Army; and
(2) an investment strategy to address the facilities, major
equipment, and infrastructure requirements at each such
production facility in order to support the readiness and
material availability goals of current and future weapons
systems of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) A review of current and projected workload requirements
for the manufacturing of energetic materials, including
propellants, explosives, pyrotechnics, and the ingredients
for propellants, explosives, and pyrotechnics, to assess
efficiencies in the use of existing facilities, including
consideration of new weapons characteristics and
requirements, obsolescence of facilities, siting of
facilities and equipment, and various constrained process
flows.
(2) An analysis of life-cycle costs to repair and modernize
existing mission-essential facilities versus the cost to
consolidate functions into modern, right-sized facilities at
each location to meet current and programmed future mission
requirements.
(3) A review of the progress made in prioritizing and
funding projects that facilitate process efficiencies and
consolidate and contribute to availability cost and schedule
reductions.
(4) An accounting of the backlog of restoration and
modernization projects at each arsenal of the Department of
the Army.
(5) A master plan for each arsenal of the Department of the
Army that incorporates the results of a review of--
(A) industrial processes, logistics streams, and workload
distribution required to support production objectives; and
(B) the facilities requirements to support optimized
processes.
(6) An updated investment strategy planned for each arsenal
of the Department of the Army, including--
(A) a timeline to complete the master plan for such
strategy;
(B) a list of projects and a brief scope of work for each
such project; and
(C) cost estimates necessary to complete projects for
mission essential facilities.
(c) Annual Report.--As part of the annual budget submission
by the President under section 1105(a) of title 31, United
States Code, for fiscal years 2023 through 2027, the
Secretary of the Army shall submit to the congressional
defense committees a report describing the progress made in
establishing the master plan under subsection (b)(5) and
implementing the investment strategy under subsection (b)(6).
SEC. 375. ANNUAL REPORT BY SECRETARY OF THE NAVY 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:
``Sec. 8695. Annual report on ship maintenance
``Not later than October 15 of each year, the Secretary of
the Navy shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report setting forth the following:
[[Page S8566]]
``(1) A description of all ship maintenance planned for the
fiscal year in 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) Details of any ship maintenance that was deferred
during the previous fiscal year.
``(5) Details of planned ship maintenance that was
cancelled during the previous fiscal year and a summary of
the reasons for the decision.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 863 of such title is amended by adding
at the end the following new item:
``8695. Annual report on ship maintenance.''.
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, 329,220.
(5) The Space Force, 8,400.
SEC. 402. AUTHORITY WITH RESPECT TO AUTHORIZED STRENGTHS FOR
GENERAL AND FLAG OFFICERS WITHIN THE ARMED
FORCES FOR EMERGING REQUIREMENTS.
(a) Authority on and Before December 31, 2022.--Section 526
of title 10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Transfer of Authorizations Among the Military
Services.--(1) The Secretary of Defense may increase the
maximum number of brigadier generals or major generals in the
Army, Air Force, Marine Corps, or Space Force, or rear
admirals (lower half) or rear admirals in the Navy, allowed
under subsection (a) and section 525 of this title, and the
President may appoint officers in the equivalent grades equal
to the number increased by the Secretary of Defense, if each
appointment is made in conjunction with an offsetting
reduction under paragraph (2).
``(2) For each increase and appointment made under the
authority of paragraph (1) in the Army, Navy, Air Force,
Marine Corps, or Space Force, the number of appointments that
may be made in the equivalent grade in one of the other armed
forces (other than the Coast Guard) shall be reduced by one.
When such an increase and appointment is made, the Secretary
of Defense shall specify the armed force in which the
reduction required by this paragraph is to be made.
``(3) The total number of general officers and flag
officers increased under paragraph (1), combined with the
total number of general officers and flag officers increased
under section 526a(i)(1) of this title, may not exceed 15 at
any one time.
``(4) The Secretary may not increase the maximum number of
general officers or flag officers under paragraph (1) until
the date that is 30 days after the date on which the
Secretary provides notice of the increase to the Committees
on Armed Services of the Senate and the House of
Representatives.''.
(b) Authority After December 31, 2022.--Section 526a of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(i) Transfer of Authorizations Among the Military
Services.--(1) The Secretary of Defense may increase the
maximum number of brigadier generals or major generals in the
Army, Air Force, Marine Corps, or Space Force, or rear
admirals (lower half) or rear admirals in the Navy, allowed
under subsection (a) and section 525 of this title and the
President may appoint officers in the equivalent grades equal
to the number increased by the Secretary of Defense if each
appointment is made in conjunction with an offsetting
reduction under paragraph (2).
``(2) For each increase and appointment made under the
authority of paragraph (1) in the Army, Navy, Air Force,
Marine Corps, or Space Force, the number of appointments that
may be made in the equivalent grade in one of the other armed
forces (other than the Coast Guard) shall be reduced by one.
When such an increase and appointment is made, the Secretary
of Defense shall specify the armed force in which the
reduction required by this paragraph is to be made.
``(3) The total number of general officers and flag
officers increased under paragraph (1), combined with the
total number of general officers and flag officers increased
under section 526(k)(1) of this title, may not exceed 15 at
any one time.
``(4) The Secretary may not increase the maximum number of
general officers or flag officers under paragraph (1) until
the date that is 30 days after the date on which the
Secretary provides notice of the increase to the Committees
on Armed Services of the Senate and the House of
Representatives.''.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END
STRENGTH.
(a) In General.--Notwithstanding section 115(g) of title
10, United States Code, upon determination by the Secretary
of the Air Force that such action would enhance manning and
readiness in essential units or in critical specialties, the
Secretary may vary the end strength authorized by Congress
for each fiscal year as follows:
(1) Increase the end strength authorized pursuant to
section 115(a)(1)(A) for a fiscal year for the Space Force by
a number equal to not more than 5 percent of such authorized
end strength.
(2) Decrease the end strength authorized pursuant to
section 115(a)(1)(A) for a fiscal year for the Space Force by
a number equal to not more than 10 percent of such authorized
end strength.
(b) Termination.--The authority provided under subsection
(a) shall terminate on December 31, 2022.
SEC. 404. TEMPORARY EXEMPTION FROM END STRENGTH GRADE
RESTRICTIONS FOR THE SPACE FORCE.
Sections 517 and 523 of title 10, United States Code, shall
not apply to the Space Force until January 1, 2023.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2022, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 58,600.
(4) The Marine Corps Reserve, 36,800.
(5) The Air National Guard of the United States, 108,300.
(6) The Air Force Reserve, 70,300.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2022, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,293.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
(a) In General.--The authorized 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,
10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians
(dual Status).--The number of temporary military technicians
(dual-status) employed under the authority of subsection (a)
may not exceed 25 percent of the total authorized number
specified in such subsection.
(c) Limitation.--Under no circumstances may a military
technician (dual status) employed under the authority of this
section be coerced by a State into accepting an offer of
realignment or conversion to any other military status,
including as a member of the Active, Guard, and Reserve
program of a reserve component. If a military technician
(dual status) declines to participate in such realignment or
conversion, no further action will be taken against the
individual or the individual's position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2022, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
[[Page S8567]]
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 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--Officer Personnel Policy
SEC. 501. INCREASE IN AUTHORIZED LIEUTENANT COMMANDER BILLETS
IN THE NAVY.
Section 605(g)(4)(B) of title 10, United States Code, is
amended by striking ``325'' and inserting ``350''.
SEC. 502. TIME IN GRADE REQUIREMENTS.
Section 619(a) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``paragraph (4)'' and
inserting ``paragraph (5)'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) When the needs of the service require, the Secretary
of the military department concerned may prescribe a shorter
period of service in grade, but not less than two years, for
eligibility for consideration for promotion, in the case of
officers designated for limited duty to whom paragraph (2)
applies.''.
Subtitle B--General Service Authorities and Correction of Military
Records
PART I-- SELECTIVE SERVICE REFORM
SEC. 511. 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.--Subsection (b) of
section 1 (50 U.S.C. 3801) is amended to read as follows:
``(b) The Congress declares that the security of the Nation
requires that adequate military strength be achieved and
maintained by ensuring a requisite number of personnel with
the necessary capabilities to meet the diverse mobilization
needs of the Department of Defense during a national
emergency.''.
(c) Solemnity of Military Service.--Section 3 (50 U.S.C.
3802) is amended by adding at the end the following:
``(c) Regulations prescribed pursuant to subsection (a)
shall include methods to convey to every person required to
register the solemn obligation for military service if called
into training or service under this Act.''.
(d) Expanded Registration to All Americans.--
(1) Section 3(a) (50 U.S.C. 3802(a)) is amended--
(A) by striking ``male citizen'' and inserting ``citizen'';
(B) by striking ``male person'' and inserting ``person'';
(C) by striking ``present himself'' and inserting
``appear''; and
(D) by striking ``so long as he'' and inserting ``so long
as such alien''.
(2) Section 4(e) (50 U.S.C. 3803(e)) is amended by striking
``enlisted men'' and inserting ``enlisted persons''.
(3) Section 5 (50 U.S.C. 3805) is amended--
(A) in subsection (a)(1)--
(i) by striking ``on account of race or color'' and
inserting ``on any basis set forth in section 703(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2002e-2(a))''; 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 by
striking ``the President is requested'' and all that follows
through ``race or national origin'' 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 those registrants within
its jurisdiction in each applicable basis set forth in
section 703(a) of the Civil Rights Act of 1964 (42 U.S.C.
2002e-2(a)), but no action by any board shall be declared
invalid on the ground that such board failed to conform to
such representation quota''.
(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) Technical and Conforming Amendments.--The Military
Selective Service Act is amended--
(1) in section 4 (50 U.S.C. 3803)--
(A) in subsection (a) in the third undesignated paragraph--
(i) by striking ``his acceptability in all respects,
including his'' and inserting ``such person's acceptability
in all respects, including such person's''; and
(ii) by striking ``he may prescribe'' and inserting ``the
President may prescribe'';
(B) in subsection (c)--
(i) in paragraph (2), by striking ``any enlisted member''
and inserting ``any person who is an enlisted member''; and
(ii) in paragraphs (3), (4), and (5), by striking ``in
which he resides'' and inserting ``in which such person
resides'';
(C) in subsection (g), by striking ``coordinate with him''
and inserting ``coordinate with the Director''; and
(D) in subsection (k)(1), by striking ``finding by him''
and inserting ``finding by the President'';
(2) in section 5(d) (50 U.S.C. 3805(d)), by striking ``he
may prescribe'' and inserting ``the President may
prescribe'';
(3) in section 6 (50 U.S.C. 3806)--
(A) in subsection (c)(2)(D), by striking ``he may
prescribe'' and inserting ``the President may prescribe'';
(B) in subsection (d)(3), by striking ``he may deem
appropriate'' and inserting ``the President considers
appropriate''; and
(C) in subsection (h), by striking ``he may prescribe''
each place it appears and inserting ``the President may
prescribe'';
(4) in section 10 (50 U.S.C. 3809)--
(A) in subsection (b)--
(i) in paragraph (3)--
(I) by striking ``He shall create'' and inserting ``The
President shall create''; and
(II) by striking ``upon his own motion'' and inserting
``upon the President's own motion'';
(ii) in paragraph (4), by striking ``his status'' and
inserting ``such individual's status''; and
(iii) in paragraphs (4), (6), (8), and (9), by striking
``he may deem'' each place it appears and inserting ``the
President considers''; and
(B) in subsection (c), by striking ``vested in him'' and
inserting ``vested in the President'';
(5) in section 13(b) (50 U.S.C. 3812(b)), by striking
``regulation if he'' and inserting ``regulation if the
President'';
(6) in section 15 (50 U.S.C. 3813)--
(A) in subsection (b), by striking ``his'' each place it
appears and inserting ``the registrant's''; and
(B) in subsection (d), by striking ``he may deem'' and
inserting ``the President considers'';
(7) in section 16(g) (50 U.S.C. 3814(g))--
(A) in paragraph (1), by striking ``who as his regular and
customary vocation'' and inserting ``who, as such person's
regular and customary vocation,''; and
(B) in paragraph (2)--
(i) by striking ``one who as his customary vocation'' and
inserting ``a person who, as such person's customary
vocation,''; and
(ii) by striking ``he is a member'' and inserting ``such
person is a member'';
(8) in section 18(a) (50 U.S.C. 3816(a)), by striking ``he
is authorized'' and inserting ``the President is
authorized'';
(9) in section 21 (50 U.S.C. 3819)--
(A) by striking ``he is sooner'' and inserting ``sooner'';
(B) by striking ``he'' each subsequent place it appears and
inserting ``such member''; and
(C) by striking ``his consent'' and inserting ``such
member's consent'';
(10) in section 22(b) (50 U.S.C. 3820(b)), in paragraphs
(1) and (2), by striking ``his'' each place it appears and
inserting ``the registrant's''; and
(11) except as otherwise provided in this section--
(A) by striking ``he'' each place it appears and inserting
``such person'';
(B) by striking ``his'' each place it appears and inserting
``such person's'';
(C) by striking ``him'' each place it appears and inserting
``such person''; and
(D) by striking ``present himself'' each place it appears
in section 12 (50 U.S.C. 3811) and inserting ``appear''.
(g) 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 subsection (d) shall take
effect 1 year after such date of enactment.
SEC. 512. REPORT ON EXEMPTIONS AND DEFERMENTS FOR A POSSIBLE
MILITARY DRAFT.
Not later than 120 days after the date of the enactment of
this Act, the Director of the Selective Service System, in
consultation with the Secretary of Defense and the Secretary
of Homeland Security, shall submit to Congress a report
providing a review
[[Page S8568]]
of exemptions and deferments from registration, training, and
service under the Military Selective Service Act (50 U.S.C.
3801 et seq.) and of proposed revisions to those exemptions
and deferments, taking into account amendments to the
Military Selective Service Act under section 511(a) of this
Act to require registration of all United States citizens and
persons residing in the United States.
SEC. 513. REPORT ON PROCESSES AND PROCEDURES FOR APPEAL OF
DENIAL OF STATUS OR BENEFITS FOR FAILURE TO
REGISTER FOR SELECTIVE SERVICE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
Selective Service System shall submit to the appropriate
committees of Congress a report setting forth the results of
a review of the processes and procedures employed by agencies
across the Federal Government for the appeal by individuals
of a denial of status or benefits under Federal law for
failure to register for selective service under the Military
Selective Service Act (50 U.S.C. 3801 et seq.).
(b) Consultation.--The Director of the Selective Service
System shall carry out this section in consultation with the
Secretary of Homeland Security, the Secretary of Education,
the Director of the Office of Personnel Management, and the
heads of other appropriate Federal agencies.
(c) Elements.--The report required by subsection (a) shall
include the following:
(1) A description and assessment of the various appeals
processes and procedures described in subsection (a),
including--
(A) a description of such processes and procedures; and
(B) an assessment of--
(i) the adequacy of notice provided for appeals under such
processes and procedures;
(ii) the fairness of each such process and procedure;
(iii) the ease of use of each such process and procedure;
(iv) consistency in the application of such processes and
procedures across the Federal Government; and
(v) the applicability of an appeal granted by one Federal
agency under such processes and procedures to the actions and
decisions of another Federal agency on a similar appeal.
(2) Information on the number of waivers requested, and the
number of waivers granted, during the 15-year period ending
on the date of the enactment of this Act in connection with
denial of status or benefits for failure to register for
selective service.
(3) An analysis and assessment of the recommendations of
the National Commission on Military, National, and Public
Service for reforming the rules and policies concerning
failure to register for selective service.
(4) Such recommendations for legislative or administrative
action as the Director of the Selective Service System, and
the consulting officers pursuant to subsection (b), consider
appropriate in light of the review conducted pursuant to
subsection (a).
(5) Such other matters in connection with the review
conducted pursuant to subsection (a) as the Director
considers appropriate.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committee of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives.
SEC. 514. RESPONSIBILITIES FOR NATIONAL MOBILIZATION;
PERSONNEL REQUIREMENTS.
(a) Executive Agent for National Mobilization.--The
Secretary of Defense shall designate a senior civilian
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 other persons inducted into the Armed Forces
under the Military Selective Service Act (50 U.S.C. 3801 et
seq.);
(2) providing Congress and the Selective Service System
with updated requirements and timelines for obtaining
inductees in the event of a national emergency requiring mass
mobilization and induction of personnel under the Military
Selective Service Act for training and service in the Armed
Forces; 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) Report 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 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 personnel inducted into the Armed
Forces under the Military Selective Service Act into the
total force, addressing scenarios that would include 300,000,
600,000, and 1,000,000 new volunteer and other personnel
inducted into the Armed Forces under the Military Selective
Service Act. The plan may be provided in classified form.
SEC. 515. 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
the induction of personnel into the armed forces under the
Military Selective Service Act (50 U.S.C. 3801 et seq.), and
submit to Congress a report on the results of this exercise.
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;
``(B) shall include a simulation of a mobilization of all
armed forces and reserve units, with plans and processes for
incorporating personnel inducted into the armed forces under
the Military Selective Service Act and the large number of
volunteers who may respond to a national call for volunteers;
and
``(C) shall involve the Selective Service System, the
Department of Homeland Security, the Department of Commerce,
the Department of Labor, and other relevant interagency
stakeholders.''.
PART II--OTHER MATTERS
SEC. 518. MILITARY SERVICE INDEPENDENT RACIAL DISPARITY
REVIEW.
(a) Review Required.--Each Secretary of a military
department shall conduct an assessment of racial disparity in
military justice and discipline processes and military
personnel policies, as they pertain to minority populations.
(b) Report Required.--Not later than one year after the
date of the enactment of this Act, each Secretary concerned
shall transmit to the Committees on Armed Services of the
Senate and the House of Representatives and the Comptroller
General of the United States a report detailing the results
of the assessment required by subsection (a), together with
recommendations for statutory or regulatory changes as the
Secretary concerned determines appropriate.
(c) Comptroller General Report.--Not later than 180 days
after receiving the reports submitted under subsection (b),
the Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report comparing the military service assessments on racial
disparity to existing reports assessing racial disparity in
civilian criminal justice systems in the United States.
(d) Definitions.--In this section:
(1) Military justice; discipline processes.--The terms
``military justice'' and ``discipline processes'' refer to
all facets of the military justice system, including
investigation, the use of administrative separations and
other administrative sanctions, non-judicial punishment,
panel selection, pre-trial confinement, the use of solitary
confinement, dispositions of courts-martial, sentencing, and
post-trial processes.
(2) Military personnel policies.--The term ``military
personnel policies'' includes accession rates and policies,
retention rates and policies, promotion rates, assignments,
professional military education selection and policies, and
career opportunity for minority members of the Armed Forces.
(3) Minority populations.--The term ``minority
populations'' includes Black, Hispanic, Asian/Pacific
Islander, American Indian, and Alaska Native populations.
SEC. 519. APPEALS TO PHYSICAL EVALUATION BOARD DETERMINATIONS
OF FITNESS FOR DUTY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall incorporate a formal
appeals process into the policies and procedures applicable
to the implementation of the Integrated Disability Evaluation
System of the Department of Defense. The appeals process
shall include the following:
(1) The Secretary concerned shall ensure that a member of
the Armed Forces may submit a formal appeal made with respect
to determinations of fitness for duty to a Physical
Evaluation Board of such Secretary.
(2) The appeals process shall include, at the request of
such member, an impartial hearing on a fitness for duty
determination to be conducted by the Secretary concerned.
(3) Such member shall have the option to be represented at
a hearing by legal counsel.
SEC. 520. EXTENSION OF PAID PARENTAL LEAVE.
(a) In General.--Section 701 of title 10, United States
Code, is amended--
(1) in subsection (i)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``a member'' and all
that follows through the period at the end and inserting the
following: ``a member of the armed forces described in
paragraph (2) is allowed up to a total of 12 weeks of
parental leave during the one-year period beginning after the
following events:
``(i) The birth or adoption of a child of the member and in
order to care for such child.
``(ii) The placement of a minor child with the member for
adoption or foster care.''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B)(i) The Secretary concerned, under uniform regulations
to be prescribed by the
[[Page S8569]]
Secretary of Defense, may authorize leave described under
subparagraph (A) to be taken after the one-year period
described in such paragraph in the case of a member described
in paragraph (2) who, except for this subparagraph, would
lose unused parental leave at the end of the one-year period
described in subparagraph (A) as a result of--
``(I) operational requirements;
``(II) professional military education obligations; or
``(III) other circumstances that the Secretary determines
reasonable and appropriate.
``(ii) The regulations prescribed under clause (i) shall
require that any leave authorized to be taken after the one-
year period described in subparagraph (A) shall be taken
within a reasonable period of time, as determined by the
Secretary of Defense, after cessation of the circumstances
warranting the extended deadline.'';
(B) by striking paragraphs (3), (8), and (10) and
redesignating paragraphs (4), (5), (6), (7), and (9) as
paragraphs (3), (4), (5), (6), and (7), respectively;
(C) in paragraph (3), as redesignated by subparagraph (B),
by striking ``a member may receive more than six weeks of
medical convalescent leave in connection with the birth of a
child, but only if the additional medical convalescent
leave'' and inserting ``a member who has given birth may take
convalescent leave in conjunction with the birth of a child.
Any medical convalescent leave taken by a member that has
given birth shall be used concurrently with the member's 12-
week parental leave entitlement. Medical convalescent leave
in excess of twelve weeks may be authorized if additional
medical convalescent leave'';
(D) in paragraph (4), as so redesignated, by striking
``paragraphs (1) and (4)'' and inserting ``paragraphs (1) and
(3)'';
(E) in paragraph (5)(A), as so redesignated, by inserting
``, subject to the exceptions in paragraph (1)(B)(ii)'' after
``shall be forfeited''; and
(F) in paragraph (7)(B), as so redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (3)''; and
(2) by striking subsection (j) and redesignating
subsections (k) and (l) as subsections (j) and (k),
respectively.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect one year after the date of the enactment of
this Act.
(c) Regulations.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations implementing the amendments made by
subsection (a).
SEC. 520A. BEREAVEMENT LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 701 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(m)(1)(A) Under regulations prescribed by the Secretary
of Defense, a member of the armed forces described in
subparagraph (B) is allowed up to two weeks of leave to be
used in connection with the death of an immediate family
member.
``(B) Subparagraph (A) applies to the following members:
``(A) A member on active duty.
``(B) A member of a reserve component performing active
Guard and Reserve duty.
``(C) A member of a reserve component subject to an active
duty recall or mobilization order in excess of 12 months.
``(2) Under the regulations prescribed for purposes of this
subsection, a member taking leave under paragraph (1) shall
not have his or her leave account reduced as a result of
taking such leave if such member's accrued leave is fewer
than 30 days. Members with 30 or more days of accrued leave
shall be charged for bereavement leave until such point that
the member's accrued leave is less than 30 days. Any
remaining bereavement leave taken by such member in
accordance with paragraph (1) after such point shall not be
chargeable to the member.
``(3) Immediate Family Member Defined.--In this section,
the term `immediate family member', with respect to a member
of the armed forces, means--
``(A) the member's spouse; or
``(B) a child of the member.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of the enactment of
this Act.
Subtitle C--Prevention and Response to Sexual Assault, Harassment, and
Related Misconduct, and Other Military Justice Matters
SEC. 521. DOD SAFE HELPLINE AUTHORIZATION TO PERFORM INTAKE
OF OFFICIAL RESTRICTED AND UNRESTRICTED REPORTS
FOR ELIGIBLE ADULT SEXUAL ASSAULT VICTIMS.
Section 584 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 1561 note) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Authorizations for DoD Safe Helpline.--
``(1) Providing support and receiving official reports.--
DoD Safe Helpline (or any successor service to DoD Safe
Helpline, if any, as identified by the Secretary of Defense)
is authorized to provide crisis intervention and support and
to perform the intake of official reports of sexual assault
from eligible adult sexual assault victims who contact the
DoD Safe Helpline or other reports as directed by the
Secretary of Defense.
``(2) Training and oversight.--DoD Safe Helpline staff
shall have specialized training and appropriate certification
to support eligible adult sexual assault victims.
``(3) Eligibility and procedures.--The Secretary of Defense
shall prescribe regulations regarding eligibility for DoD
Safe Helpline services, procedures for providing crisis
intervention and support, and accepting reports.
``(4) Electronic receipt of official reports of adult
sexual assaults.--DoD Safe Helpline shall provide the ability
to receive reports of adult sexual assaults through the DoD
Safe Helpline website and mobile phone applications, in a
secure manner consistent with appropriate protection of
victim privacy, and may offer other methods of receiving
electronic submission of adult sexual assault reports, as
appropriate, in a manner that appropriately protects victim
privacy.
``(5) Types of reports.--Reports of sexual assault from
eligible adult sexual assault victims received by DoD Safe
Helpline (or a successor as determined by the Secretary of
Defense) shall include unrestricted and restricted reports,
or other reports as directed by the Secretary of Defense.
``(6) Option for entry into the catch a serial offender
system.--An individual making a restricted report (or a
relevant successor type of report or other type of
appropriate report, as determined by the Secretary of
Defense) to the DoD Safe Helpline (or a successor as
determined by the Secretary of Defense) shall have the option
to submit information related to their report to the CATCH A
SERIAL OFFENDER system (or its successor or similar system as
determined by the Secretary of Defense).''.
SEC. 522. ASSESSMENT OF RELATIONSHIP BETWEEN COMMAND CLIMATE
AND THE PREVENTION AND ADJUDICATION OF MILITARY
SEXUAL MISCONDUCT.
(a) Assessment Required.--The Secretary of Defense shall
require the Secretaries of the military departments to
conduct not fewer than six independent reviews at military
installations under the control of the Secretary concerned to
assess the command climate at such military installations, to
include a review of those installations' programs to prevent
and respond to sexual assault and sexual harassment,
organizational climate, gender discrimination, and support of
survivors.
(b) Locations.--The assessments conducted under subsection
(a) shall be conducted at--
(1) not fewer than three installations, including at least
one Navy ship, with the highest risk of sexual assault, as
defined by the Secretary of Defense; and
(2) not fewer than three installations, including at least
one Navy ship, with the lowest risk of sexual assault, as
defined by the Secretary of Defense.
(c) Parameters.--
(1) Independence.--The assessments conducted under this
section may be comprised of civilian and military personnel,
include the membership of, and input from, the Office of the
Department of Defense Inspector General, and include
individuals possessing the appropriate level of experience to
conduct assessments of command climate. The members
conducting an assessment of a particular military
installation shall be independent from the military service
assessed, the chain of command involved, and the installation
that is the focus of the review.
(2) Data surveyed.--The assessment shall leverage command
climate surveys, interviews, focus groups, independent
research and materials, media reports, and other means as
determined by the Secretary of Defense.
(d) Use of Results.--The results of the assessment shall be
used to inform best practices in supporting a climate that
supports prevention programs and survivors at military
installations. The best practices shall be shared throughout
the Department of Defense, including with the installations
included in the assessment, and in a publicly available
report.
(e) Completion and Reporting.--The assessment under this
section shall be completed not later than 18 months after the
date of the enactment of this Act. Not later than 30 days
after the assessment is completed, the Secretary of Defense
shall submit a report with findings to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives.
SEC. 523. POLICY FOR ENSURING THE ANNUAL REPORT REGARDING
SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED
FORCES INCLUDES INFORMATION ON RACE AND
ETHNICITY OF VICTIMS.
The Secretary of Defense shall prescribe policy requiring
information on the race and ethnicity of victims and accused
individuals to be included to the maximum extent practicable
in the annual report required under section 1631 of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 10 U.S.C. 1561 note). The policy
may provide for the exclusion of such information based on
privacy concerns, impacts on accountability efforts, or other
matters of importance as determined and identified in such
policy by the Secretary.
[[Page S8570]]
SEC. 524. DEPARTMENT OF DEFENSE TRACKING OF ALLEGATIONS OF
RETALIATION BY VICTIMS OF SEXUAL ASSAULT OR
SEXUAL HARASSMENT AND RELATED PERSONS.
(a) In General.--Chapter 80 of title 10, United States
Code, is amended by inserting after section 1562 the
following new section:
``Sec. 1562a. Complaints of retaliation by victims of sexual
assault or sexual harassment and related persons: tracking
by Department of Defense
``(a) Designation of Responsible Component.--The Secretary
of Defense shall designate a component of the Office of the
Secretary of Defense to be responsible for documenting and
tracking all covered allegations of retaliation and shall
ensure that the Secretaries concerned and the Inspector
General of the Department of Defense provide to such
component the information required to be documented and
tracked as described in subsection (b).
``(b) Tracking of Allegations.--The head of the component
designated by the Secretary under subsection (a) shall
document and track each covered allegation of retaliation,
including--
``(1) that such an allegation has been reported and by
whom;
``(2) the date of the report;
``(3) the nature of the allegation and the name of the
person or persons alleged to have engaged in such
retaliation;
``(4) the Department of Defense component or other entity
responsible for the investigation of or inquiry into the
allegation;
``(5) the entry of findings;
``(6) referral of such findings to a decisionmaker for
review and action, as appropriate;
``(7) the outcome of final action; and
``(8) any other element of information pertaining to the
allegation determined appropriate by the Secretary or the
head of the component designated by the Secretary.
``(c) Covered Allegation of Retaliation Defined.--In this
section, the term `covered allegation of retaliation' means
an allegation of retaliation--
``(1) made by--
``(A) an alleged victim of sexual assault or sexual
harassment;
``(B) an individual charged with providing services or
support to an alleged victim of sexual assault or sexual
harassment;
``(C) a witness or bystander to an alleged sexual assault
or sexual harassment; or
``(D) any other person associated with an alleged victim of
a sexual assault or sexual harassment; and
``(2) without regard to whether the allegation is reported
to or investigated or inquired into by--
``(A) the Department of Defense Inspector General or any
other inspector general;
``(B) a military criminal investigative organization;
``(C) a commander or other person at the direction of the
commander;
``(D) another military or civilian law enforcement
organization; or
``(E) any other organization, officer, or employee of the
Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 80 of title 10, United States Code, is
amended by inserting after the item relating to section 1562
the following new item:
``1562a. Complaints of retaliation by victims of sexual assault or
sexual harassment and related persons: tracking by
Department of Defense.''.
SEC. 525. SPECIAL VICTIM'S COUNSEL REPRESENTATION OF CIVILIAN
VICTIMS OF SEX-RELATED OFFENSES.
Section 1044e(a)(2) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(D) A civilian who is a victim of an alleged sex-related
offense, if the alleged perpetrator was subject to the
jurisdiction of the Uniform Code of Military Justice at the
time of the offense.''.
SEC. 526. NOTICE TO VICTIMS 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) by striking ``Under regulations'' and inserting
``Notwithstanding section 552a of title 5, United States Code
(commonly referred to as the `Privacy Act' or the `Privacy
Act of 1974') and under regulations'';
(2) by striking ``alleged sexual assault'' and inserting
``an alleged sex-related offense''; and
(3) 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. 527. RECOMMENDATIONS ON SEPARATE PUNITIVE ARTICLE IN THE
UNIFORM CODE OF MILITARY JUSTICE ON VIOLENT
EXTREMISM.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing such recommendations as
the Secretary considers appropriate with respect to the
establishment of a separate punitive article in chapter 47 of
title 10, United States Code (the Uniform Code of Military
Justice), on violent extremism.
SEC. 528. DETERMINATION AND REPORTING OF MISSING, ABSENT
UNKNOWN, ABSENT WITHOUT LEAVE, AND DUTY STATUS-
WHEREABOUTS UNKNOWN SERVICE MEMBERS.
(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 department's policies and procedures for determining and
reporting service members as missing, absent unknown, absent
without leave, or duty status-whereabouts unknown.
(b) Review of Installation-level Procedures.--In addition
to such other requirements as may be set forth by the
Secretary of Defense pursuant to subsection (a), the
Secretary of each military department shall with regard to
the department concerned--
(1) direct each military installation, including any tenant
command or activity present on such installation, to review
its policies and procedures for carrying out the
determination and reporting activities described under
subsection (a); and
(2) update such installation-level policies and procedures,
including any tenant command or activity policies and
procedures, with a view towards force protection, enhanced
security for service members living on the military
installation, and prioritizing reporting at the earliest
practicable time to local law enforcement at all levels, and
Federal law enforcement field offices with overlapping
jurisdiction with that installation, when a service member is
determined to be missing, absent unknown, absent without
leave, or duty status-whereabouts unknown.
(c) Installation-specific Reporting Protocols.--
(1) In general.--The commander of each military
installation shall establish a protocol applicable to all
persons and organizations present on the installation,
including tenant commands and activities, for sharing
information with local and Federal law enforcement agencies
about service members who are missing, absent-unknown, absent
without leave, or duty status-whereabouts unknown. The
protocol shall provide for the an immediate entry regarding
the service member concerned in the Missing Persons File of
the National Crimes Information Center data and for the
commander to immediately notify all local law enforcement
agencies with jurisdictions in the immediate area of the
military installation, when the status of a service member
assigned to such installation has been determined to be
missing, absent unknown, absent without leave, or duty
status-whereabouts unknown.
(2) Reporting to military installation command.--The
commander of each military installation shall submit the
protocol established pursuant to paragraph (1) to the
Secretary of the military department concerned.
SEC. 529. CONDUCT UNBECOMING AN OFFICER.
(a) In General.--Section 933 of title 10, United States
Code (article 133 of the Uniform Code of Military Justice) is
amended--
(1) in the section heading, by striking ``and a
gentleman''; and
(2) by striking ``and a gentleman''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter X of chapter 47 of such title is
amended in the item relating to section 933 (article 133) by
striking ``and a gentleman''.
SEC. 530. ANALYSIS OF THE USE OF NON-JUDICIAL PUNISHMENT.
(a) In General.--The Secretary of Defense shall conduct
statistical analysis of information on punishments imposed
under section 815 of title 10, United States Code (article 15
of the Uniform Code of Military Justice).
(b) Scope.--The information analyzed under subsection (a)
shall include the following:
(1) The race, ethnicity, gender, rank, and grade of--
(A) members of the armed forces punished under section 815
of title 10, United States Code (article 15 of the Uniform
Code of Military Justice);
(B) commanders who imposed such punishment; and
(C) victims of the conduct for which such punishment was
imposed.
(2) For punishments imposed under such section (article),
the Secretary shall--
(A) analyze the offenses under this chapter for which
punishment was imposed; and
(B) analyze investigations conducted before the imposition
of punishment.
SEC. 530A. SEXUAL ASSAULT RESPONSE COORDINATOR MILITARY
OCCUPATIONAL SPECIALTY.
(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 optimal execution of a Sexual Assault Response
Coordinator (SARC) Military Occupational Specialty (MOS).
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A recommendation on the required rank and experience of
a SARC MOS.
(2) Recommendations for strengthening recruitment and
retention of members of the Armed Forces of the required rank
and experience identified under paragraph (1), including--
(A) designating SARC as a secondary MOS instead of a
primary MOS;
(B) providing initial or recurrent bonuses or duty stations
of choice to service members who qualify for the SARC MOS;
(C) limiting the amount of time that a service member who
has qualified for the
[[Page S8571]]
SARC MOS can serve as a SARC in a given period of time; or
(D) requiring evaluations for service members who have
qualified for the SARC MOS and are serving as a SARC to be
completed by an officer of the rank of O-6 or higher.
(3) Recommendations for standardizing training and
education for service members seeking a SARC MOS or serving
as a SARC, including by institutionalizing relevant academies
for each of the services.
(4) An analysis of the impact of a SARC MOS on the talent
management of the existing SARC program, including
recruitment and retention.
(5) An analysis of the requirements for a SARC-specific
chain of command.
(6) A plan to execute a SARC MOS within two years.
(7) Analysis of the cost of a SARC MOS program.
(8) Any other matter the Secretary of Defense considers
relevant for inclusion.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide the congressional defense committees a briefing on
the report required under subsection (a).
SEC. 530B. IMPLEMENTATION OF RECOMMENDATIONS OF THE
INDEPENDENT REVIEW COMMISSION ON SEXUAL ASSAULT
IN THE MILITARY.
(a) IRC Report Defined.--In this section, the term ``IRC
report'' means the 2021 report entitled, ``Hard Truths and
the Duty to Change: Recommendations from the Independent
Review Commission on Sexual Assault in the Military''.
(b) Line of Effort 2.--The Secretary of Defense shall
implement the following recommendations included in Line of
Effort 2: Prevention of section III of the IRC report:
(1) 2.1 Equip all leaders with prevention competencies and
evaluate their performance.
(A) 2.1 a The Under Secretary of Defense for Personnel and
Readiness (USD(P&R)) should define the competencies leaders
must have to oversee prevention.
(B) 2.1 b The Services and the National Guard Bureau (NGB)
should develop and hold leaders appropriately accountable for
prevention.
(C) 2.1 c The Services and the NGB should equip all leaders
to develop and deliver informed prevention messages in formal
and informal settings.
(2) 2.2 Establish a dedicated primary prevention workforce
(A) 2.2 a USD(P&R) should develop a model for a dedicated
and capable prevention workforce.
(B) 2.2 b USD(P&R) should develop a professional credential
for the prevention workforce.
(C) 2.2 c The Services should determine the optimum full-
time prevention workforce, and equip all echelons of active
duty, reserve, and guard organizations.
(3) 2.3 Implement community-level prevention strategies
unique to Service members' environments.
(A) 2.3 a The Services and the NGB should resource and
implement prevention strategies at organizational and
community levels.
(B) 2.3 b USD(P&R) should identify a non-clinical OSD-level
Office of Primary Responsibility for alcohol policy and
develop relevant policy guidance and oversight.
(4) 2.4 Modernize prevention education and skill-building
to reflect today's generation of Service members.
(5) 2.5 Identify and actively support Service members with
the most effective prevention interventions.
(A) 2.5 a The Services and the NGB should institute a pilot
program to link Service members with resources and support.
(B) 2.5 b The Services and the NGB should employ virtual
platforms to provide support to all Service members.
(6) 2.6 Create a state-of-the-art DoD prevention research
capability.
(A) 2.6 a DoD should establish a dedicated research center
for the primary prevention of interpersonal and self-directed
violence.
(B) 2.6 b USD(P&R), the Services, and the NGB should
continually review and update all policies that unnecessarily
restrict data collection on important populations of Service
members.
(C) 2.6 c The Secretary of Defense should immediately
authorize operational testing of the Air Force Compatibility
Assessment with a cross-Service pre-accession sample,
allowing for important research and intervention development.
(D) 2.6 d The USD(P&R) should commission research on gender
and masculinities to develop effective social marketing
strategies to facilitate primary prevention efforts.
(7) 2.7 Establish a comprehensive National Guard primary
prevention strategy.
(A) 2.7 a The NGB should develop Army National and Air
National Guard prevention strategies aligned with DoD's
Prevention Plan of Action, based on the National Guard's
unique construct and missions.
(B) 2.7 b USD(P&R) should submit a legislative proposal
providing authorization and funding for the NGB to conduct
recurring National Guard unit inspections and staff
assistance visits for prevention oversight and assistance.
(8) 2.8 USD(P&R) should update the Department's prevention
strategy, including the DoD Prevention Plan of Action, to
incorporate approved IRC recommendations.
(c) Line of Effort 3.--The Secretary of Defense shall
implement the following recommendations included in Line of
Effort 3: Climate and Culture of section III of the IRC
report:
(1) 3.1 USD(P&R) should codify in policy and direct the
development and implementation of metrics related to sexual
harassment and sexual assault as part of readiness tracking
and reporting.
(2) 3.2 USD(P&R) should direct the Services to educate the
force about sexual harassment and sexual assault within the
context of the Services' core values.
(3) 3.3 DoD must execute on the principle that addressing
sexual harassment and sexual assault in the 21st century
requires engaging with the cyber domain.
(A) 3.3 a Collect data to measure the problem of
cyberharassment (and related harms).
(B) 3.3 b Educate leaders on cyberharassment and
technology-facilitated sexual harassment and sexual assault.
(C) 3.3 c Hold Service members appropriately accountable
who engage in cyberharassment and other forms of technology-
facilitated sexual harassment and sexual assault.
(4) 3.4 DoD should ensure that there is an internal focus
on preventing sexual harm and gender-based violence across
the force in implementing the 2017 National Women, Peace, and
Security (WPS) Act.
(A) 3.4 a Elevate and standardize the gender advisor
workforce.
(B) 3.4 b Use qualitative data as part of indicators for
Defense Objective One of the WPS Strategic Framework.
(C) 3.4 c Integrate a gender analysis into the military's
planning & operational frameworks.
(D) 3.4 d Review and revise Professional Military Education
(PME) and DoD schoolhouse curricula to mainstream WPS
priorities.
(E) 3.4 e Congress should support DoD's inclusion of
Personnel & Readiness in WPS implementation and codify in
legislation.
(5) 3.5 Use qualitative data to select, develop, and
evaluate the right leaders for command positions.
(A) 3.5 a Use qualitative data to select and develop the
right leaders.
(B) 3.5 b Include a meaningful narrative section in
performance evaluations for officers and NCOs.
(6) 3.6 Building a climate for the reduction of sexual
harassment and sexual assault as a fundamental leader
development requirement.
(7) 3.7 USD(P&R) should undertake a series of enhancements
to the climate survey process to ensure that timely,
actionable data can be used to improve unit climate on sexual
harassment and assault.
(A) 3.7 a USD(P&R) should develop a standardized ``pulse
survey'' tool that would enable unit-level commanders to
collect real-time climate data on sexual harassment and
sexual assault from Service members in their units between
required administrations of the Defense Organizational
Climate Survey (DEOCS).
(B) 3.7 b The Secretary of Defense should direct the
Services to develop a formal system to share climate survey
data at the unit level and initiate and evaluate corrective
action plans.
(C) 3.7 c USD(P&R) should accelerate efforts to develop a
validated ``Climate Benchmark'' to measure healthy and
unhealthy climate at the unit level.
(D) 3.7 d The Secretary of Defense should assess whether
current DoD policies, relevant components, and the Service-
level Equal Opportunity workforce have the capacity to help
commanders resolve climate issues.
(8) 3.8 The Services should publish the nature and results
of all disciplinary actions related to sexual misconduct and
disseminate this information to troops periodically.
(d) Line of Effort 4.--The Secretary of Defense shall
implement the following recommendations included in Line of
Effort 4: Victim Care and Support of section III of the IRC
report:
(1) 4.1 Optimize the victim care and support workforce.
(A) 4.1 a Move SARCs and SAPR VAs from the command
reporting structure.
(B) 4.1 b Eliminate collateral duty for SARCs and SAPR VAs,
with exceptions for ships, submarines, and isolated
installations.
(C) 4.1 c Explore the co-location of SAPR and SHARP with
other special victim services, such as FAP, to improve
coordination, collaboration, and consistency in victim
support.
(D) 4.1 d Train Independent Duty Corpsmen to be Sexual
Assault Medical Forensic Examiners so patient care and
evidence collection can be provided in deployed and isolated
environments.
(2) 4.2 Expand victim service options to meet the needs of
all survivors of sexual assault and sexual harassment.
(A) 4.2 a Increase access to and visibility of civilian
community-based care.
(B) 4.2 b Authorize Service members to access the full
spectrum of VA services for conditions related to military
sexual assault and sexual harassment confidentially, and
without a referral.
(C) 4.2 c Expand access to CATCH to include victims of
sexual harassment and enable Service members to self-service
access to CATCH.
(D) 4.2 d Create survivor-led peer support programs that
allow for in-person, virtual, and telephone interaction.
(E) 4.2 e Amplify victims' rights and services in the post-
trial period.
(3) 4.3 Center the survivor to facilitate healing and
restoration.
[[Page S8572]]
(A) 4.3 a Implement the No Wrong Door approach to sexual
harassment, sexual assault, and domestic abuse across the
Services and NGB.
(B) 4.3 b Institute a ``Commander's Package'' from the SAPR
VA with recommendations for victim care and support.
(C) 4.3 c Allow survivors flexibility to take non-
chargeable time off for seeking services or time for recovery
from sexual assault.
(D) 4.3 d Increase victim agency and control of the
response process by: maximizing adherence to survivor
preference on reporting status, and centering survivor
preferences in expedited transfers.
(E) 4.3 e Study the methods our allies have used to make
amends to survivors, including restorative engagement to
acknowledge harm, and potential victim compensation.
(4) 4.4 Re-envision training and research to improve victim
care and support.
(A) 4.4 a Establish a Defense Sexual Assault and Sexual
Harassment Center of Excellence that administers a core
curriculum of trauma and response trainings for all SAPR VAs
and SARCs, chaplains, and other response personnel.
(B) 4.4 b Develop training to build the capacity of SARCs
and SAPR VAs to provide culturally competent care to Service
members from communities of color, LGBTQ+ Service members,
religious minorities, and men.
(C) 4.4 c Revise and update training modules on appropriate
response to sexual assault and sexual harassment in PME for
officers and NCOs.
(D) 4.4 d Use an action research model to identify root
problems, test interventions, and create best practices with
survivors' input.
Subtitle D--Military Justice Reform and Sexual Assault Prevention
PART I--MILITARY JUSTICE MATTERS
SEC. 531. 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:
``Sec. 824a. Art 24a. Special victim prosecutors
``(a) Detail of Special Victim Prosecutors and Assistant
Special Victim Prosecutors.--Each Secretary concerned shall
detail commissioned officers to serve as special victim
prosecutors and assistant special victim prosecutors.
``(b) Qualifications.--A special victim prosecutor or
assistant special victim prosecutor shall be a commissioned
officer who--
``(1) is a member of the bar of a Federal court or a member
of the bar of the highest court of a State; and
``(2) is certified to be qualified, by reason of education,
training, experience, and temperament, for duty as a special
victim prosecutor or assistant special victim prosecutor by
the Judge Advocate General of the armed force of which the
officer is a member.
``(c) Duties and Authorities.--
``(1) In general.--Special victim prosecutors and assistant
special victim prosecutors shall carry out the duties
described in this chapter (the Uniform Code of Military
Justice) and any other duties prescribed by the Secretary of
Defense, in consultation with the Secretary of Homeland
Security (with respect to the Coast Guard when it is not
operating as a service in the Navy), by regulation.
``(2) Determination of special victim offense; related
charges.--
``(A) Authority.--A special victim prosecutor shall have
exclusive authority to determine if a reported offense is a
special victim offense and shall exercise authority over any
such offense in accordance with this chapter (the Uniform
Code of Military Justice).
``(B) Related offenses.--If a special victim prosecutor
determines that a reported offense is a special victim
offense, the special victim prosecutor may also exercise
authority over any offense that the special victim prosecutor
determines to be related to the special victim offense and
any other offense alleged to have been committed by a person
alleged to have committed the special victim offense.
``(3) Dismissal; referral; plea bargains.--Subject to
paragraph (4), 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 (the
Uniform Code of Military Justice)--
``(A) on behalf of the Government, dismiss the charges and
specifications or make a motion to dismiss the charges and
specifications;
``(B) refer the charges and specifications for trial by a
special or general court-martial;
``(C) enter into a plea agreement; and
``(D) determine if an ordered rehearing is impracticable.
``(4) Deferral to convening authority.--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 (the Uniform Code
of Military Justice) with respect to such offense, except
that the convening authority may not refer charges and
specifications for a special victim offense for trial by
special or general court-martial.''.
(b) Table of Sections Amendment.--The table of sections at
the beginning of subchapter V of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by inserting after the item relating to section 824
(article 24) the following new item:
``824a. Art 24a. Special victim prosecutors.''.
SEC. 532. POLICIES WITH RESPECT TO SPECIAL VICTIM
PROSECUTORS.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1044e the
following new section:
``Sec. 1044f. Policies with respect to 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. The policies shall include the
following:
``(1) Provide for the establishment of a dedicated office
in the Secretariat of each military department from which
office the activities of the special victim prosecutors of
the military services concerned shall be supervised and
overseen.
``(2) Direct each Secretary of a military department to
appoint one lead special victim prosecutor for each military
service under the authority, direction, and control of the
Secretary concerned, which lead special prosecutor shall be a
judge advocate of that service in a grade no lower than O-6,
with significant experience in military justice, who shall be
responsible for the overall supervision and oversight of the
activities of the special victim prosecutors of that service.
``(3) Direct each Secretary of a military department to
designate one of the lead special victim prosecutors
appointed pursuant to paragraph (2) to lead the office
required to be established pursuant to paragraph (1).
``(4) Ensure that the office created pursuant to paragraph
(1), the lead special victim prosecutors and other personnel
assigned or detailed to the office, and the special victim
prosecutors of the military services concerned--
``(A) are independent of the military chains of command of
both the victims and those accused of special victim offenses
and any other offenses over which a special victim prosecutor
at any time exercises authority in accordance with section
824a of this title (article 24a of the Uniform Code of
Military Justice); and
``(B) conduct assigned activities free from unlawful or
unauthorized influence or coercion.
``(5) Provide that special victim prosecutors and assistant
special victim prosecutors shall be well-trained,
experienced, highly skilled, and competent in handling
special victim cases.
``(6) Provide that commanders of the victim and the accused
in a special victim case shall have the opportunity to
provide their candid input to the special victim prosecutor
regarding case disposition, but that the input is not binding
on the special victim prosecutor.
``(b) Uniformity.--The Secretary of Defense shall ensure
that any lack of uniformity in the implementation of
policies, mechanisms, and procedures established under
subsection (a) does not render unconstitutional any such
policy, mechanism, or procedure.
``(c) Report.--Not later than 270 days after the date of
the enactment of this section, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report setting forth the policies proposed
to be established pursuant to subsection (a) and the expected
roadmap and milestones for the implementation of such
policies and the mechanisms and procedures to which they
apply.
``(d) Quarterly Briefing.--Not later than January 1, 2023,
and at the beginning of each fiscal quarter thereafter until
the policies established pursuant to subsection (a) and the
mechanisms and procedures to which they apply are fully
implemented and operational, the Secretary of Defense and the
Secretaries of the military departments shall jointly provide
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
briefing detailing the actions taken and progress made by the
Office of the Secretary of Defense and each of the military
departments in meeting the milestones established as required
by subsection (a).''.
(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. Department of Defense policies with respect to special victim
prosecutors.''.
SEC. 533. DEFINITION 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:
[[Page S8573]]
``(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 of
the Uniform Code of Military Justice).''; and
(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
920 (article 120), section 920b (article 120b), section 920c
(article 120c), section 928b (article 128b), section 930
(article 130), section 932 (article 132), the standalone
offense of sexual harassment punishable under section 934
(article 134), or the standalone offense of child pornography
punishable under section 934 (article 134) of this chapter
(the Uniform Code of Military Justice);
``(B) a conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of this
title (article 81);
``(C) a solicitation to commit an offense specified in
subparagraph (A) as punishable under section 882 of this
title (article 82); or
``(D) an attempt to commit an offense specified in
subparagraph (A), (B), or (C) as punishable under section 880
of this title (article 80).
``(17) The term `special victim prosecutor' means a judge
advocate detailed as a special victim prosecutor in
accordance with section 824a of this title (article 24a of
the Uniform Code of Military Justice).''.
SEC. 534. 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 ``(a) In General.--Any person'';
(2) in subsection (a), as designated by paragraph (1) of
this subsection, 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 (article), the terms
`dating partner', `immediate family', and `intimate partner'
have the meaning given such terms in section 930 of this
title (article 130 of the Uniform Code of Military
Justice).''.
(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''; and
(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 based on a consideration of--
``(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. 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 (the Uniform Code of Military
Justice).''.
(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'';
(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 (the Uniform Code of Military
Justice).''.
SEC. 536. INCLUSION OF SEXUAL HARASSMENT AS GENERAL PUNITIVE
ARTICLE.
(a) Amendment to Manual for Courts-Martial.--Not later than
30 days after the date of the enactment of this Act, the
President shall amend Part IV of the Manual for Courts-
Martial to include sexual harassment as a standalone offense
punishable under section 934 of title 10, United States Code
(article 134 of the Uniform Code of Military Justice).
(b) Elements of Offense.--The amendment to Part IV of the
Manual for Courts-Martial required under subsection (a) shall
include the following in the proper place and form:
(1) Elements.--The required elements constituting the
offense of sexual harassment are as follows:
(A) That the accused knowingly made sexual advances,
demands, or requests for sexual favors, or engaged in other
conduct of a sexual nature.
(B) That such conduct was unwelcome.
(C) That under the circumstances, such conduct--
(i) would cause a reasonable person to, believe, and a
certain person does believe that submission to such conduct
would be made, either explicitly or implicitly, a term or
condition of a person's job, pay, career, benefits, or
entitlements;
(ii) would cause a reasonable person to believe, and a
certain person does believe that submission to, or rejection
of, such conduct would be used as a basis for career or
employment decisions affecting that person; or
(iii) was so severe, repetitive, or pervasive, that a
reasonable person would perceive, and a certain person does
perceive, an intimidating, hostile, or offensive duty or
working environment.
(D) That under the circumstances, the conduct of the
accused was either--
(i) to the prejudice of good order and discipline in the
Armed Forces;
(ii) of a nature to bring discredit upon the Armed Forces;
or
(iii) to the prejudice of good order and discipline in the
Armed Forces and of a nature to bring discredit on the Armed
Forces.
(2) Scope of conduct considered sexual in nature.--Whether
other conduct is ``of a sexual nature'' shall be dependent
upon the circumstances of the act or acts alleged and may
include conduct that, without context, would not appear to be
sexual in nature.
(3) Nature of victim.--For purposes of paragraph (1)(C), a
``certain person'' extends to any person, regardless of
gender or seniority, or whether subject to the Uniform Code
of Military Justice, who by some duty or military-related
reason may work or associate with the accused.
(4) Timing and location of act.--The act constituting
sexual harassment can occur at any location, regardless of
whether the victim or accused is on or off duty at the time
of the alleged act or acts. Physical proximity is not
required, and the acts may be committed through online or
other electronic means.
(5) Mens rea.--The accused must have actual knowledge that
the accused is making sexual advances, demands or requests
for sexual favors, or engaging in other conduct of a sexual
nature. Actual knowledge is not required for the other
elements of the offense.
SEC. 537. DETERMINATIONS OF IMPRACTICABILITY OF REHEARING.
(a) Transmittal and Review of Records.--Section
865(e)(3)(B) of title 10, United States Code (article
65(e)(3)(B) of the Uniform Code of Military Justice), is
amended--
(1) by striking ``impractical.--If the Judge Advocate
General'' and inserting the following: ``impracticable.--''
``(i) In general.--Subject to clause (ii), if the Judge
Advocate General'';
(2) by striking ``impractical'' and inserting
``impracticable''; and
(3) by adding at the end the following new clause:
``(ii) Cases referred by special 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.''.
(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, Untied States Code (article 69(c)(1)(D) of the
Uniform Code of Military Justice), is amended--
(1) by striking ``If the Judge Advocate General'' and
inserting ``(i) Subject to clause (ii), if the Judge Advocate
General'';
(2) by striking ``impractical'' and inserting
``impracticable''; and
(3) by adding at the end the following new clause:
``(ii) If a case was referred to trial by a special 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.''.
SEC. 538. PLEA AGREEMENTS.
(a) Authority To Enter Into Agreements.--Subsection (a) of
section 853a of
[[Page S8574]]
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 of (a)(3))''.
SEC. 539. OPPORTUNITY TO OBTAIN WITNESS AND OTHER EVIDENCE IN
TRIALS BY COURT-MARTIAL.
Subsection 846(d)(2) of title 10, United States Code
(article 46(d)(2) of the Uniform Code of Military Justice),
is amended--
(1) by striking ``only if a general court-martial'' and
inserting the following: ``only if--
``(A) a general court-martial;'';
(2) in subparagraph (A), as designated by paragraph (1) of
this section, by striking ``a subpoena or a military judge''
and inserting the following: ``a subpoena;
``(B) a military judge'';
(3) In subparagraph (B), as designated by paragraph (2), by
striking the period at the end and inserting a semicolon; and
(4) by adding at the end the following new subparagraphs:
``(C) a special victim prosecutor issues such a subpoena;
or
``(D) the military counsel detailed to defend an individual
suspected or accused of an offense over which a special
victim prosecutor exercises authority in accordance with
section 824a of this title (article 824a of the Uniform Code
of Military Justice) issues such a subpoena.''.
SEC. 540. FORMER JEOPARDY.
Section 844(c) of title 10, United States Code (article
44(c) of the Uniform Code of Military Justice), is amended--
(1) in paragraph (1) in the matter following subparagraph
(B), by inserting ``or the special victim prosecutor'' after
``the convening authority''; and
(2) in paragraph (2) in the matter following subparagraph
(B), by inserting ``or the special victim prosecutor'' after
``the convening authority''.
SEC. 541. 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)--
(A) by striking ``Before referral'' and inserting ``Subject
to subsection (c), before referral'';
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) there is sufficient admissible evidence to obtain and
sustain a conviction on the charged offense.''.
(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, subject to a special
victim prosecutor's written determination accompanying the
referral that--
``(A) each specification under a charge alleges an offense
under this chapter;
``(B) there is probable cause to believe that the accused
committed the offense charged; and
``(C) there is sufficient admissible evidence to obtain and
sustain a conviction on the charged offense; or
``(2) in the case of charges and specifications that do not
allege a special victim offense and as to which a special
victim prosecutor declines to prefer or, in the case of
charges and specifications preferred by a person other than a
special victim prosecutor, refer charges, by the convening
authority in accordance with this section.''; 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 824a of the Uniform Code of Military Justice),
a special victim prosecutor,'' after ``convening authority''.
SEC. 542. PRELIMINARY HEARING.
(a) Detail of Hearing Officer; Waiver.--Subsection (a)(1)
of section 832 of title 10, United States Code (article 32 of
the Uniform Code of Military Justice), is amended--
(1) in subparagraph (A), by striking ``hearing officer''
and all that follows through the period at the end and
inserting ``hearing officer detailed in accordance with
subparagraph (C).'';
(2) in subparagraph (B), by striking ``written waiver'' and
all that follows through the period at the end and inserting
the following: ``written waiver to--
``(i) except as provided in clause (ii), the convening
authority and the convening authority determines that a
hearing is not required; and
``(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 of
the Uniform Code of Military Justice), the special victim
prosecutor and the special victim prosecutor determines that
a hearing is not required.''; and
(3) by adding at the end the following new subparagraph:
``(C)(i) Except as provided in clause (ii), the convening
authority shall detail a hearing officer.
``(ii) If a special 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. 543. 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)(1) For each general and special court-martial for
which charges and specifications were referred by a special
victim prosecutor--
``(A) a special victim prosecutor or an assistant special
victim prosecutor shall be detailed as trial counsel;
``(B) a special victim prosecutor may detail a special
victim prosecutor or an assistant special victim prosecutor
as an assistant trial counsel; and
``(C) 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.
``(2) Details of counsel under this subsection shall be
made in accordance with regulations prescribed by the
President.''.
SEC. 544. SENTENCING REFORM.
(a) Article 53; Findings and Sentencing.--Section 853 of
title 10, United States Code (article 53 of the Uniform Code
of Military Justice), is amended--
(1) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) General and special courts-martial.--Except as
provided in subsection (c) for capital offenses, if the
accused is convicted of an offense in a trial by general or
special court-martial, the military judge shall sentence the
accused. The sentence determined by the military judge
constitutes the sentence of the court-martial.''; and
(2) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--In a capital case, if the accused is
convicted of an offense for which the court-martial may
sentence the accused to death--
``(A) 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 538 of this Act, is
further amended--
(1) by redesignating subsections (b), (c), and (d), as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Acceptance of Plea Agreement.--Subject to subsection
(c), the military judge of a general or special court-martial
shall accept a plea agreement submitted by the parties,
except that--
``(1) in the case of an offense with a sentencing parameter
set forth in regulations prescribed by the President pursuant
to section 544(e) of the National Defense Authorization Act
for Fiscal Year 2022, the military judge may reject a plea
agreement that proposes a sentence that is outside the
sentencing parameter if the military judge determines that
the proposed sentence is plainly unreasonable; and
``(2) in the case of an offense for which the President has
not established a sentencing
[[Page S8575]]
parameter pursuant to section 544(e) of the National Defense
Authorization Act for Fiscal Year 2022, the military judge
may reject a plea agreement that proposes a sentence if the
military judge determines that the proposed sentence is
plainly unreasonable.''.
(c) Article 56; Sentencing.--Section 856 of title 10,
United States Code (article 56 of the Uniform Code of
Military Justice), is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (C)(vii), by striking ``and'' at the
end;
(ii) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(E) the applicable sentencing parameters or sentencing
criteria set forth in regulations prescribed by the President
pursuant to section 544(e) of the National Defense
Authorization Act for Fiscal Year 2022.''; and
(B) by striking paragraphs (2) through (4) and inserting
the following new paragraphs:
``(2) Application of sentencing parameters in general and
special courts-martial.--
``(A) Requirement to sentence within parameters.--Except as
provided in subparagraph (B), in a general or special court-
martial in which the accused is convicted of an offense for
which the President has established a sentencing parameter
pursuant to section 544(e) of the National Defense
Authorization Act for Fiscal Year 2022, the military judge
shall sentence the accused for that offense within the
applicable parameter.
``(B) Exception.--The military judge may impose a sentence
outside a sentencing parameter upon finding specific facts
that warrant such a sentence. If the military judge imposes a
sentence outside a sentencing parameter under this
subparagraph, the military judge shall include in the record
a written statement of the factual basis for the sentence.
``(3) Use of sentencing criteria in general and special
courts-martial.--In a general or special court-martial in
which the accused is convicted of an offense for which the
President has established sentencing criteria pursuant to
section 544(e) of the National Defense Authorization Act for
Fiscal Year 2022, the military judge shall consider the
applicable sentencing criteria in determining the sentence
for that offense.
``(4) Offense-based sentencing in general and special
courts-martial.--In announcing the sentence under section 853
of this title (article 53) in a general or special court-
martial, the military judge shall, with respect to each
offense of which the accused is found guilty, specify the
term of confinement, if any, and the amount of the fine, if
any. If the accused is sentenced to confinement for more than
one offense, the military judge shall specify whether the
terms of confinement are to run consecutively or
concurrently.
``(5) Inapplicability to death penalty.--Sentencing
parameters and sentencing criteria shall not apply to a
determination of whether an offense should be punished by
death.
``(6) Sentence of confinement for life without eligibility
for parole.--
``(A) In general.--If an offense is subject to a sentence
of confinement for life, a court-martial may impose a
sentence of confinement for life without eligibility for
parole.
``(B) Term of confinement.--An accused who is sentenced to
confinement for life without eligibility for parole shall be
confined for the remainder of the accused's life unless--
``(i) the sentence is set aside or otherwise modified as a
result of--
``(I) action taken by the convening authority or the
Secretary concerned; or
``(II) any other action taken during post-trial procedure
or review under any other provision of subchapter IX of this
chapter (the Uniform Code of Military Justice);
``(ii) the sentence is set aside or otherwise modified as a
result of action taken by a court of competent jurisdiction;
or
``(iii) the accused receives a pardon or another form of
Executive clemency.''; and
(4) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) in the case of a sentence for an offense 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), as amended by section 537 of this Act,
is further amended--
(1) in subsection (d)(1)(A), by striking the third
sentence; and
(2) by amending subsection (e) to read as follows:
``(e) Consideration of Sentence.--
``(1) In general.--In considering a sentence on appeal,
other than as provided in section 856(e) of this title
(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 the
President has not established a sentencing parameter pursuant
to section 544(e) of the National Defense Authorization Act
for Fiscal Year 2022; or
``(ii) in the case of an offense for which the President
has established a sentencing parameter pursuant to section
544(e) of the National Defense Authorization Act for Fiscal
Year 2022, if the sentence is above the upper range of such
sentencing parameter;
``(C) in the case of a sentence for an offense for which
the President has established a sentencing parameter pursuant
to section 544(e) of the National Defense Authorization Act
for Fiscal Year 2022, whether the sentence is a result of an
incorrect application of the parameter;
``(D) whether the sentence is plainly unreasonable; and
``(E) 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(d) of this title (article
53(d)), 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 title (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) Establishment of Sentencing Parameters and Sentencing
Criteria.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the President shall prescribe
regulations establishing sentencing parameters and sentencing
criteria related to offenses under chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), in
accordance with this subsection. Such parameters and
criteria--
(A) shall cover sentences of confinement; and
(B) 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 5 and no more than 12 offense
categories;
(C) assign such offense under this chapter to an offense
category unless the offense is identified as unsuitable for
sentencing parameters under paragraph (4)(F)(ii); and
(D) delineate the confinement range for each offense
category by setting an upper confinement limit and a lower
confinement limit.
(3) Sentencing criteria.--Sentencing criteria established
under paragraph (1) shall identify offense-specific factors
the military judge should consider and any collateral effects
of available punishments that may aid the military judge in
determining an appropriate sentence when there is no
applicable sentencing parameter for a specific offense.
(4) 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 5 voting members,
as follows:
(i) The 4 chief trial judges designated under section
826(g) of title 10, United States Code (article 26(g) of the
Uniform Code of Military Justice), except that, if the chief
trial judge of the Coast Guard is not available, the Judge
Advocate General of the Coast Guard may designate as a voting
member a judge advocate of the Coast Guard with substantial
military justice experience.
(ii) A trial judge of the Navy, designated under
regulations prescribed by the President, if the chief trial
judges designated under section 826(g) of title 10, United
States Code (article 26(g) of the Uniform Code of Military
Justice), do not include a trial judge of the Navy.
(iii) A trial judge of the Marine Corps, designated under
regulations prescribed by the President, if the chief trial
judges designated under section 826(g) of title 10, United
States Code (article 26(g) of the Uniform Code of Military
Justice), do not include a trial judge of the Marine Corps.
(C) Nonvoting members.--The Chief Judge of the Court of
Appeals for the Armed Forces, the Chairman of the Joint
Chiefs of Staff, and the General Counsel of the Department of
Defense shall each designate one nonvoting member of the
Board. The Secretary of Defense may appoint one additional
nonvoting member of the Board at the Secretary's discretion.
[[Page S8576]]
(D) Chair and vice-chair.--The Secretary of Defense shall
designate one voting member as chair of the Board and one
voting member as vice-chair.
(E) Voting requirement.--An affirmative vote of at least
three members is required for any action of the Board under
this subsection.
(F) Duties of board.--The Board shall have the following
duties:
(i) As directed by the Secretary of Defense, the Board
shall submit to the President for approval--
(I) sentencing parameters for all offenses under chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice), (other than offenses that the Board identifies as
unsuitable for sentencing parameters in accordance with
clause (ii)); and
(II) sentencing criteria to be used by military judges in
determining appropriate sentences for offenses that are
identified as unsuitable for sentencing parameters in
accordance with clause (ii).
(ii) Identify each offense under chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice),
that is unsuitable for sentencing parameters. The Board shall
identify an offense as unsuitable for sentencing parameters
if--
(I) the nature of the offense is indeterminate and
unsuitable for categorization; and
(II) there is no similar criminal offense under the laws of
the United States or the laws of the District of Columbia.
(iii) In developing sentencing parameters and criteria, the
Board shall consider the sentencing data collected by the
Military Justice Review Panel pursuant to section 946(f)(2)
of title 10, United States Code (article 146(f)(2) of the
Uniform Code of Military Justice).
(iv) In addition to establishing parameters for sentences
of confinement under clause (i)(I), the Board shall consider
the appropriateness of establishing sentencing parameters for
punitive discharges, fines, reductions, forfeitures, and
other lesser punishments authorized under chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice).
(v) The Board shall regularly--
(I) 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
may establish separate advisory groups consisting of
individuals with current or recent experience in command and
in senior enlisted positions, individuals with experience in
the trial of courts-martial, and such other groups as the
Board deems appropriate.
(viii) 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.
SEC. 545. UNIFORM, DOCUMENT-BASED DATA SYSTEM.
(a) In General.--The Secretary of Defense shall--
(1) establish a single mechanism and process into and
through which records, data, and information shall be
collected, tracked, and maintained regarding the reporting,
investigation, processing, adjudication, and final
disposition of all offenses under the Uniform Code of
Military Justice arising in any component of the Department
of Defense;
(2) prescribe uniform data points, definitions, standards,
and criteria applicable to all components of the Department
of Defense, for the entry of records, data, and information
in and through the single mechanism and process required by
paragraph (1);
(3) ensure the security of the single mechanism and process
and the records, data, and information maintained therein,
with a particular emphasis on the security of classified
information, personally identifiable information, protected
health information, information that is subject to a judicial
protective order or that has been placed under seal by
appropriate authority, and other information of a sensitive
nature, as determined by the Secretary;
(4) authorize access to the single mechanism and process
and the records, data, and information maintained therein to
appropriately cleared personnel of a component of the
Department of Defense and such other persons as the Secretary
of Defense may determine, each of whom shall have a
demonstrated need for such access derived from the official
business of the Department of Defense;
(5) maintain indefinitely all records, data, and
information collected in and through the single mechanism and
process; and
(6) analyze the records, data, and information maintained
in and through the single mechanism and process--
(A) to promote the effective management and timeliness of
the investigation, processing, adjudication, and disposition
of offenses under chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice);
(B) to ascertain the effects of the changes in law and
policy required under this part and the amendments made by
this part on the prevention of and response to offenses over
which a special victim prosecutor at any time exercises
authority in accordance with section 824a of this title
(article 24a of the Uniform Code of Military Justice);
(C) to inform and improve the policies, processes,
reporting, and decision-making of the Department of Defense;
(D) to enhance the quality of periodic reviews required by
law, including under section 946 of this title (article 146
of the Uniform Code of Military Justice);
(E) to enhance the quality of reports and briefings to
Congress and the Committee on Armed Forces of the Senate and
the Committee on Armed Forces of the House of
Representatives, including those required by section 532 of
the National Defense Authorization Act for Fiscal year 2007
(Public Law 109-364); section 1361 of the National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383),
as amended by section 575 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239),
section 542 of the National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291), sections 543 and 544
of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328), sections 537 and 538 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91), and section 537 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283);
section 574 of the National Defense Authorization Act for
Fiscal Year 2017 (Public law 114-328); and section 539C of
the National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283); and
(F) for such other purposes as the Secretary of Defense may
prescribe.
(b) Information Included.--The records, data, and
information collected, tracked, and maintained in the single
mechanism and process required under subsection (a) shall
include--
(1) the data points and uniform definitions set forth in
memoranda of the General Counsel of the Department of Defense
entitled ``Uniform Standards and Criteria Required by Article
140a, Uniform Code of Military Justice'', dated December 17,
2018, and ``Recording Court-Martial Demographic
Information'', dated June 3, 2020, and the Appendices
thereto, expanded to include--
(A) the progress of an offense under the Uniform Code of
Military Justice through each stage of the investigative
process, including a summary of the initial complaint giving
rise to an inquiry or investigation by a military law
enforcement, security, or intelligence organization or
military criminal investigative organization, a description
of how the complaint became known to such organization, and
any referral to or from civilian law enforcement or
investigative authorities;
(B) demographic data pertaining to each victim and accused,
including age, race, ethnicity, sex, and rank, as applicable,
together with the nature of the relationship, if any, between
a victim and an accused;
(C) any action taken relative to a service member suspected
or accused of an offense under the Uniform Code of Military
Justice through each stage of such action from initiation to
final disposition, and appeal, if any, including--
(i) a decision to take no action;
(ii) trial by court-martial or other judicial process;
(iii) non-judicial punishment under section 815 of title
10, United States Code (article 15 of the Uniform Code of
Military Justice); and
(iv) adverse or corrective administrative action; and
(D) the age, race, ethnicity, sex, and rank, as applicable,
of any person who took an action documented pursuant to
subparagraph (C);
(2) the date on which each key action or decision relative
to the offense occurred or was made;
(3) a true copy of each source document or record relating
to the reporting, investigation, processing, adjudication,
and disposition of each offense; and
(4) any other record, data, or information as prescribed by
the Secretary of Defense.
(c) Deadline.--The single mechanism and process required
under subsection (a) shall be fully operational by the
effective date specified in section 552 and will be used to
collect, track, and maintain records, data, and information
about the reporting, investigation, processing, adjudication,
and final disposition of each offense under the Uniform Code
of Military Justice that occurs after that date.
(d) Definitions.--In this section:
(1) Single mechanism and process.--
(A) In general.--The term ``single mechanism and process''
is defined as a database, tracking system, or other mechanism
and process established by the Secretary of Defense, in which
records, data, and information relative to an offense under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice) arising in any component of the
Department of Defense are consolidated.
[[Page S8577]]
(B) Rule of construction.--Nothing in this section shall be
construed to prohibit a component of the Department of
Defense from creating and maintaining a separate mechanism or
process for purposes similar to those described under
subparagraph (A), provided that all requisite records, data,
and information are primarily collected and tracked in the
``single mechanism and process'' required.
(2) Race and ethnicity.--For purposes of ensuring the
collection of uniform data points concerning race and
ethnicity, the terms ``race'' and ``ethnicity'' shall have
the meanings established for the terms by the Office of
Management and Budget Statistical Policy Directive No. 15,
Race and Ethnic Standards for Federal Statistics and
Administrative Reporting, or any successor Office of
Management and Budget directive.
SEC. 546. PRIMARY PREVENTION WORKFORCE.
(a) Establishment.--The Secretary of Defense shall
establish a Primary Prevention Workforce to provide a
comprehensive and integrated program across the Department of
Defense enterprise for the primary prevention of
interpersonal and self-directed violence, including sexual
assault, sexual harassment, domestic violence, child abuse
and maltreatment, problematic juvenile sexual behavior,
suicide, workplace violence, and substance misuse.
(b) Primary Prevention Workforce Model.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report setting forth a holistic model for a
dedicated and capable Primary Prevention Workforce in the
Department of Defense.
(2) Elements.--The model required under paragraph (1) shall
include the following elements:
(A) A description of Primary Prevention Workforce roles,
responsibilities, and capabilities, including--
(i) the conduct of research and analysis;
(ii) advising all levels of military commanders and
leaders;
(iii) designing and writing strategic and operational
primary prevention policies and programs;
(iv) integrating and analyzing data; and
(v) implementing, evaluating, and adapting primary
prevention programs and activities.
(B) The design and structure of the Primary Prevention
Workforce, including--
(i) consideration of military, civilian, and hybrid
manpower options;
(ii) the comprehensive integration of the workforce from
strategic to tactical levels of the Department of Defense and
its components; and
(iii) mechanisms for individuals in workforce roles to
report to and align with installation-level and headquarters
personnel.
(C) Strategies, plans, and systematic approaches for
recruiting, credentialing, promoting, and sustaining the
diversity of work force roles comprising a professional
workforce dedicated to primary prevention.
(D) The creation of a professional, primary prevention
credential that standardizes a common base of education and
experience across the prevention workforce, coupled with
knowledge development and skill building requirements built
into the career cycle of prevention practitioners such that
competencies and expertise increase over time.
(E) Any other matter the Secretary of Defense determines
necessary and appropriate to presenting an accurate and
complete model of the Primary Prevention Workforce.
(c) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretaries of the military
departments and the Chief of the National Guard Bureau each
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report detailing how the military services
and the National Guard, as applicable, will adapt and
implement the primary prevention workforce model set forth in
the report required under subsection (b).
(2) Elements.--Each report submitted under subsection (a)
shall include a description of--
(A) expected milestones to implement the prevention
workforce in the component at issue;
(B) challenges associated with implementation of the
workforce and the strategies for addressing such challenges;
and
(C) additional authorities that may be required to optimize
implementation and operation of the workforce.
(d) Operating Capability Deadline.--The Primary Prevention
Workforce authorized under this section shall attain initial
operating capability in each military department and military
service and in the National Guard by not later than the
effective date specified in section 552.
SEC. 547. ANNUAL PRIMARY PREVENTION RESEARCH AGENDA.
(a) In General.--Beginning on October 1, 2022, and
annually, on the first day of each fiscal year thereafter,
the Secretary of Defense shall publish a Department of
Defense research agenda for that fiscal year, focused on the
primary prevention of interpersonal and self-directed
violence, including sexual assault, sexual harassment,
domestic violence, child abuse and maltreatment, problematic
juvenile sexual behavior, suicide, workplace violence, and
substance misuse.
(b) Elements.--Each annual primary prevention research
agenda published under subsection (a) shall--
(1) identify research priorities for that fiscal year;
(2) assign research projects and tasks to the military
departments and other components of the Department of
Defense, as the Secretary of Defense determines appropriate;
(3) allocate or direct the allocation of appropriate
resourcing for each such project and task; and
(4) be directive in nature and enforceable across all
components of the Department of Defense, including with
regard to--
(A) providing for timely access to records, data and
information maintained by any component of the Department of
Defense that may be required in furtherance of an assigned
research project or task;
(B) ensuring the sharing across all components of the
Department of Defense of the findings and the outcomes of any
research project or task; and
(C) any other matter determined by the Secretary of
Defense.
(c) Guiding Principles.--The primary prevention research
agenda should, as determined by the Secretary of Defense--
(1) reflect a preference for research projects and tasks
with the potential to yield or contribute to the development
and implementation of actionable primary prevention
strategies in the Department of Defense;
(2) be integrated, so as to discover or test cross-cutting
interventions across the spectrum of interpersonal and self-
directed violence;
(3) incorporate collaboration with other Federal
departments and agencies, State governments, academia,
industry, federally funded research and development centers,
non-profit organizations, and other organizations outside of
the Department of Defense; and
(4) minimize unnecessary duplication of effort.
(d) Budgeting.--The Secretary of Defense shall create a
unique Program Element for and shall prioritize recurring
funding to ensure the continuity of research pursuant to the
annual primary prevention research agenda.
SEC. 548. FULL FUNCTIONALITY OF CERTAIN ADVISORY COMMITTEES
AND PANELS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall establish or
reconstitute, maintain, and ensure the full functionality
of--
(1) the Defense Advisory Committee on the Investigation,
Prosecution, and Defense of sexual assault in the Armed
Forces, established pursuant to section 546 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 1561
note);
(2) the Defense Advisory Committee for the Prevention of
Sexual Misconduct, established pursuant to section 552 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 1561 note); and
(3) the Military Justice Review Panel established pursuant
to section 946 of title 10, United States Code (article 146
of the Uniform Code of Military Justice)).
SEC. 549. MILITARY DEFENSE COUNSEL PARITY.
The Secretary of Defense shall--
(1) direct the Secretaries of the military departments to
establish the funding, mechanisms, and processes required for
service military defense counsel to exercise control of their
own funds, beginning not later than one year after the date
of the enactment of this Act;
(2) ensure that military defense counsel have timely and
reliable access to and funding for defense investigators,
expert witnesses, trial support, counsel travel, and other
necessary resources;
(3) ensure that military defense counsel detailed to
represent a servicemember accused of a special victim offense
are well-trained and experienced, highly skilled, and
competent in the defense of special victim cases; and
(4) take or direct such other actions regarding military
defense counsel as may be warranted in the interest of the
fair administration of justice.
SEC. 550. RESOURCING.
(a) Report Required.--Not later than March 1, 2022, the
Secretary of Defense, shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report detailing the
resourcing necessary to implement this part and the
amendments made by this part.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) The number of additional personnel and personnel
authorizations--military and civilian--required by the Office
of the Secretary of Defense, each of the military
departments, and any other component of the Department of
Defense, to implement and execute the provisions of this part
and the amendments made by this part by the effective date
specified in section 552.
(2) The basis for the number provided pursuant to paragraph
(1), including the following: information
(A) A description of the organizational structure in which
such personnel or groups of personnel are or will be aligned.
(B) The nature of the duties and functions to be performed
by any such personnel or
[[Page S8578]]
groups of personnel across the domains of policy-making,
execution, assessment, and oversight.
(C) The optimum caseload goal assigned to the following
categories of personnel who are or will participate in the
military justice process: criminal investigators of different
levels and expertise, laboratory personnel, defense counsel,
special victim prosecutors and assistant special victim
prosecutors, military defense counsel, military judges, and
military magistrates.
(D) Any required increase in the number of personnel
currently authorized in law to be assigned to the Office of
the Secretary of Defense and other Department of Defense
headquarters.
(3) The nature and scope of any contract required by the
Office of the Secretary of Defense, each of the military
departments, and any other component of the Department of
Defense to implement and execute the provisions of this part
and the amendments made by this part by the effective date
specified in section 552.
(4) The amount and types of additional funding required by
the Department of Defense to implement the provisions of this
part and the amendments made by this part by the effective
date specified.
(5) Any additional authorities required to implement the
provisions of this part and the amendments made by this part
by the effective date specified.
(6) Any additional information the Secretary of Defense
determines is necessary to ensure the manning, equipping, and
resourcing of the Department of Defense to implement and
execute the provisions of this part and the amendments made
by this part.
SEC. 551. APPLICABILITY TO THE UNITED STATES COAST GUARD.
The Secretary of Defense shall consult and enter into an
agreement with the Secretary of Homeland Security to apply
the provisions of this part and the amendments made by this
part, and the policies, mechanisms, and processes established
pursuant to such provisions, to the United States Coast Guard
when it is operating as a service in the Department of
Homeland Security.
SEC. 552. EFFECTIVE DATE.
(a) In General.--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, including the regulations setting
forth the sentencing parameters and guidelines required under
section 544(e), and the amendments made by 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, including the
regulations setting forth the sentencing parameters and
guidelines required under section 544(e), 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 II--MILITARY JUSTICE IMPROVEMENT AND INCREASING PREVENTION
SEC. 561. SHORT TITLE.
This part may be cited as the ``Military Justice
Improvement and Increasing Prevention Act of 2021''.
SEC. 562. IMPROVEMENT OF DETERMINATIONS ON DISPOSITION OF
CHARGES FOR CERTAIN OFFENSES UNDER UCMJ WITH
AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF
MORE THAN ONE YEAR.
(a) Improvement of Determinations.--
(1) Military departments.--With respect to charges under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice), that allege an offense specified in
subsection (b) and not excluded under subsection (c), the
Secretary of Defense shall require the Secretaries of the
military departments to provide as described in subsection
(d) for the determinations as follows:
(A) Determinations under section 830 of such chapter
(article 30 of the Uniform Code of Military Justice) on the
preferral of charges.
(B) Determinations under section 830 of such chapter
(article 30 of the Uniform Code of Military Justice) on the
disposition of charges.
(C) Determinations under section 834 of such chapter
(article 34 of the Uniform Code of Military Justice) on the
referral of charges.
(2) Homeland security.--With respect to charges under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice), that allege an offense specified in
subsection (b) and not excluded under subsection (c) against
a member of the Coast Guard (when it is not operating as a
service in the Navy), the Secretary of Homeland Security
shall provide as described in subsection (d) for the
determinations as follows:
(A) Determinations under section 830 of such chapter
(article 30 of the Uniform Code of Military Justice) on the
preferral of charges.
(B) Determinations under section 830 of such chapter
(article 30 of the Uniform Code of Military Justice) on the
disposition of charges.
(C) Determinations under section 834 of such chapter
(article 34 of the Uniform Code of Military Justice) on the
referral of charges.
(3) Rule of construction.--This section shall not be
construed to terminate or otherwise alter the authorities
enumerated in any articles of the Uniform Code of Military
Justice other than articles 30 and 34 (10 U.S.C. 830, 834).
(b) Covered Offenses.--An offense specified in this
subsection is an offense as follows:
(1)(A) Offenses under the following sections of chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice), for which the maximum punishment authorized under
that chapter includes confinement for more than one year:
sections 893a, 917a, 918, 919, 919a, 919b, 920, 920a, 920b,
920c, 921, 921a, 921b, 922, 924, 924a, 924b, 925, 926, 927,
928(b) and (c), 928a, 928b, 930, 931, 931a, 931b, 931c, 931d,
931e, 931f, 931g, and 932 (articles 93a, 117a, 118, 119,
119a, 119b, 120, 120a, 120b, 120c, 121, 121a, 121b, 122, 124,
124a, 124b, 125, 126, 127, 128(b) and (c), 128a, 128b, 130,
131, 131a, 131b, 131c, 131d, 131e, 131f, 131g, and 132,
respectively, of the Uniform Code of Military Justice).
(B) The offenses of child pornography, negligent homicide,
indecent conduct, indecent language communicated to any child
under the age of 16 years, and pandering and prostitution, as
punishable under the general punitive article in 934 of such
title (article 134 of the Uniform Code of Military Justice).
(2) A conspiracy to commit an offense specified in
paragraph (1) as punishable under section 881 of title 10,
United States Code (article 81 of the Uniform Code of
Military Justice).
(3) A solicitation to commit an offense specified in
paragraph (1) as punishable under section 882 of title 10,
United States Code (article 82 of the Uniform Code of
Military Justice).
(4) An attempt to commit an offense specified in paragraph
(1) as punishable under section 880 of title 10, United
States Code (article 80 of the Uniform Code of Military
Justice).
(c) Excluded Offenses.--Subsection (a) does not apply to an
offense as follows:
(1) An offense under sections 883 through 917 of title 10,
United States Code (articles 83 through 117 of the Uniform
Code of Military Justice), but not an offense under section
893a of such title (article 93a of the Uniform Code of
Military Justice).
(2) An offense under section 922a, 923, 923a, or 928(a) of
title 10, United States Code (articles 122a, 123, 123a, and
128(a) of the Uniform Code of Military Justice).
(3) An offense under section 933 or 934 of title 10, United
States Code (articles 133 and 134 of the Uniform Code of
Military Justice), but not the offense of child pornography,
negligent homicide, indecent conduct, indecent language
communicated to any child under the age of 16 years, or
pandering and prostitution as punishable under the general
punitive article in section 934 of such title (article 134 of
the Uniform Code of Military Justice).
(4) A conspiracy to commit an offense specified in
paragraphs (1) through (3) as punishable under section 881 of
title 10, United States Code (article 81 of the Uniform Code
of Military Justice).
(5) A solicitation to commit an offense specified in
paragraphs (1) through (3) as punishable under section 882 of
title 10, United States Code (article 82 of the Uniform Code
of Military Justice).
(6) An attempt to commit an offense specified in paragraphs
(1) through (3) as punishable under section 880 of title 10,
United States Code (article 80 of the Uniform Code of
Military Justice).
(d) Requirements and Limitations.--The disposition of
charges covered by subsection (a) shall be subject to the
following:
(1) The determination whether to cause charges to be
preferred or refer such charges to a court-martial for trial,
as applicable, shall be made by a commissioned officer of the
Armed Forces designated as a court-martial convening
authority in accordance with regulations prescribed for
purposes of this subsection from among commissioned officers
of the Armed Forces in grade O-6 or higher who--
(A) are available for detail as trial counsel under section
827 of title 10, United States Code (article 27 of the
Uniform Code of Military Justice);
(B) have significant experience in trials by general or
special court-martial; and
(C) are outside the chain of command of the member subject
to such charges.
(2) Upon a determination under paragraph (1) to refer
charges to a court-martial for trial, the officer making that
determination shall determine whether to refer such charges
for trial by a general court-martial convened under section
822 of title 10, United States Code (article 22 of the
Uniform Code of Military Justice), or a special court-martial
convened under section 823 of title 10, United States Code
(article 23 of the Uniform Code of Military Justice).
(3) A determination under paragraph (1) to cause charges to
be preferred or refer charges to a court-martial for trial,
as applicable, shall cover all known offenses, including
lesser included offenses.
(4) The determination to cause charges to be preferred or
refer charges to a court-martial for trial, as applicable,
under paragraph
[[Page S8579]]
(1), and the type of court-martial to which to refer under
paragraph (2), shall be binding on any applicable convening
authority for the referral of such charges.
(5) The actions of an officer described in paragraph (1) in
determining under that paragraph whether or not to cause
charges to be preferred or refer charges to a court-martial
for trial, as applicable, shall be free of unlawful or
unauthorized influence or coercion.
(6) The determination under paragraph (1) not to refer
charges to a general or special court-martial for trial shall
not operate to terminate or otherwise alter the authority of
commanding officers to refer charges for trial by special
court-martial under section 823 of title 10, United States
Code (article 23 of the Uniform Code of Military Justice) or
summary court-martial convened under section 824 of title 10,
United States Code (article 24 of the Uniform Code of
Military Justice), or to impose non-judicial punishment in
connection with the conduct covered by such charges as
authorized by section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice).
(7) The determination under paragraph (1) to refer charges
to a general or special court-martial shall not be subject to
section 834 of title 10, United States Code (article 34 of
the Uniform Code of Military Justice), provided that the
officer making the determination determines that--
(A) the specification alleges an offense under the Uniform
Code of Military Justice;
(B) there is probable cause to believe that the accused
committed the offense charged; and
(C) a court-martial would have jurisdiction over the
accused and the offense.
(e) Construction With Charges on Other Offenses.--Nothing
in this section shall be construed to alter or affect the
preferral, disposition, or referral authority of charges
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), that allege an offense for which
the maximum punishment authorized under that chapter includes
confinement for one year or less, except for the offenses of
child pornography, negligent homicide, indecent conduct,
indecent language communicated to any child under the age of
16 years, and pandering and prostitution as punishable under
the general punitive article in section 934 of such title
(article 134 of the Uniform Code of Military Justice).
(f) Policies and Procedures.--
(1) In general.--The Secretaries of the military
departments and the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a
service in the Navy) shall revise policies and procedures as
necessary to comply with this section.
(2) Uniformity.--The General Counsel of the Department of
Defense and the General Counsel of the Department of Homeland
Security shall jointly review the policies and procedures
revised under this subsection in order to ensure that any
lack of uniformity in policies and procedures, as so revised,
among the military departments and the Department of Homeland
Security does not render unconstitutional any policy or
procedure, as so revised.
(g) Manual for Courts-Martial.--The Secretary of Defense
shall recommend such changes to the Manual for Courts-Martial
as are necessary to ensure compliance with this section.
(h) Improved Specialization of Criminal Investigators.--The
Secretary of Defense shall revise policies and procedures as
necessary to improve specialization of criminal investigators
to help increase the efficiency and effectiveness of sexual
assault and domestic violence investigations.
SEC. 563. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE
GENERAL AND SPECIAL COURTS-MARTIAL FOR CERTAIN
OFFENSES UNDER UCMJ WITH AUTHORIZED MAXIMUM
SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR.
(a) In General.--Subsection (a) of section 822 of title 10,
United States Code (article 22 of the Uniform Code of
Military Justice), is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) with respect to offenses to which section 562(a) of
the Military Justice Improvement and Increasing Prevention
Act of 2021 applies, the officers in the offices established
pursuant to section 563(c) of that Act or officers in the
grade of O-6 or higher who are assigned such responsibility
by the Chief of Staff of the Army, the Chief of Naval
Operations, the Chief of Staff of the Air Force, the
Commandant of the Marine Corps, or the Commandant of the
Coast Guard;''.
(b) No Exercise by Officers in Chain of Command of Accused
or Victim.--Such section (article) is further amended by
adding at the end the following new subsection:
``(c) An officer specified in subsection (a)(8) may not
convene a court-martial under this section if the officer is
in the chain of command of the accused or the victim.''.
(c) Offices of Chiefs of Staff on Courts-Martial.--
(1) Offices required.--Each Chief of Staff of the Armed
Forces or Commandant specified in paragraph (8) of section
822(a) of title 10, United States Code (article 22(a) of the
Uniform Code of Military Justice), as amended by subsection
(a), shall establish an office to do the following:
(A) To convene general and special courts-martial under
sections 822 and 823 of title 10, United States Code
(articles 22 and 23 of the Uniform Code of Military Justice),
pursuant to paragraph (8) of section 822(a) of title 10,
United States Code (article 22(a) of the Uniform Code of
Military Justice), as so amended, with respect to offenses to
which section 562(a) applies.
(B) To detail under section 825 of title 10, United States
Code (article 25 of the Uniform Code of Military Justice),
members of courts-martial convened as described in
subparagraph (A).
(2) Personnel.--The personnel of each office established
under paragraph (1) shall consist of such members of the
Armed Forces and civilian personnel of the Department of
Defense, or such members of the Coast Guard or civilian
personnel of the Department of Homeland Security, as may be
detailed or assigned to the office by the Chief of Staff or
Commandant concerned. The members and personnel so detailed
or assigned, as the case may be, shall be detailed or
assigned from personnel billets in existence as of the
effective date for this part specified in section 570.
SEC. 564. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND
RESOURCES.
(a) In General.--The Secretaries of the military
departments and the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a
service in the Navy) shall carry out sections 562 and 563
using personnel, funds, and resources otherwise authorized by
law.
(b) No Authorization of Additional Personnel or
Resources.--Sections 562 and 563 shall not be construed as
authorizations for personnel, personnel billets, or funds for
the discharge of the requirements in such sections.
SEC. 565. MONITORING AND ASSESSMENT OF MODIFICATION OF
AUTHORITIES BY DEFENSE ADVISORY COMMITTEE ON
INVESTIGATION, PROSECUTION, AND DEFENSE OF
SEXUAL ASSAULT IN THE ARMED FORCES.
Section 546(c) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (10 U.S.C. 1561 note) is amended--
(1) in paragraph (1)--
(A) by striking ``on the investigation'' and inserting ``on
the following:
``(A) The investigation''; and
(B) by adding at the end the following new subparagraph:
``(B) The implementation and efficacy of sections 562
through 564 of the Military Justice Improvement and
Increasing Prevention Act of 2021 and the amendments made by
such sections.''; and
(2) in paragraph (2), by striking ``paragraph (1)'' and
inserting ``paragraph (1)(A)''.
SEC. 566. LIMITATION ON MODIFICATIONS TO SEXUAL ASSAULT
REPORTING PROCEDURES.
(a) In General.--The Secretary of Defense may not amend
section 4 of enclosure 4 of Department of Defense Instruction
(DoDI) 6495.02, relating to Sexual Assault Prevention and
Response (SAPR) Program Procedures, or otherwise prescribe
any regulations or guidance relating to the treatment and
handling of unrestricted and restricted reports of sexual
assault, until 30 days after notifying the congressional
defense committees of the proposed amendment or modification.
(b) Congressional Defense Committees Defined.--In this
section, the term ``congressional defense committees'' has
the meaning given the term in section 101(a) of title 10,
United States Code.
SEC. 567. PROFESSIONALIZATION OF MILITARY PROSECUTORS.
(a) In General.--The Secretary of Defense shall increase
enhanced and specialized training to certain prosecutors on
the proper conduct, presentation, and handling of sexual
assault and domestic violence cases.
(b) 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
program implemented under subsection (a).
SEC. 568. INCREASED TRAINING AND EDUCATION ON MILITARY SEXUAL
ASSAULT.
(a) Uniformed Officers and Senior Enlisted Leaders.--
(1) Uniformed officers.--All uniformed officers of the
military services shall be required within 2 years of the
date of the enactment of this Act to complete training on
military sexual assault prevention equivalent to that
provided to Sexual Assault Prevention and Response Victim
Advocates before those officers may be considered for
promotion to a grade at or above O-5. A portion of this
training shall be in-person, facilitated training.
(2) Enlisted leaders.--All senior enlisted leaders of the
military services will be required within 2 years of the date
of the enactment of this Act to complete a training on
military sexual assault prevention equivalent to that
provided to the Sexual Assault Prevention and Response Victim
Advocates before enlisted service members may be considered
for promotion to a grade at or above E-9. A portion of this
training shall be in-person, facilitated training.
(b) Officer Candidates and ROTC.--
(1) In general.--The United States Army Cadet Command, the
Naval Education and Training Command, the Air Education and
Training Command, and the Coast Guard Recruiting Command
shall carry out a program
[[Page S8580]]
for increasing training on the prevention of military sexual
assault within cadet ranks. A portion of this training shall
be in-person, facilitated training.
(2) Report on development of plan.--Not later than 180 days
after the date of the enactment of this Act, the United
States Army Cadet Command, the Naval Education and Training
Command, the Air Education and Training Command, and the
Coast Guard Recruiting Command shall submit to the
congressional defense committees a report on the development
of the program required under paragraph (1) and a plan for
execution.
(3) Report on implementation.--Not later than 2 years after
the date of the enactment of this Act, the United States Army
Cadet Command, the Naval Education and Training Command, the
Air Education and Training Command, and the Coast Guard
Recruiting Command shall submit to the congressional defense
committees a report on the implementation of the program
required under paragraph (1).
(c) Military Service Academies.--
(1) In general.--The Superintendents of the military
service academies shall carry out additional military sexual
assault prevent training and education at the academies. A
portion of this training shall be in-person, facilitated
training.
(2) Report.--The Secretary of Defense, in consultation with
the Superintendents of the military service academies, shall
submit a report to the congressional defense committees
describing the additional training and education implemented
pursuant to paragraph (1).
SEC. 569. INCREASING THE PHYSICAL SECURITY OF MILITARY
INSTALLATIONS.
(a) Survey.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct
a survey of all lodging and living spaces on military
installations to identify, replace, or repair locking
mechanisms on points of entry, identify areas of installation
of closed-circuit television (CCTV) security cameras, and
other passive security measures as necessary to increase the
prevention of crimes, including sexual assault, on military
installations.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
results of the survey conducted under subsection (a).
(c) Program.--Based on the results of the survey conducted
under subsection (a), the Secretary of Defense shall carry
out a program for increasing the security of all lodging and
living spaces on military installations, including replacing
or repairing locking mechanisms on points of entry,
installation of CCTV security cameras, and other passive
security measures as necessary to increase the prevention of
crimes, including sexual assault, on military installations.
SEC. 570. EFFECTIVE DATE AND APPLICABILITY.
(a) Effective Date and Applicability.--This part and the
amendments made by this part shall take effect 180 days after
the date of the enactment of this Act, and shall apply with
respect to any allegation of charges of an offense specified
in subsection (b) of section 562, and not excluded under
subsection (c) of section 562, which offense occurs on or
after such effective date.
(b) Revisions of Policies and Procedures.--Any revision of
policies and procedures required of the military departments
or the Department of Homeland Security as a result of this
part and the amendments made by this part shall be completed
so as to come into effect together with the coming into
effect of this part and the amendments made by this part in
accordance with subsection (a).
Subtitle E--Member Education, Training, and Transition
SEC. 571. MODIFICATION OF GRANT PROGRAM SUPPORTING SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATH EDUCATION IN
THE JUNIOR RESERVE OFFICERS' TRAINING CORPS TO
INCLUDE QUANTUM INFORMATION SCIENCES.
Section 2036(g)(2) of title 10, United States Code, as
added by section 513(a) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is amended--
(1) by redesignating subparagraphs (J) through (M) as
subparagraphs (K) through (N), respectively; and
(2) by inserting after subparagraph (I) the following new
subparagraph:
``(J) quantum information sciences;''.
SEC. 572. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE
MILITARY SERVICE ACADEMIES IN THE EVENT OF THE
DEATH, RESIGNATION, OR EXPULSION FROM OFFICE OF
A MEMBER OF CONGRESS.
(a) United States Military Academy.--
(1) In general.--Chapter 753 of title 10, United States
Code, is amended by inserting after section 7442 the
following new section:
``Sec. 7442a. 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:
``Sec. 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.''.
(c) Air Force Academy.--
(1) In general.--Chapter 953 of title 10, United States
Code, is amended by inserting after section 9442 the
following new section:
``Sec. 9442a. 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
[[Page S8581]]
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.''.
SEC. 573. TROOPS-TO-TEACHERS PROGRAM.
(a) Requirement to Carry Out Program.--Section 1154(b) of
title 10, United States Code, is amended by striking ``may''
and inserting ``shall''.
(b) Reporting Requirement.--Section 1154 of title 10,
United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Annual Report.--(1) Not later than December 1, 2022,
and annually thereafter, the Secretary of Defense shall
submit to the appropriate congressional committees a report
on the Program.
``(2) The report required under paragraph (1) shall include
the following elements:
``(A) The total cost of the Program for the most recent
fiscal year.
``(B) The total number of teachers placed during such
fiscal year and the locations of such placements.
``(C) An assessment of the STEM backgrounds of the teachers
placed, the number of placements in high-need schools, and
any other metric or information the Secretary considers
appropriate to illustrate the cost and benefits of the
program to members of the armed forces, veterans, and local
educational agencies.
``(3) In this subsection, the term `appropriate
congressional committees' means--
``(A) the Committee on Armed Services and the Committee on
Help, Education, Labor, and Pensions of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Education and Labor of the House of Representatives.''.
(c) Sunset.--Section 1154 of title 10, United States Code,
as amended by subsection (b), is further amended by adding at
the end the following new subsection:
``(k) Sunset.--The Program shall terminate on July 1, 2025,
with respect to the selection of new participants for the
program. Participants in the Program as of that date may
complete their program, and remain eligible for benefits
under this section.''.
SEC. 574. COMBATING FOREIGN MALIGN INFLUENCE.
Section 589E of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) by striking subsections (d) and (e); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Establishment of Working Group.--(1) Not later than
one year after the date of the enactment of this subsection,
the Secretary of Defense shall establish a working group to
assist the official designated under subsection (b), as
follows:
``(A) In the identification of mediums used by covered
foreign countries to identify, access, and endeavor to
influence servicemembers and Department of Defense civilian
employees through foreign malign influence campaigns and the
themes conveyed through such mediums.
``(B) In coordinating and integrating the training program
under this subsection in order to enhance and strengthen
servicemember and Department of Defense civilian employee
awareness of and defenses against foreign malign influence,
including by bolstering information literacy.
``(C) In such other tasks deemed appropriate by the
Secretary of Defense or the official designated under
subsection (b).
``(2) The official designed under subsection (b) and the
working group established under this subsection shall consult
with the Foreign Malign Influence Response Center established
pursuant to section 3059 of title 50, United States Code.
``(e) Report Required.--Not later than 18 months after the
establishment of the working group, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the results of the
working group, its activities, the effectiveness of the
counter foreign malign influence activities carried out under
this section, the metrics applied to determined
effectiveness, and the actual costs associated with actions
undertaken pursuant to this section.
``(f) Definitions.--In this section:
``(1) Foreign malign influence.--The term `foreign malign
influence' has the meaning given that term in section 119C of
the National Security Act of 1947 (50 U.S.C. 3059).
``(2) Covered foreign country.--The term `covered foreign
country' has the meaning given that term in section 119C of
the National Security Act of 1947 (50 U.S.C. 3059)
``(3) Information literacy.--The term `information
literacy' means the set of skills needed to find, retrieve,
understand, evaluate, analyze, and effectively use
information (which encompasses spoken and broadcast words and
videos, printed materials, and digital content, data, and
images).''.
SEC. 575. PROHIBITION ON IMPLEMENTATION BY UNITED STATES AIR
FORCE ACADEMY OF CIVILIAN FACULTY TENURE
SYSTEM.
The Secretary of Defense may not implement a civilian
faculty tenure system for the United States Air Force Academy
(in this section referred to as the ``Academy'') until the
Secretary submits to the Committees on Armed Services of the
Senate and the House of Representatives a report assessing
the following:
(1) How a civilian faculty tenure system would promote the
mission of the Academy.
(2) How a civilian faculty tenure system would affect the
current curricular governance process of the Academy.
(3) How the Academy will determine the number of civilian
faculty at the Academy who would be granted tenure.
(4) How a tenure system would be structured for Federal
employees at the Academy, including exact details of specific
protections and limitations.
(5) The budget implications of implementing a tenure system
for the Academy.
(6) The faculty qualifications that would be required to
earn and maintain tenure.
(7) The reasons for termination of tenure that will be
implemented and how a tenure termination effort would be
conducted.
Subtitle F--Military Family Readiness and Dependents' Education
SEC. 581. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MILITARY AND
CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational
Agencies That Benefit Dependents of Members of the Armed
Forces and Department of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of
military dependent students.--Of the amount authorized to be
appropriated for fiscal year 2022 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$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).
(2) Local educational agency defined.--In this subsection,
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)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2022 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398;
114 Stat. 1654A-77; 20 U.S.C. 7703a).
(2) Additional amount.--Of the amount authorized to be
appropriated for fiscal year 2022 pursuant to section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for use by the Secretary of
Defense to make payments to local educational agencies
determined by the Secretary to have higher concentrations of
military children with severe disabilities.
(3) Report.--Not later than March 31, 2022, the Secretary
shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the Department's
evaluation of each local educational agency with higher
concentrations of military children with severe disabilities
and subsequent determination of the amounts of impact aid
each such agency shall receive.
SEC. 582. PILOT PROGRAM TO ESTABLISH EMPLOYMENT FELLOWSHIP
OPPORTUNITIES FOR MILITARY SPOUSES.
(a) Establishment.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense may
establish a three-year pilot program to provide employment
support to the spouses of members of the Armed Forces through
a paid fellowship with employers across a variety of
industries. In carrying out the pilot program, the Secretary
shall take the following steps:
(1) Enter into a contract or other agreement to conduct a
career fellowship pilot program for military spouses.
(2) Determine the appropriate capacity for the pilot
program based on annual funding availability.
(3) Establish evaluation criteria to determine measures of
effectiveness and cost-benefit analysis of the pilot program
in supporting military spouse employment.
(b) Limitation on Total Amount of Assistance.--The total
amount of the pilot program may not exceed $5,000,000 over
the life of the pilot.
(c) Reports.--Not later than two years after the Secretary
establishes the pilot program, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives an interim report that includes the
following elements:
(1) The number of spouses who participated in the pilot
program annually.
(2) The amount of funding spent through the pilot program
annually.
[[Page S8582]]
(3) A recommendation of the Secretary regarding whether to
discontinue, expand, or make the pilot program permanent.
(d) Final Report.--Not later than 180 days after the pilot
program ends, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a final report that includes the following elements:
(1) The number of spouses who participated in the pilot
program.
(2) The amount of funding spent through the pilot program.
(3) An evaluation of outcomes.
(4) A recommendation of the Secretary regarding whether to
make the pilot program permanent.
(e) Termination.--The pilot program shall terminate three
years after the date on which the Secretary establishes the
pilot program.
Subtitle G--Other Matters and Reports
SEC. 591. 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 paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``Secretary of Defense'' and inserting ``Inspector General of
the Department of Defense'';
(B) in subparagraph (A), by striking ``of the Department'';
and
(C) in subparagraph (B), by striking ``report directly to
and serve'' and inserting ``be'';
(2) in paragraph (2)(A)--
(A) in the matter preceding clause (i), by striking
``Conducting and supervising audits, investigations, and
evaluations'' and inserting ``Developing and carrying out a
plan for the conduct of comprehensive oversight, including
through the conduct and supervision of audits,
investigations, and inspections''; and
(B) in clause (ii), by striking ``duties of'' and inserting
``duties assigned to''; and
(3) in paragraph (4)--
(A) in subparagraph (B)--
(i) by striking ``Secretary and''; and
(ii) 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.).'';
(B) in subparagraph (C), by striking ``and Inspector
General'';
(C) in subparagraph (D)--
(i) by striking ``Deputy'';
(ii) by striking ``and the Inspector General''; and
(iii) by striking ``direct'' and inserting ``direct or
determine, as the case may be''; and
(D) in subparagraph (E), 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. 592. INCLUSION OF SENIOR RESERVE OFFICERS' TRAINING
CORPS DATA IN DIVERSITY AND INCLUSION
REPORTING.
Section 113(m) of title 10, United States Code, as amended
by section 551(a)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) The number of graduates of the Senior Reserve
Officers' Training Corps during the fiscal year covered by
the report, disaggregated by gender, race, and ethnicity, for
each military department.''.
SEC. 593. MODIFIED DEADLINE FOR ESTABLISHMENT OF SPECIAL
PURPOSE ADJUNCT TO ARMED SERVICES VOCATIONAL
APTITUDE BATTERY TEST.
Section 594 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended by striking ``Not later than one year
after the date of the enactment of this Act'' and inserting
``Not later than October 1, 2024''.
SEC. 594. REPORTS ON AIR FORCE PERSONNEL PERFORMING DUTIES OF
A NUCLEAR AND MISSILE OPERATIONS OFFICER (13N).
(a) In General.--The Secretary of the Air Force shall
submit to the congressional defense committees a report on
personnel performing the duties of a Nuclear and Missile
Operations Officer (13N)--
(1) not later than 90 days after the date of the enactment
of this Act; and
(2) concurrent with the submission to Congress of the
budget of the President for each of fiscal years 2023 through
2027 pursuant to section 1105(a) of title 31, United States
Code.
(b) Elements.--Each report required by subsection (a) shall
include the following:
(1) The number of Nuclear and Missile Operations Officers
commissioned, by commissioning source, during the most recent
fiscal year that ended before submission of the report.
(2) A description of the rank structure and number of such
officers by intercontinental ballistic missile operational
group during that fiscal year.
(3) The retention rate of such officers by intercontinental
ballistic missile operational group during that fiscal year
and an assessment of reasons for any loss in retention of
such officers.
(4) A description of the rank structure and number of
officers by intercontinental ballistic missile operational
group performing alert duties by month during that fiscal
year.
(5) A description of the structure of incentive pay for
officers performing 13N duties during that fiscal year.
(6) A personnel manning plan for managing officers
performing alert duties during the period of five fiscal
years after submission of the report.
(7) A description of methods, with metrics, to manage the
transition of Nuclear and Missile Operations Officers, by
intercontinental ballistic missile operational group, to
other career fields in the Air Force.
(8) Such other matters as the Secretary considers
appropriate to inform the congressional defense committees
with respect to the 13N career field during the period of
five to ten fiscal years after submission of the report.
SEC. 595. REPORTS ON SECURITY FORCE PERSONNEL PERFORMING
PROTECTION LEVEL ONE DUTIES.
(a) In General.--The Secretary of the Air Force shall
submit to the congressional defense committees a report on
the status of security force personnel performing protection
level one (PL-1) duties--
(1) not later than 90 days after the date of the enactment
of this Act; and
(2) concurrent with the submission to Congress of the
budget of the President for each of fiscal years 2023 through
2027 pursuant to section 1105(a) of title 31, United States
Code.
(b) Elements.--Each report required by subsection (a) shall
include the following:
(1) The number of Air Force personnel performing, and the
number of unfilled billets designated for performance of, PL-
1 duties on a full-time basis during the most recent fiscal
year that ended before submission of the report.
(2) The number of such personnel disaggregated by mission
assignment during that fiscal year.
(3) The number of such personnel and unfilled billets at
each major PL-1 installation during that fiscal year and a
description of the rank structure of such personnel.
(4) A statement of the time, by rank structure, such
personnel were typically assigned to perform PL-1 duties at
each major PL-1 installation during that fiscal year.
(5) The retention rate for security personnel performing
such duties during that fiscal year.
(6) The number of Air Force PL-1 security force members
deployed to support another Air Force mission or a joint
mission with another military department during that fiscal
year.
(7) A description of the type of training for security
personnel performing PL-1 duties during that fiscal year.
(8) An assessment of the status of replacing the existing
fleet of high mobility multipurpose wheeled vehicles (HMMWV)
and BearCat armored vehicles, by PL-1 installation.
(9) Such other matters as the Secretary considers
appropriate relating to security force personnel performing
PL-1 duties during the period of five fiscal years after
submission of the report.
TITLE VI--MILITARY COMPENSATION
SEC. 601. BASIC NEEDS ALLOWANCE FOR MEMBERS ON ACTIVE SERVICE
IN THE ARMED FORCES.
(a) In General.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 402a the following new
section:
``Sec. 402b. Basic needs allowance for members on active
service in the armed forces
``(a) Allowance Required.--The Secretary concerned shall
pay to each member who is eligible under subsection (b) a
basic needs allowance in the amount determined for such
member under subsection (c).
``(b) Eligible Members.--A member on active service in the
armed forces is eligible for the allowance under subsection
(a) if--
``(1) the member has completed initial entry training;
``(2) the gross household income of the member during the
most recent calendar 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 of
the member and the number of individuals in the household of
the member for such year; and
``(3) the member--
``(A) is not ineligible for the allowance under subsection
(d); and
``(B) does not elect under subsection (g) not to receive
the allowance.
``(c) Amount of Allowance.--The amount of the monthly
allowance payable to a member under subsection (a) shall be
the amount equal to--
``(1)(A) 130 percent of the Federal poverty guidelines of
the Department of Health and Human Services for the calendar
year during which the allowance is paid based on the location
of the member and the number of individuals in the household
of the member during the month for which the allowance is
paid; minus
``(B) the gross household income of the member during the
preceding calendar year; divided by
``(2) 12.
``(d) Bases of Ineligibility.--
``(1) In general.--The following members are ineligible for
the allowance under subsection (a):
[[Page S8583]]
``(A) A member who does not have any dependents.
``(B) A cadet at the United States Military Academy, the
United States Air Force Academy, or the Coast Guard Academy,
a midshipman at the United States Naval Academy, or a cadet
or midshipman serving elsewhere in the armed forces.
``(2) Household with more than one eligible member.--In the
event a household contains two or more members determined
under subsection (f) to be eligible to receive the allowance
under subsection (a), only one allowance may be paid to a
member among such members as such members shall jointly
elect.
``(3) Automatic ineligibility of members receiving certain
pay increases.--A member determined to be eligible under
subsection (f) for the allowance under subsection (a) whose
monthly gross household income increases as a result of a
promotion or other permanent increase to pay or allowances
under this title to an amount that, on an annualized basis,
would exceed the amount described in subsection (b)(2) is
ineligible for the allowance. If such member is receiving the
allowance, payment of the allowance shall automatically
terminate within a reasonable time, as determined by the
Secretary of Defense in regulations prescribed under
subsection (j).
``(4) Ineligibility of certain changes in income.--A member
whose gross household income for the preceding year decreases
because of a fine, forfeiture, or reduction in rank imposed
as a part of disciplinary action or an action under chapter
47 of title 10 (the Uniform Code of Military Justice) is not
eligible for the allowance under subsection (a) solely as a
result of the fine, forfeiture, or reduction in rank.
``(e) Application by Members Seeking Allowance.--
``(1) In general.--A member who seeks to receive the
allowance under subsection (a) shall submit to the Secretary
concerned an application for the allowance that includes such
information as the Secretary may require in order to
determine whether or not the member is eligible to receive
the allowance.
``(2) Timing of submission.--A member who receives the
allowance under subsection (a) and seeks to continue to
receive the allowance shall submit to the Secretary concerned
an updated application under paragraph (1) at such times as
the Secretary may require, but not less frequently than
annually.
``(3) Voluntary submission.--The submission of an
application under paragraph (1) is voluntary.
``(4) Screening of members for eligibility.--The Secretary
of Defense shall--
``(A) ensure that all members of the armed forces are
screened during initial entry training and regularly
thereafter for eligibility for the allowance under subsection
(a); and
``(B) notify any member so screened who may be eligible
that the member may apply for the allowance by submitting an
application under paragraph (1).
``(f) Determinations of Eligibility.--
``(1) In general.--The Secretary concerned shall--
``(A) determine whether each individual who submits an
application under subsection (e) is eligible for the
allowance under subsection (a); and
``(B) notify each such individual, in writing, of that
determination.
``(2) Information included in notice.--The notice under
paragraph (1) shall include information regarding financial
management and assistance programs for which the member may
be eligible.
``(g) Election Not to Receive Allowance.--
``(1) In general.--A member determined under subsection (f)
to be eligible for the allowance under subsection (a) may
elect, in writing, not to receive the allowance.
``(2) Deemed ineligible.--A member who does not submit an
application under subsection (e) within a reasonable time (as
determined by the Secretary concerned) shall be deemed
ineligible for the allowance under subsection (a).
``(h) Special Rule for Members Stationed Outside United
States.--In the case of a member assigned to a duty location
outside the United States, the Secretary concerned shall make
the calculations described in subsections (b)(2) and (c)(1)
using the Federal poverty guidelines of the Department of
Health and Human Services for the continental United States.
``(i) Reports Required.--Not later than December 31, 2025,
and June 1, 2028, the Secretary of Defense shall submit to
the congressional defense committees a report on the effect
of the allowance under subsection (a) on food insecurity
among members of the armed forces.
``(j) Regulations.--Not later than one year after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2022, the Secretary of Defense shall
prescribe regulations for the administration of this section.
``(k) Effective Period.--
``(1) Implementation period.--The allowance under
subsection (a) is payable for months beginning on or after
the date that is one year after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2022.
``(2) Termination.--The allowance under subsection (a) may
not be paid for any month beginning after December 31, 2027.
``(l) Definitions.--In this section:
``(1) Gross household income.--The term `gross household
income', with respect to a member, includes all household
income derived from any source.
``(2) Household.--The term `household' means a member and
any dependents of the member enrolled in the Defense
Enrollment Eligibility Reporting System, regardless of the
location of those dependents.''.
(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 members on active service in the
armed forces.''.
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:
``Sec. 357. Incentive pay authorities for members of the
reserve components of the armed forces
``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) Clerical 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.''.
SEC. 603. EXTENSION OF EXPIRING 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--
(A) by amending the section heading to read as follows:
``Lodging: Reserves attending training''; and
(B) 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 such
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) Clerical amendment.--The table of sections for chapter
1217 of such title is amended by striking the item relating
to section 12604 and inserting the following new item:
``12604. Lodging: Reserves attending training.''.
(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 new sentence: ``Such costs
include pet quarantine expenses.''.
(c) Student Dependent Transportation.--
(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 not in
the continental United States, 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 other than the
State of the permanent duty assignment location.''.
(2) Definitions.--Section 451 of title 37, United States
Code, 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
not in the continental United States, Alaska, or Hawaii.
[[Page S8584]]
``(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 other than the State 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) For purposes of subparagraph (A)(ii), the permanent
duty assignment location of a dependent who is a student not
living with the member while attending school is the
residence of the dependent.''.
(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), 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)(20) shall be
subject to the following terms and conditions:
``(1) The member of the uniformed services is required to
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, inactivation, or
construction to the port of overhaul, inactivation, or
construction.
``(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), 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. REPEAL OF EXPIRING TRAVEL AND TRANSPORTATION
AUTHORITIES.
(a) In General.--Effective December 31, 2021, subchapter
III of chapter 8 of title 37, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 8 of such title is amended by striking
the items relating to subchapter III and sections 471 through
495.
SEC. 605. 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''.
SEC. 606. REQUIREMENTS IN CONNECTION WITH SUSPENSION OF
RETIRED PAY AND RETIREMENT ANNUITIES.
(a) Notice Before Suspension of Payment.--
(1) In general.--The Defense Finance and Accounting Service
may not suspend the payment to a military retiree or
annuitant of retired or retainer pay or an annuity otherwise
provided by law until 90 days after the date of the delivery
of written notice to such military retiree or annuitant, as
applicable, or a designated representative, of the
suspension.
(2) Elements.--Each notice of a suspension of payment under
paragraph (1) shall set forth the following:
(A) The payment proposed to be suspended.
(B) A full description of the basis for the proposed
suspension.
(C) Notice of the right of the military retiree or
annuitant concerned, or a designated representative, to
submit matters in response to the proposed suspension.
(b) Suspension of Payment Following Lack of Timely
Response.--
(1) In general.--If at the end of the 90-day period
beginning on the date of the delivery of a notice of
suspension of payment under subsection (a) the military
retiree or annuitant concerned, or a designated
representative, has not submitted to the Defense Finance and
Accounting Service a response to such notice, the Service may
suspend payment as described in such notice.
(2) Construction of lack of response.--The lack of response
of a military retiree, annuitant, or designated
representative to a notice under subsection (a) within the
90-day period described in paragraph (1) shall not constitute
a waiver of the right to submit a response to the suspension
of payment proposed in such notice at some date after such
period.
(c) DFAS Determination on Timely Response.--
(1) In general.--If a military retiree, annuitant, or
designated representative responds to a notice of suspension
of payment under subsection (a) within the 90-day period
beginning on the date of delivery of such notice, the Defense
Finance and Accounting Service shall, not later than 30 days
after the date of receipt of such response--
(A) make a final determination of whether the suspension of
payment remains warranted; and
(B) submit to the military retiree, annuitant, or
designated representative a notice of such final
determination.
(2) Prohibition on suspension pending action.--The Service
may not suspend any payment covered by a response described
in paragraph (1) while taking action with respect to such
response pursuant to that paragraph.
(d) Recovery of Overpayment.--If the Defense Finance and
Accounting Service determines in connection with any
suspension of payment provided for pursuant to subsection (b)
or (c) that the military retiree or annuitant concerned has
received any overpayment of any amount to which such
suspension of payment relates, the Secretary of Defense may
take appropriate action to recover such overpayment.
(e) Preservation of Authority for Immediate Suspension in
Certain Cases.--
(1) In general.--Nothing in this section shall be construed
to prohibit the Secretary of Defense from immediately
suspending payment to a military retiree or annuitant in a
case as follows:
(A) A case in which the Secretary determines that the
initial claim for payment was based upon a fraudulent
application.
(B) A case in which payment is being diverted to a person
ineligible to receive payment due to suspected identity theft
or similar criminal act.
(C) A case involving immediate termination of retired or
retainer pay as a result of a conviction of a criminal
offense.
(2) Date for commencement of suspension.--Payment may be
suspended under this subsection effective upon the date that
the Secretary refers the report of the suspected fraud or
similar unauthorized payment in question to a law enforcement
organization.
(f) Annual Eligibility Determination Procedures.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall prescribe in regulations a
single annual eligibility determination procedure for
determinations of eligibility for military retired or
retainer pay and survivor annuities in connection with
military service as a replacement of the current procedures
in connection with the Certificate of Eligibility and Report
of Existence for military retirees and annuitants.
(g) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs and the
Secretary of Homeland Security, submit to the appropriate
committees of Congress a report on a process by which
notifications of the death of a military retiree or annuitant
may be shared among such Secretaries for
[[Page S8585]]
the purpose of determining the termination of eligibility for
benefits administered by such Secretaries.
(h) Regulations.--Subsections (a) through (e) of this
section shall be carried out in accordance with regulations
prescribed by the Secretary of Defense for purposes of this
section.
(i) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Veterans' Affairs, and the Committee on Commerce, Science,
and Transportation of the Senate; and
(B) the Committee on Armed Services, the Committee on
Veterans' Affairs, and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Military retiree; annuitant.--The terms ``military
retiree'' and ``annuitant'' shall have the meaning given such
terms in the regulations prescribed pursuant to subsection
(h).
(3) Designated representative.--The term ``designated
representative'' shall have the meaning given such term in
the regulations prescribed pursuant to subsection (h), and
shall include a guardian and a trustee of a qualified special
needs trust of an annuitant.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. ADDITION OF PRECONCEPTION AND PRENATAL CARRIER
SCREENING COVERAGE AS BENEFITS UNDER TRICARE
PROGRAM.
Section 1079(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(18) Preconception and prenatal carrier screening tests
shall be provided to eligible covered beneficiaries, with a
limit per beneficiary of one test per condition per lifetime,
for the following conditions:
``(A) Cystic Fibrosis.
``(B) Spinal Muscular Atrophy.
``(C) Fragile X Syndrome.
``(D) Tay-Sachs Disease.
``(E) Hemoglobinopathies.
``(F) Conditions linked with Ashkenazi Jewish descent.''.
SEC. 702. COVERAGE OF OVERSEAS SUBACUTE AND HOSPICE CARE FOR
ELIGIBLE OVERSEAS DEPENDENTS OF MEMBERS OF THE
UNIFORMED SERVICES.
(a) Subacute Care.--Section 1074j(b) of title 10, United
States Code, is amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``For eligible overseas dependents of members
of the uniformed services who are on active duty for a period
of more than 30 days, the Secretary of Defense may authorize
an overseas provider that does not have to be enrolled in the
Medicare program under section 1866(j) of the Social Security
Act (42 U.S.C. 1395cc(j)) to provide skilled nursing facility
care, which shall include services and facility charges,
under the program.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking the period at the end and inserting ``;
and'';
(ii) by striking `` `skilled nursing facility' has'' and
inserting `` `skilled nursing facility'--
``(i) except as provided in clause (ii), has''; and
(iii) by adding at the end the following new clause:
``(ii) with respect to facilities overseas, means
facilities authorized by the Secretary of Defense, which do
not have to be enrolled in the Medicare program under section
1866(j) of the Social Security Act (42 U.S.C. 1395cc(j)).'';
and
(B) by adding at the end the following new subparagraph:
``(C) The term `overseas' means located outside of the 50
States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the Northern
Mariana Islands.''; and
(3) in paragraph (3), by adding at the end the following
new sentence: ``Notwithstanding the previous sentence, home
health care services may be provided to eligible overseas
dependents of members of the uniformed services who are on
active duty for a period of more than 30 days by home health
providers authorized by the Secretary of Defense regardless
of whether such providers provide such services in the manner
and under the conditions described in section 1861(m) of the
Social Security Act (42 U.S.C. 1395x(m)).''.
(b) Hospice Care.--Section 1079(a)(15) of such title is
amended--
(1) by striking ``Hospice care'' and inserting ``(A) Except
as provided in subparagraph (B), hospice care''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) With respect to dependents who are overseas,
hospice care may be provided in such manner and under such
conditions as the Secretary of Defense may authorize.
``(ii) In this subparagraph, the term `overseas' means
located outside of the 50 States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands.''.
SEC. 703. MODIFICATION OF PILOT PROGRAM ON RECEIPT OF NON-
GENERIC PRESCRIPTION MAINTENANCE MEDICATIONS
UNDER TRICARE PHARMACY BENEFITS PROGRAM.
Section 706 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in subsection (a)(1), by striking ``may carry out'' and
inserting ``shall carry out'';
(2) in subsection (b), by striking ``March 1, 2021'' and
inserting ``March 1, 2022'';
(3) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively;
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Reimbursement.--If the Secretary carries out the
pilot program under subsection (a)(1), reimbursement of
retail pharmacies for medication under the pilot program may
not exceed the amount of reimbursement paid to the national
mail-order pharmacy program under section 1074g of title 10,
United States Code, for the same medication, after
consideration of all manufacturer discounts, refunds,
rebates, pharmacy transaction fees, and other costs.''; and
(5) in subsection (f), as redesignated by paragraph (3)--
(A) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) Briefing.--Not later than 90 days after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Secretary shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the implementation of the pilot
program under subsection (a)(1) or on the determination of
the Secretary under subsection (a)(2) that the Secretary is
not permitted to carry out the pilot program.''; and
(B) in paragraph (3)(A), by striking ``March 1, 2024'' and
inserting ``March 1, 2025''.
Subtitle B--Health Care Administration
SEC. 721. REVISIONS TO TRICARE PROVIDER NETWORKS.
(a) TRICARE Select.--Section 1075 of title 10, United
States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Authority for Multiple Networks in the Same
Geographic Area.--(1) The Secretary may establish a system of
multiple networks of providers under TRICARE Select in the
same geographic area or areas.
``(2) Under a system established under paragraph (1), the
Secretary may--
``(A) require covered beneficiaries enrolling in TRICARE
Select to enroll in a specific provider network established
under such system, in which case providers not in that
provider network are deemed to be out-of-network providers
under this section (even if they are in a different TRICARE
Select provider network) and under any other applicable
authorities limiting coverage of health care services or
certain terms for providing services to those provided by
network providers; and
``(B) include beneficiaries covered by subsection
(c)(2).''.
(b) TRICARE Prime.--Section 1097a of such title is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Authority for Multiple Networks in the Same
Geographic Area.--(1) The Secretary may establish a system of
multiple networks of providers under TRICARE Prime in the
same geographic area or areas.
``(2) Under a system established under paragraph (1), the
Secretary may require covered beneficiaries enrolling in
TRICARE Prime to enroll in a specific provider network
established under such system, in which case providers not in
that provider network are deemed to be out-of-network
providers (even if they are in a different TRICARE Prime
provider network) under applicable authorities limiting
coverage of health care services or certain terms for
providing services to those provided by network providers.''.
SEC. 722. IMPLEMENTATION OF AN INTEGRATED TRICARE PROGRAM
THROUGH EFFECTIVE MARKET MANAGEMENT.
(a) In General.--Not later than April 1, 2022, the
Secretary of Defense, acting through the Director of the
Defense Health Agency, shall implement integration of the
direct care and purchased care components of the TRICARE
program through effective management of geographic markets.
(b) Elements of Integration.--The integration actions
required by subsection (a) shall include the following
elements:
(1) Designation by the Director of the Defense Health
Agency of a single market manager for each geographic market
who shall--
(A) report to the Director, through the Assistant Director
for Health Care Administration;
(B) be under the authority, direction, and control of the
Director; and
(C) be responsible for the development and implementation
of a market management plan for the geographic market.
(2) Determinations by the Director, with the assistance of
the market manager for the geographic market concerned, that
in carrying out section 1073d of title 10, United States
Code, and section 703 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1073d
note), the TRICARE preferred provider network in the
geographic market has the capacity and capability to meet the
needs of
[[Page S8586]]
covered beneficiaries affected by the restructure or
realignment of infrastructure or modification of services of
the military medical treatment facility involved.
(3) Expeditious implementation of the requirements under
section 725 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1074 note)--
(A) to ensure that health care services provided through
military medical treatment facilities maintain the critical
wartime medical readiness skills and core competencies of
health care providers within the Armed Forces;
(B) to meet the health care needs of covered beneficiaries
under the TRICARE program, subject to meeting the medical
readiness requirements of the Armed Forces; and
(C) to maintain the level of care required by such section
in facilities in foreign countries.
(4) With respect to TRICARE Prime--
(A) development of a streamlined and effective system of
patient referrals for covered beneficiaries enrolled in
TRICARE Prime, particularly with respect to referrals from a
primary care provider in the TRICARE network to a specialty
care provider at a military medical treatment facility for
specialty care services available at the military medical
treatment facility; and
(B) continued operation of enrollment of covered
beneficiaries in TRICARE Prime in geographic areas where the
Director determines that such enrollment is appropriate to
support the effective operation of one or more military
medical treatment facilities.
(c) Definitions.--In this section:
(1) Covered beneficiary; tricare prime; tricare program.--
The terms ``covered beneficiary'', ``TRICARE Prime'', and
``TRICARE program'' have the meanings given those terms in
section 1072 of title 10, United States Code.
(2) Geographic market.--The term ``geographic market'',
with respect to the TRICARE program, has the meaning given
that term by the Director of the Defense Health Agency and
shall include one or more inpatient military medical
treatment facilities.
SEC. 723. ESTABLISHMENT OF CENTERS OF EXCELLENCE FOR ENHANCED
TREATMENT OF OCULAR INJURIES.
(a) In General.--Not later than October 1, 2022, the
Secretary of Defense, acting through the Director of the
Defense Health Agency, shall establish within the Defense
Health Agency not fewer than four regional centers of
excellence for the enhanced treatment of--
(1) ocular wounds or injuries; and
(2) vision dysfunction related to traumatic brain injury.
(b) Location of Centers.--Each center of excellence
established under subsection (a) shall be located at a
military medical center that provides graduate medical
education in ophthalmology and its related subspecialties and
shall be the primary center for providing specialized medical
services for vision for members of the Armed Forces in the
region in which the center of excellence is located.
(c) Policies for Referral of Beneficiaries.--Not later than
October 1, 2022, the Director of the Defense Health Agency
shall publish on a publicly available internet website of the
Department of Defense policies for the referral of eligible
beneficiaries of the Department to centers of excellence
established under subsection (a) for evaluation and
treatment.
(d) Identification of Medical Personnel Billets and
Staffing.--The Secretary of each military department, in
conjunction with the Joint Staff Surgeon and the Director of
the Defense Health Agency, shall identify specific medical
personnel billets essential for the evaluation and treatment
of ocular sensory injuries and ensure that centers of
excellence established under subsection (a) are staffed with
such personnel at the level required for the enduring medical
support of each such center.
(e) Report.--Not later than December 31, 2022, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report that--
(1) describes the establishment of each center of
excellence established under subsection (a), to include the
location, capability, and capacity of each center;
(2) describes the referral policy published by the Defense
Health Agency under subsection (c);
(3) identifies the medical personnel billets identified
under subsection (d); and
(4) Provides a plan for staffing of personnel at such
centers to ensure the enduring medical support of each such
center.
(f) Military Medical Center Defined.--In this section, the
term ``military medical center'' means a medical center
described in section 1073d(b) of title 10, United States
Code.
SEC. 724. 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. 725. REMOVAL OF REQUIREMENT FOR ONE YEAR OF
PARTICIPATION IN CERTAIN MEDICAL AND LIFESTYLE
INCENTIVE PROGRAMS OF THE DEPARTMENT OF DEFENSE
TO RECEIVE BENEFITS UNDER SUCH PROGRAMS.
Section 729 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1073 note) is
amended--
(1) in subsection (a)(1), by striking, ``in the previous
year'';
(2) in subsection (b), by striking, ``in the previous
year''; and
(3) in subsection (c), by striking, ``in the previous
year''.
SEC. 726. AUTHORITY OF SECRETARY OF DEFENSE AND SECRETARY OF
VETERANS AFFAIRS TO ENTER INTO AGREEMENTS FOR
PLANNING, DESIGN, AND CONSTRUCTION OF
FACILITIES TO BE OPERATED AS SHARED MEDICAL
FACILITIES.
(a) Authority of Secretary of Defense.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1104 the
following new section:
``Sec. 1104a. Shared medical facilities with Department of
Veterans Affairs
``(a) Agreements.--Secretary of Defense may enter into
agreements with the Secretary of Veterans Affairs for the
planning, design, and construction of facilities to be
operated as shared medical facilities.
``(b) Transfer of Funds by Secretary of Defense.--(1) The
Secretary of Defense may transfer to the Secretary of
Veterans Affairs amounts as follows:
``(A) For the construction of a shared medical facility,
amounts not in excess of the amount authorized under
subsection (a)(2) of section 2805 of this title, if--
``(i) the amount of the share of the Department of Defense
for the estimated cost of the project does not exceed the
amount authorized under such subsection; and
``(ii) the other requirements of such section have been met
with respect to funds identified for transfer.
``(B) For the planning, design, and construction of space
for a shared medical facility, amounts appropriated for the
Defense Health Program.
``(2) The authority to transfer funds under this section is
in addition to any other authority to transfer funds
available to the Secretary of Defense.
``(3) Section 2215 of this title does not apply to a
transfer of funds under this subsection.
``(c) Transfer of Funds to Secretary of Defense.--(1) Any
amount transferred to the Secretary of Defense by the
Secretary of Veterans Affairs for necessary expenses for the
planning, design, and construction of a shared medical
facility, if the amount of the share of the Department of
Defense for the cost of such project does not exceed the
amount specified in section 2805(a)(2) of this title, may be
credited to accounts of the Department of Defense available
for the construction of a shared medical facility.
``(2) Any amount transferred to the Secretary of Defense by
the Secretary of Veterans Affairs for the purpose of the
planning and design of space for a shared medical facility
may be credited to accounts of the Department of Defense
available for such purposes, and may be used for such
purposes.
``(3) Using accounts credited with transfers from the
Secretary of Veterans Affairs under paragraph (1), the
Secretary of Defense may carry out unspecified minor military
construction projects, if the share of the Department of
Defense for the cost of such project does not exceed the
amount specified in section 2805(a)(2) of this title.
``(d) Merger of Amounts Transferred.--Any amount
transferred to the Secretary of Veterans Affairs under
subsection (b) and any amount transferred to the Secretary of
Defense under subsection (c) shall be merged with and
available for the same purposes and the same period as the
appropriation or fund to which transferred.
``(e) Appropriation in Advance.--Amounts may be transferred
pursuant to the authority under this section only to the
extent and in the amounts provided in advance in
appropriations Acts.
``(f) Shared Medical Facility Defined.--In this section,
the term `shared medical facility'--
``(1) means a building or buildings, or a campus, intended
to be used by both the Department of Veterans Affairs and the
Department of Defense for the provision of health care
services, whether under the jurisdiction of the Secretary of
Veterans Affairs or the Secretary of Defense, and whether or
not located on a military installation or on real property
under the jurisdiction of the Secretary of Veterans Affairs;
and
``(2) includes any necessary building and auxiliary
structure, garage, parking facility, mechanical equipment,
abutting and covered sidewalks, and accommodations for
attending personnel.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1104 the following new
item:
``1104a. Shared medical facilities with Department of Veterans
Affairs.''.
(b) Authority of Secretary of Veterans Affairs.--
(1) In general.--Chapter 81 of title 38, United States
Code, is amended by inserting after section 8111A the
following new section:
``Sec. 8111B. Shared medical facilities with Department of
Defense
``(a) Agreements.--The Secretary of Veterans Affairs may
enter into agreements with the Secretary of Defense for the
planning, design, and construction of facilities to be
operated as shared medical facilities.
``(b) Transfer of Funds by Secretary of Veterans Affairs.--
(1) The Secretary of
[[Page S8587]]
Veterans Affairs may transfer to the Department of Defense
amounts appropriated to the Department of Veterans Affairs
for `Construction, minor projects' for use for the planning,
design, or construction of a shared medical facility if the
estimated share of the project costs of the Department of
Veterans Affairs does not exceed the amount specified in
section 8104(a)(3)(A) of this title.
``(2) The Secretary of Veterans Affairs may transfer to the
Department of Defense amounts appropriated to the Department
of Veterans Affairs for `Construction, major projects' for
use for the planning, design, or construction of a shared
medical facility if--
``(A) the estimated share of the project costs of the
Department of Veterans Affairs exceeds the amount specified
in section 8104(a)(3)(A) of this title; and
``(B) the other requirements of section 8104 of this title
have been met with respect to amounts identified for
transfer.
``(c) Transfer of Funds to Secretary of Veterans Affairs.--
(1) Any amount transferred to the Secretary of Veterans
Affairs by the Secretary of Defense for necessary expenses
for the planning, design, or construction of a shared medical
facility, if the estimated share of the project costs of the
Department of Veterans Affairs does not exceed the amount
specified in section 8104(a)(3)(A) of this title, may be
credited to the `Construction, minor projects' account of the
Department of Veterans Affairs and used for the necessary
expenses of constructing such shared medical facility.
``(2) Any amount transferred to the Secretary of Veterans
Affairs by the Secretary of Defense for necessary expenses
for the planning, design, or construction of a shared medical
facility, if the estimated share of the project costs of the
Department of Veterans Affairs exceeds the amount specified
in section 8104(a)(3)(A) of this title, may be credited to
the `Construction, major projects' account of the Department
of Veterans Affairs and used for the necessary expenses of
constructing such shared medical facility if the other
requirements of section 8104 of this title have been met with
respect to amounts identified for transfer.
``(d) Merger of Amounts Transferred.--Any amount
transferred to the Secretary of Defense under subsection (b)
and any amount transferred to the Secretary of Veterans
Affairs under subsection (c) shall be merged with and
available for the same purposes and the same period as the
appropriation or fund to which transferred.
``(e) Appropriation in Advance.--Amounts may be transferred
pursuant to the authority under this section only to the
extent and in the amounts provided in advance in
appropriations Acts.
``(f) Shared Medical Facility Defined.--In this section,
the term `shared medical facility'--
``(1) means a building or buildings, or a campus, intended
to be used by both the Department of Veterans Affairs and the
Department of Defense for the provision of health care
services, whether under the jurisdiction of the Secretary of
Veterans Affairs or the Secretary of Defense, and whether or
not located on a military installation or on real property
under the jurisdiction of the Secretary of Veterans Affairs;
and
``(2) includes any necessary building and auxiliary
structure, garage, parking facility, mechanical equipment,
abutting and covered sidewalks, and accommodations for
attending personnel.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 81 of such title is
amended by inserting after the item relating to section 8111A
the following new item:
``8111B. Shared medical facilities with Department of Defense.''.
SEC. 727. CONSISTENCY IN ACCOUNTING FOR MEDICAL
REIMBURSEMENTS RECEIVED BY MILITARY MEDICAL
TREATMENT FACILITIES FROM OTHER FEDERAL
AGENCIES.
(a) In General.--Section 1085 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``reimbursement''
and inserting ``charges for care'';
(2) by striking ``If a member'' and inserting ``(a)
Collection of Fees.--(1) If a member'';
(3) in subsection (a), as designated by paragraph (2)--
(A) by striking ``inpatient medical or dental care in a
facility'' and inserting ``inpatient or outpatient medical or
dental care at or through a facility'';
(B) by striking ``the appropriation for'' and inserting
``the executive department'';
(C) by striking ``shall be reimbursed'' and inserting
``shall charge and collect fees''; and
(D) by adding at the end the following new paragraph:
``(2) Amounts collected by an executive department under
paragraph (1) shall be credited to the appropriation account
currently available for obligation that is used to support
the maintenance and operation of facilities at or through
which the executive department provided the medical or dental
care described in such paragraph.''; and
(4) by adding at the end the following new subsections:
``(b) Establishment of Rates.--(1) If an executive
department incurs expenses in providing medical or dental
care described in paragraph (2) or (3), the executive
department may charge and collect fees at rates established
by the Secretary of such department to reflect the cost of
providing or making available the care, as determined by such
Secretary.
``(2) The care described in this paragraph is inpatient or
outpatient medical or dental care provided at or through a
facility under the jurisdiction of the Secretary of Defense
to a person who is entitled to receive medical or dental care
at a facility under the jurisdiction of another Federal
agency.
``(3) The care described in this paragraph is inpatient or
outpatient medical or dental care provided at or through a
facility under the jurisdiction of a Federal agency that is
not the Department of Defense to a person who--
``(A) is entitled to receive medical or dental care at a
facility under the jurisdiction of the Secretary of Defense
under section 1074 of this title; or
``(B) is a covered beneficiary, as that term is defined in
section 1072 of this title.
``(c) Relationship to Other Authorities.--Authority
provided by subsections (a)(1) and (b) may be exercised--
``(1) in conjunction with authority for healthcare resource
sharing provided to the Secretary of Defense and the
Secretary of Veterans Affairs for the mutually beneficial
coordination, use, or exchange of use of health care
resources under section 1104 of this title and section 8111
of title 38; and
``(2) in lieu of and notwithstanding section 717(c)(2) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 1071 note).''.
(b) 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 1085 and
inserting the following new item:
``1085. Medical and dental care from another executive department:
charges for care.''.
Subtitle C--Reports and Other Matters
SEC. 741. ACCESS BY UNITED STATES GOVERNMENT EMPLOYEES AND
THEIR FAMILY MEMBERS TO CERTAIN FACILITIES OF
DEPARTMENT OF DEFENSE FOR ASSESSMENT AND
TREATMENT OF ANOMALOUS HEALTH CONDITIONS.
(a) Assessment.--The Secretary of Defense shall provide to
employees of the United States Government and their family
members who the Secretary determines are experiencing
symptoms of certain anomalous health conditions, as defined
by the Secretary for purposes of this section, timely access
for medical assessment, subject to space availability, to the
National Intrepid Center of Excellence, an Intrepid Spirit
Center, or an appropriate military medical treatment
facility, as determined by the Secretary.
(b) Treatment.--With respect to an individual described in
subsection (a) diagnosed with an anomalous health condition
or a related affliction, whether diagnosed under an
assessment under subsection (a) or otherwise, the Secretary
of Defense shall furnish to the individual treatment for the
condition or affliction, subject to space availability, at
the National Intrepid Center of Excellence, an Intrepid
Spirit Center, or an appropriate military medical treatment
facility, as determined by the Secretary.
(c) Development of Process.--The Secretary of Defense, in
consultation with the heads of such Federal agencies as the
Secretary considers appropriate, shall develop a process to
ensure that employees from those agencies and their family
members are afforded timely access to the National Intrepid
Center of Excellence, an Intrepid Spirit Center, or an
appropriate military medical treatment facility pursuant to
subsection (a) by not later than 60 days after the date of
the enactment of this Act.
(d) Modification of Department of Defense Trauma
Registry.--The Secretary of Defense shall modify the Trauma
Registry of the Department of Defense to include data on the
demographics, condition-producing event, diagnosis and
treatment, and outcomes of anomalous health conditions
experienced by employees of the United States Government and
their family members assessed or treated under this section,
subject to an agreement by the employing agency and the
consent of the employee.
SEC. 742. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND.
Section 1704(e) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567), as
most recently amended by section 732 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1460)), is amended by striking ``September 30,
2021'' and inserting ``September 30, 2023''.
SEC. 743. COMPTROLLER GENERAL STUDY ON IMPLEMENTATION BY
DEPARTMENT OF DEFENSE OF RECENT STATUTORY
REQUIREMENTS TO REFORM THE MILITARY HEALTH
SYSTEM.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the implementation by the
Department of Defense of statutory requirements to reform the
military health system contained in a covered Act.
(2) Elements.--The study required by paragraph (1) shall
include the following elements:
(A) A compilation of a list of, and citation for, each
statutory requirement on reform of the military health system
contained in a covered Act.
[[Page S8588]]
(B) An assessment of the extent to which such requirement
was implemented, or is currently being implemented.
(C) An evaluation of the actions taken by the Department of
Defense to assess and determine the effectiveness of actions
taken pursuant to such requirement.
(D) Such other matters in connection with the
implementation of such requirement as the Comptroller General
considers appropriate.
(b) Briefing and Report.--
(1) Briefing.--Not later than May 1, 2022, the Comptroller
General shall brief the Committees on Armed Services of the
Senate and the House of Representatives on the status of the
study conducted under subsection (a).
(2) Report.--Not later than May 1, 2023, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
study conducted under subsection (a) that includes the
elements specified in paragraph (2) of such subsection.
(c) Covered Act Defined.--In this section, the term
``covered Act'' means any of the following:
(1) The William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(2) The National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92).
(3) The John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232).
(4) The National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91).
(5) The National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328).
(6) The National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92).
(7) The Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291).
(8) The National Defense Authorization Act for Fiscal Year
2014 (Public Law 113-66).
(9) The National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239).
(10) The National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. REPEAL OF PREFERENCE FOR FIXED-PRICE CONTRACTS.
Section 829 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2306 note) is
hereby repealed.
SEC. 802. IMPROVING THE USE OF AVAILABLE DATA TO MANAGE AND
FORECAST SERVICE CONTRACT REQUIREMENTS.
(a) Implementation Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the
Air Force and the Secretary of the Navy shall, except as
provided under subsection (b), commence implementation of
priority recommendation number 1 and priority recommendation
number 2, respectively, in the Government Accountability
Office report entitled, ``DOD Service Acquisition: Improved
Use of Available Data Needed to Better Manage and Forecast
Service Contract Requirements'' (GAO-16-119).
(b) Exceptions.--
(1) Delayed implementation.--The Secretary of the Air Force
or the Secretary of the Navy, as appropriate, may commence
implementation of an open recommendation described in
subsection (a) later than the date required under such
subsection if, not later than 180 days after the date of the
enactment of this Act, the Secretary concerned provides the
Committees on Armed Services of the Senate and the House of
Representatives with justification for the delay in
implementation of such recommendation.
(2) Nonimplementation.--The Secretary of the Air Force or
the Secretary of the Navy, as appropriate, may opt not to
implement an open recommendation described in subsection (a)
if, not later than 180 days after the date of the enactment
of this Act, the Secretary concerned provides the Committees
on Armed Services of the Senate and the House of
Representatives--
(A) the reasons for the decision not to implement the
recommendation; and
(B) a summary of the alternate actions the Secretary plans
to address the purposes underlying the recommendation.
(c) Implementation Plans.--As to a recommendation described
in subsection (a) that the Secretary of the Air Force or the
Secretary of the Navy, as appropriate, is implementing or
plans to implement, the Secretary concerned shall, not later
than 180 days after the date of the enactment of this Act,
submit to the Committees on Armed Services of the Senate and
the House of Representatives--
(1) a summary of actions that have been taken to implement
the recommendation; and
(2) a schedule, with specific milestones, for completing
implementation of the recommendation.
(d) Action by Secretary of Defense.--The Secretary of
Defense shall establish a mechanism to ensure that the
integration of services into the programming process and the
development of forecasts on service contract spending provide
Department leaders with consistent data.
(e) Amendments.--Section 2329 of title 10, United States
Code, is amended--
(1) in subsection (b)(5) by striking ``be included in the
future-years defense program submitted to Congress under
section 221 of this title'' and inserting ``include the
fiscal year and the period covered by the future-years
defense program submitted to Congress under section 221 of
this title for that fiscal year'';
(2) in subsection (c)(3)(C) by striking ``after the date of
the enactment of this subsection'' and inserting ``after
December 12, 2017'';
(3) in subsection (d)--
(A) by inserting ``(1)'' before ``Each Services
Requirements Review Board''; and
(B) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall develop and
disseminate standard guidelines within the Department of
Defense for the evaluation of requirements for services
contracts.''; and
(4) in subsection (g)(3) by striking ``dated January 5,
2016'' and inserting ``dated January 10, 2020''.
(f) Repeal of Obsolete Requirement.--
(1) In general.--Section 235 of title 10, United States
Code, is repealed.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 9 of title 10, United States Code, is
amended by striking the item relating to section 235.
SEC. 803. ASSESSMENT OF IMPEDIMENTS AND INCENTIVES TO
IMPROVING THE ACQUISITION OF COMMERCIAL
TECHNOLOGY, PRODUCTS, AND SERVICES.
(a) Assessment Required.--The Under Secretary of Defense
for Acquisition and Sustainment and the Chairman of the Joint
Requirements Oversight Council (JROC) shall jointly assess
impediments and incentives to fulfilling the goals of
sections 1906, 1907, and 3307 of title 41, United States
Code, and sections 2375, 2376, and 2377 of title 10, United
States Code, regarding preferences for commercial products
and services.
(b) Assessment Objective.--The objective of the assessment
is to enhance the innovation strategy of the Department of
Defense to compete effectively against peer adversaries by
rapidly adopting commercial advances in technology.
(c) Elements of Assessment.--The assessment shall include a
review of--
(1) policies, regulations, and oversight processes;
(2) acquisition workforce training and education;
(3) the role of requirements in determining acquisitions
pathways, including the ability to accommodate evolving
commercial functionality, new opportunities identified during
market research, and how phasing and uncertainty in
requirements are treated;
(4) the role of competitive procedures and source selection
procedures, including the ability to structure acquisitions
to accommodate multiple or unequal solutions;
(5) the role of planning, programming, and budgeting
structures and processes, including appropriations
categories;
(6) systemic biases in favor of custom solutions;
(7) risk to contracting officers and acquiring officials of
pursuing commercial products and services, and incentives and
disincentives for acquisition organizations; and
(8) potential reforms that do not impose additional
burdensome and time-consuming constraints on the acquisition
process.
(d) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary and the
Chairman of JROC shall brief the congressional defense
committees on the results of the required assessment and
actions undertaken to improve compliance with the statutory
preference for commercial products and services, including
any recommendations to Congress for legislative action.
SEC. 804. PILOT PROGRAM ON ACQUISITION PRACTICES FOR EMERGING
TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment or the Under Secretary's designee, shall
establish a pilot program to develop and implement unique
acquisition mechanisms for emerging technologies in order to
increase the speed of transition of emerging technologies
into acquisition programs or into operational use.
(b) Elements.--The pilot program shall include activities
to--
(1) identify and award not less than four agreements for
new projects to support high-priority defense modernization
activities, consistent with the National Defense Strategy,
with consideration given to--
(A) offensive missile capabilities;
(B) space-based assets;
(C) personnel and quality of life improvement; and
(D) energy generation and storage;
(2) develop a unique acquisition plan for each new project
identified pursuant to paragraph (1) that is significantly
novel from standard Department of Defense acquisition
practices, including the use of--
(A) alternative price evaluation models;
(B) alternative independent cost estimation methodologies;
(C) alternative market research methods;
(D) continuous assessment of performance metrics to measure
project value for use in program management and oversight;
(E) alternative intellectual property strategies, including
activities to support modular open systems architectures and
reducing life cycle and sustainment costs; and
(F) other alternative practices as identified by the
Secretary;
[[Page S8589]]
(3) execute the acquisition plans outlined in paragraph (2)
and award agreements in an expedited manner; and
(4) establish mechanisms for projects under the pilot
program to request permission to waive appropriate
Department, military service, or defense agency regulations,
directives, or policies not required by law, to support the
goals of the pilot program, including waivers of acquisition,
personnel, and technology transfer policies and practices.
(c) Project Cancellation.--The Secretary of Defense may
establish procedures to terminate agreements awarded under
the pilot program, including processes to notify the
congressional defense committees 30 days prior to a
termination.
(d) Pilot Program Advisory Group.--The Under Secretary
shall establish a pilot program advisory group to advise the
Under Secretary on the selection, management, elements, data
collection, and termination of projects, to include at
least--
(1) one member from each military department, appointed by
the Secretary of the military department concerned;
(2) one member appointed by the Under Secretary of Defense
for Research and Engineering;
(3) one member appointed by the Under Secretary of Defense
for Acquisition and Sustainment;
(4) one member appointed by the Director of the Strategic
Capabilities Office of the Department of Defense;
(5) one member appointed by the Director of the Defense
Advanced Research Projects Agency; and
(6) one member appointed by the Director of Operational
Test and Evaluation.
(e) Deadline for Appointment.--Members of the advisory
group shall be appointed not later than 30 days after the
date of the establishment of the pilot program under
subsection (a).
(f) Information to Congress.--
(1) Briefing requirement.--Not later than 180 days after
the date of the enactment of this Act, and not less than
annually thereafter, the Secretary shall provide to the
congressional defense committees a briefing on activities
under this section.
(2) Budget justification materials.--The Secretary shall
establish procedures to clearly identify all projects under
the pilot program in budget justification materials submitted
to the congressional defense committees.
(g) Data Requirements.--
(1) Collection and analysis of data.--The Secretary shall
establish mechanisms to collect and analyze data on the
execution of the pilot program for the purpose of--
(A) developing and sharing best practices for achieving
goals established for the pilot program;
(B) providing information to the Secretary and the
congressional defense committees on the execution of the
pilot; and
(C) providing information to the Secretary and the
congressional defense committees on related policy issues.
(2) Data strategy required.--The Secretary may not execute
the pilot program prior to completion of a data strategy and
plan to meet the requirements of this subsection.
(h) Termination.--The pilot program established under this
subsection shall terminate after all the projects identified
under subsection (b)(1) have been completed or cancelled by
the Department of Defense.
SEC. 805. ANNUAL REPORT ON HIGHEST AND LOWEST PERFORMING
ACQUISITION PROGRAMS OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later than January 31, 2023, and
annually thereafter, the Secretary of Defense shall submit to
the congressional defense committees a report that contains a
ranking of the five highest performing and five lowest
performing covered acquisition programs of the Department of
Defense.
(b) Ranking Criteria.--
(1) In general.--The Secretary of Defense, in consultation
with the Under Secretary of Defense for Acquisition and
Sustainment, the Service Acquisition Executives, and other
appropriate officials, shall determine the criteria to be
used for purposes of the rankings.
(2) Inclusion in report.--The Secretary of Defense shall
include in the report submitted under subsection (a) a
discussion of the specific ranking criteria determined under
paragraph (2), including a description of how those criteria
are consistent with best acquisition practices.
(c) Lowest Performing Acquisition Programs.--Not later than
April 1, 2023, and annually thereafter, the decision
authority for each of the five acquisition programs ranked as
the lowest performing in the report submitted under
subsection (a) for that year shall submit to the
congressional defense committees a report that includes the
following information for that acquisition program:
(1) A description of the factors that contributed to the
program's ranking as low performing.
(2) An assessment of the underlying causes of the program's
poor performance.
(3) A plan for addressing the program's challenges and
improving performance, including specific actions that will
be taken and proposed timelines for completing such actions.
(d) Definitions.--In this section:
(1) The term ``covered acquisition program'' means--
(A) a major defense acquisition program as defined in
section 2430 of title 10, United States Code; or
(B) an acquisition program, subprogram, or project that is
estimated by the Secretary of Defense to require an eventual
total expenditure described in section 2430(a)(1)(B) of title
10, United States Code.
(2) The term ``decision authority'' means the official
within the Department of Defense designated with the overall
responsibility and authority for acquisition decisions for
the program, subprogram, or project, including authority to
approve entry of the program, subprogram, or project into the
next phase of the acquisition process.
SEC. 806. SYSTEMS ENGINEERING DETERMINATIONS.
(a) In General.--Chapter 139 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2374b. Systems Engineering Determinations
``(a) Requirement.--The Secretary of Defense shall ensure
that any Department of Defense transaction entered into under
an authority described in subsection (b) includes System
Engineering Determinations as provided under subsection (c).
``(b) Covered Authorities.--The authorities described under
this subsection are as follows:
``(1) Section 2371 of this title for applied and advanced
research project transactions relating to weapons systems.
``(2) Section 2371b of this title for transactions relating
to weapons systems.
``(3) Section 2373 of this title.
``(4) Section 2358 of this title for transactions relating
to weapons systems.
``(c) Systems Engineering Determinations.--
``(1) Systems engineering determination `a'.--(A) The head
of the Department of Defense activity that has technical
oversight over a transaction covered under this section shall
identify, in writing, not later than 30 days after such
transaction is entered into, measurable success criteria
related to potential military applications to be demonstrated
not later than the final day of the transaction's period of
performance.
``(B) Not later than 30 days after the end of the period of
performance referred to in subparagraph (A), the head of
activity shall make one of the following determinations and
document such action in writing with notice provided to the
performer:
``(i) `Discontinue': Discontinue support, with rationale
noted.
``(ii) `Retain and extend': Retain within the activity and
extend the period of performance for a specified period of
time in order to achieve the stated success criteria.
``(iii) `Endorse and refer': Endorse the project and refer
it to the most appropriate Systems Engineering Command, based
on the technical attributes of the project and the associated
potential military applications, based on meeting or
exceeding the success criteria.
``(C) If the head of activity retained the project pursuant
to subparagraph (B)(ii), the head of activity shall, at the
end of the extension period--
``(i) take the action prescribed in subparagraph (B)(iii)
if the success criteria are met; or
``(ii) take the action prescribed in subparagraph (B)(i) if
the success criteria are not met.
``(2) Systems engineering determination `b'.--(A) Not later
than 30 days after receipt of a referral under paragraph
(1)(B)(iii), the head of the Systems Engineering Command
shall formulate a systems engineering plan with the
performer, the Department's technical experts, and
prospective Program Executive Officers.
``(B) The systems engineering plan required under
subsection (A) shall include the following:
``(i) Measurable baseline technical capability, based on
the success criteria met pursuant to paragraph (1)(B)(iii).
``(ii) Measurable transition technical capability, based on
the technical needs of the prospective Program Executive
Officers to support a current or future program of record.
``(iii) Discrete technical development activities necessary
to progress from the baseline capability to the transition
capability, including an approximate cost and schedule. Such
activities shall include a resolution of--
``(I) interfaces;
``(II) data rights;
``(III) government technical requirements;
``(IV) specific platform technical integration;
``(V) software development;
``(VI) component, subsystem, or system prototyping;
``(VII) scale models;
``(VIII) technical manuals;
``(IX) lifecycle sustainment needs; and
``(X) other needs identified by the Program Executive
Officers.
``(iv) Identification and commitment of funding sources to
complete the activities under clause (iii).
``(C) Not later than 30 days after the end of the schedule
identified in subparagraph (B), the head of the Systems
Engineering Command shall make one of the following
determinations and document such action in writing with
notice provided to the performer and prospective Program
Executive Officers:
``(i) `Discontinue': Discontinue support with rationale
noted.
[[Page S8590]]
``(ii) `Retain and extend': Retain within the Command and
extend the schedule for a specified period of time in order
to achieve stated transition criteria with specific remedial
or additional activities noted.
``(iii) `Endorse and refer':Endorse the item and refer to a
Program Executive Officer, based on meeting or exceeding the
transition criteria.
``(D) If the head of the Systems Engineering Command
retained the project pursuant to subparagraph (C)(ii), the
head of the Systems Engineering Command shall, at the end of
the extension period--
``(i) take the action prescribed in subparagraph (C)(iii)
if the transition criteria are met after such extension; or
``(ii) take the action prescribed in subparagraph (C)(i) if
the transition criteria are not met after such extension.
``(d) Systems Engineering Command Defined.--In this
section, the term `Systems Engineering Command' means the
specific Department of Defense activity that specializes in
the systems engineering of a system, subsystem, component, or
capability area, including--
``(1) the Naval Warfare Centers;
``(2) the Army Combat Capabilities Development Command
Centers; and
``(3) the Air Force Research Laboratory.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by adding
after the item relating to section 2374a the following new
item:
``2374b. Systems Engineering Determinations''.
(c) Future Transfer.--
(1) Transfer and redesignation.--Section 2374b of title 10,
United States Code, as added by subsection (a), is
transferred to chapter 301 of such title, added after section
4004, as transferred and redesignated by section 1841(a) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
and redesignated as section 4005.
(2) Clerical amendments.--
(A) Target chapter table of sections.--The table of
sections at the beginning of chapter 301 of title 10, United
States Code, as added by section 1841(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 4004 the
following new item:
``4005. Systems Engineering Determinations''.
(B) Origin chapter table of sections.--The table of
sections at the beginning of chapter 139 of title 10, United
States Code, as amended by subsection (a), is further amended
by striking the item relating to section 2374b.
(3) Conforming amendments to internal cross-references.--
Section 2374b(b) of title 10, United States Code, as added by
subsection (a), is amended--
(A) in paragraph (1), by striking ``section 2371'' and
inserting ``section 4002'';
(B) in paragraph (2), by striking ``section 2371b'' and
inserting ``section 4003''; and
(C) in paragraph (3), by striking ``section 2373'' and
inserting ``section 4004''.
(4) Effective date.--The transfer, redesignation, and
amendments made by this subsection shall take effect on
January 1, 2022.
(5) 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.
(d) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations to carry out section 4005 of title 10,
United States Code, as added by subsection (a) and
transferred and redesignated by subsection (c).
(e) Briefing Required.--Not later than 60 days after the
date of enactment of this Act, the Secretary of Defense shall
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives with a detailed plan
to implement this section.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. RECOMMENDATIONS ON THE USE OF OTHER TRANSACTION
AUTHORITY.
(a) Review and Recommendations Required.--The Secretary of
Defense shall review the current use, authorities,
regulations, and policies relative to the use of other
transaction authority under sections 2371 and 2371b of title
10, United States Code, and assess the merits of modifying or
expanding such authorities with respect to--
(1) the inclusion in such transactions for the government
and contractors to include force majeure provisions to deal
with unforeseen circumstances in execution of the
transaction;
(2) the determination of an entity's traditional or
nontraditional status based on the entity's parent company or
that of its majority owner;
(3) the determination of an entity's traditional or
nontraditional status based on the entity's status as a 100-
percent employee stock ownership plan;
(4) the ability of the Department of Defense to award
agreements for prototypes with all of the costs of the
prototype provided by the private sectors partners, to allow
for expedited transition into follow-on production agreements
for appropriate technologies;
(5) the ability of the Department of Defense to award
agreements for procurement, including without the need for
prototyping;
(6) the ability of the Department of Defense to award
agreements for sustainment of capabilities, including without
the need for prototyping;
(7) the ability of the Department of Defense to award
agreements to support the organic industrial base;
(8) the ability of the Department of Defense to award
agreements for prototyping of services or acquisition of
services;
(9) the need for alternative authorities or policies to
more effectively and efficiently execute agreements with
private sector consortia;
(10) the ability of the Department of Defense monitor and
report on individual awards made under consortium-based other
transactions; and
(11) other issues as identified by the Secretary.
(b) Issues Identified and Recommendations for Changes to
Policies or Authorities.--For each of the areas under
subsection (a), the Secretary shall--
(1) identify relevant issues and challenges under current
other transaction authority;
(2) discuss the advantages and disadvantages of modifying
or expanding other transaction authority to address issues
identified by the review;
(3) identify policy changes that will be made to address
issues identified by the review;
(4) make recommendations to the congressional defense
committees for new or modified statutory authorities to
address issues identified by the review; and
(5) provide such other information as determined
appropriate.
(c) Report.-- Not later than December 31, 2022, the
Secretary of Defense shall submit to the congressional
defense committees a report describing activities undertaken
pursuant to this section, as well as issues identified,
policy changes proposed, justification for any proposed
changes, and recommendations for legislative changes.
SEC. 812. MODIFIED CONDITION FOR PROMPT CONTRACT PAYMENT
ELIGIBILITY.
Section 2307(a)(2)(B) of title 10, United States Code, as
amended by the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is further amended by striking ``if the prime contractor
agrees or proposes to make payments to the subcontractor''
and inserting ``if the prime contractor agrees to make
payments to the subcontractor''.
SEC. 813. EXCLUSION OF CERTAIN SERVICES FROM
INTERGOVERNMENTAL SUPPORT AGREEMENTS FOR
INSTALLATION-SUPPORT SERVICES.
Section 2679(a)(3) of title 10, United States Code, is
amended--
(1) by striking ``used when the Secretary concerned'' and
inserting ``used when--
``(A) the Secretary concerned'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(B) the installation-support services are not included on
the procurement list established pursuant to section 8503 of
title 41.''.
SEC. 814. MODIFICATION OF PRIZE AUTHORITY FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
Section 2374a of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``, including
procurement agreements,'' after ``other types of prizes'';
(2) in subsection (b), in the first sentence, by inserting
``and for the selection of recipients of procurement
agreements'' after ``cash prizes''; and
(3) in subsection (c)(1), by inserting ``without the
approval of the Under Secretary of Defense for Research and
Engineering'' before the period at the end.
SEC. 815. COST OR PRICING DATA REPORTING IN DEPARTMENT OF
DEFENSE CONTRACTS.
Section 2306a(a)(6) of title 10, United States Code, as
amended by the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is further amended--
(1) by striking ``Upon the request of a contractor that was
required to submit cost or pricing data under paragraph (1)''
and inserting ``Under paragraph (1),''; and
(2) by striking ``modify the contract to reflect
subparagraphs (B)(ii) and (C)(ii) of paragraph (1). All such
modifications shall be made without requiring consideration''
and inserting ``modify the contract as soon as practicable to
reflect subparagraphs (B) and (C) of paragraph (1), without
requiring consideration''.
SEC. 816. AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL PRODUCTS
AND SERVICES USING GENERAL SOLICITATION
COMPETITIVE PROCEDURES.
(a) Authority.--
(1) In general.--Chapter 140 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2380c. Authority to acquire innovative commercial
products and services using general solicitation
competitive procedures
``(a) Authority.--The Secretary of Defense may acquire
innovative commercial products
[[Page S8591]]
and services through a competitive selection of proposals
resulting from a general solicitation and the peer review of
such proposals.
``(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures under subsection (a)
shall be considered to be use of competitive procedures for
purposes of chapter 137 of this title.
``(c) Limitations.--(1) The Secretary may not enter into a
contract or agreement in excess of $100,000,000 using the
authority under subsection (a) without a written
determination from the Under Secretary of Defense for
Acquisition and Sustainment or the relevant service
acquisition executive of the efficacy of the effort to meet
mission needs of the Department of Defense or the relevant
military department.
``(2) Contracts or agreements entered into using the
authority under subsection (a) shall be fixed-price,
including fixed-price incentive fee contracts.
``(3) Notwithstanding section 2376(1) of this title,
products and services acquired using the authority under
subsection (a) shall be treated as commercial products and
services.
``(d) Congressional Notification Required.--(1) Not later
than 45 days after the award of a contract for an amount
exceeding $100,000,000 using the authority in subsection (a),
the Secretary of Defense shall notify the congressional
defense committees of such award.
``(2) Notice of an award under paragraph (1) shall include
the following:
``(A) Description of the innovative commercial product or
service acquired.
``(B) Description of the requirement, capability gap, or
potential technological advancement with respect to which the
innovative commercial product or service acquired provides a
solution or a potential new capability.
``(C) Amount of the contract awarded.
``(D) Identification of contractor awarded the contract.
``(e) Innovative Defined.--In this section, the term
`innovative' means--
``(1) any technology, process, or method, including
research and development, that is new as of the date of
submission of a proposal; or
``(2) any application that is new as of the date of
submission of a proposal of a technology, process, or method
existing as of such date.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 140 of title 10, United States Code, is
amended by inserting after the item relating to section 2380b
the following new item:
``2380c. Authority to acquire innovative commercial products and
services using general solicitation competitive
procedures.''.
(b) Future Transfer.--
(1) Transfer and redesignation.--Section 2380c of title 10,
United States Code, as added by subsection (a), is
transferred to chapter 247 of such title, added after section
3457, as transferred and redesignated by section 1841(a) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
and redesignated as section 3458.
(2) Clerical amendments.--
(A) Target chapter table of sections.--The table of
sections at the beginning of chapter 247 of title 10, United
States Code, as added by section 1821(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 3457 the
following new item:
``3458. Authority to acquire innovative commercial products and
services using general solicitation competitive
procedures.''.
(B) Origin chapter table of sections.--The table of
sections at the beginning of chapter 140 of title 10, United
States Code, as amended by subsection (a), is further amended
by striking the item relating to section 2380c.
(3) Conforming amendments to internal cross-references.--
Section 2380c of title 10, United States Code, as added by
subsection (a), is amended--
(A) in subsection (b), by striking ``chapter 137'' and
inserting ``chapter 221''; and
(B) in subsection (c)(3), by striking ``section 2376(1)''
and inserting ``section 3451(1)''.
(4) Effective date.--The transfer, redesignation, and
amendments made by this subsection shall take effect on
January 1, 2022.
(5) 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.
(c) Repeal of Obsolete Authority.--Section 879 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 2302 note) is hereby repealed.
SEC. 817. REPORTING REQUIREMENT FOR DEFENSE ACQUISITION
ACTIVITIES.
(a) Procedures for Identifying Certain Acquisition
Agreements and Activities.--The Secretary of Defense shall
establish procedures to identify all agreements awarded to
entities through the use of a consortia (including agreements
pursuant to the authorities under section 2371 and 2371b of
title 10, United States Code), individual task orders awarded
under a task order contract (as defined in section 2304d of
title 10, United States Code), and individual task orders
issued to a federally funded research and development center.
(b) Reporting.--Not later than one year after the date of
the enactment of this Act, and not less than annually
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on the use of
agreements and activities described in subsection (a) and
associated funding.
(c) Publication of Information.--Not later than one year
after the date of enactment of this Act, the Secretary of
Defense shall establish procedures to publically release
information on individual agreements and activities described
in subsection (a) and associated funding, unless such
disclosure is deemed inappropriate for individual agreements
based on national security concerns.
SEC. 818. DEPARTMENT OF DEFENSE CONTRACTOR PROFESSIONAL
TRAINING MATERIAL DISCLOSURE REQUIREMENTS.
(a) Prohibition.--Effective immediately, each contractor
who enters or has entered into a contract with the Department
of Defense to provide goods or services shall make publicly
available online at its website all diversity, equal
opportunity, equity, inclusion, or tolerance training
materials or internal policies, including syllabi, online
sources, suggested reading lists, guest speakers and
lecturers, instructor lists, internal policy memos, workshop
descriptions, outside organizational funding, or other
educational or professional materials for review and
identification of Critical Race Theory or similar theoretical
instruction in a timely manner. Should the contractor have no
online presence, the contractor shall provide the materials
in hard copy format to the Office of the Under Secretary of
Defense for Acquisition and Sustainment in a timely manner.
(b) Covered Theories.--The theories associated with
Critical Race Theory and similar theories referred to in
subsection (a) are the following theories:
(1) Any race is inherently superior or inferior to any
other race.
(2) The United States of America is a fundamentally racist
country.
(3) The Declaration of Independence or the United States
Constitution are fundamentally racist documents.
(4) An individual's moral character or worth is determined
by his or her race.
(5) An individual, by virtue of his or her race, is
inherently racist or oppressive, whether consciously or
unconsciously.
(6) An individual, because of his or her race, bears
responsibility for the actions committed by other members of
his or her race.
SEC. 819. REPORT ON PLACE OF PERFORMANCE REQUIREMENTS.
(a) Guidance and Training.--Not later than July 1, 2022,
the Secretary of Defense shall implement guidance and
necessary training to improve data reporting on contract
place of performance.
(b) Report.--
(1) In general.--Not later than July 1, 2022, the Secretary
of Defense shall submit to the congressional defense
committees a report regarding place of performance
requirements in Department of Defense contracts.
(2) Elements.--The report required under subsection (a)
shall include the following elements:
(A) A description of the criteria that is considered when
place of performance language is included in a contract.
(B) The percentage of contracts awarded on a yearly basis
from fiscal year 2016 to fiscal year 2020 that included place
of performance clauses.
(C) An assessment of the extent to which revisions to
guidance or regulations related to the use of place of
performance clauses could improve the Department of Defense's
effectiveness and efficiency, including a description of such
revisions.
SEC. 820. MULTIYEAR CONTRACT AUTHORITY FOR DEFENSE
ACQUISITIONS SPECIFICALLY AUTHORIZED BY LAW.
Section 2306b(i)(3) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(H) The quantity of end items that would be procured with
such contract in each fiscal year of the future years defense
program at the time of contract award will not decrease
during the contract period of performance without prior
approval from the congressional defense committees.''.
Subtitle C--Industrial Base Matters
SEC. 831. ADDITION OF CERTAIN ITEMS TO LIST OF HIGH PRIORITY
GOODS AND SERVICES FOR ANALYSES,
RECOMMENDATIONS, AND ACTIONS RELATED TO
SOURCING AND INDUSTRIAL CAPACITY.
Section 849 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in subsection (a)(1)(A)--
(A) by redesignating clauses (ii), (iii), and (iv) as
clauses (iii), (iv), and (v), respectively; and
(B) by inserting after clause (i) the following new clause:
``(ii) producers in the United States;''; and
(2) in subsection (c), by adding at the end the following
new paragraphs:
``(14) Beef products born, raised, and slaughtered in the
United States.
``(15) Molybdenum and molybdenum alloys.
``(16) Optical transmission equipment, including optical
fiber and cable equipment.
[[Page S8592]]
``(17) Armor on tactical ground vehicles.
``(18) Graphite processing.''.
SEC. 832. PROHIBITION ON ACQUISITION 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:
``Sec. 2339d. Prohibition on acquisition 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 in
any covered nation.
``(b) Applicability.--Subsection (a) shall apply to prime
contracts and subcontracts at any tier.
``(c) Exceptions.--Subsection (a) does not apply under the
following circumstances:
``(1) 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.
``(2) The procurement of a covered item for use outside of
the United States.
``(3) Purchases for amounts not greater than $150,000. 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 disease, such as by exposure to infected
individuals or contamination or infection by infectious
material (including surgical masks, respirator masks and
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 acquisition 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 acquisition 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. 833. FURTHER PROHIBITION ON ACQUISITION OF SENSITIVE
MATERIALS.
(a) In General.--Section 2533c of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by inserting ``or by any covered
company'' after ``covered nation''; and
(2) in subsection (d)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Covered company.--The term `covered company' means--
``(A) any company or joint venture registered outside of
the United States that--
``(i) is partially or fully owned by any state-owned entity
from a covered nation; or
``(ii) is 5 percent or more owned by private investors from
any covered nation;
``(B) any company or joint venture registered inside the
United States that--
``(i) is partially or fully owned by a state-owned entity
from a covered nation; or
``(ii) has entered, after the date of enactment of this
paragraph, into an agreement or condition with the Committee
on Foreign Investment in the United States under paragraph
(l)(3)(A) of section 4565 of title 50, United States Code,
that does not specifically refer to this section and provide
that the company shall be eligible to supply covered products
under this section; or
``(C) any other company that the President determines to be
a threat to the security of supply of any covered
material.''.
(b) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe such regulations as are necessary to carry out
section 2533c of title 10, United States Code, as amended by
this section.
SEC. 834. REQUIREMENT FOR INDUSTRY DAYS AND REQUESTS FOR
INFORMATION TO BE OPEN TO ALLIED DEFENSE
CONTRACTORS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, each service acquisition executive
shall publish a default requirement that industry days and
requests for information for acquisition programs and
research and development efforts shall to the maximum extent
practicable be open to defense contractors from the national
technology and industrial base (NTIB), including when such
contractors are acting as subcontractors in partnership with
a United States contractor, provided such access is granted
only if the Secretary determines that there is reciprocal
access for United States companies to equivalent information
related to contracting opportunities in the associated NTIB
country.
(b) National Technology and Industrial Base.--In this
section, the term ``national technology and industrial base''
has the meaning given the term in section 2500 of title 10,
United States Code.
SEC. 835. ASSESSMENT OF REQUIREMENTS FOR CERTAIN ITEMS TO
ADDRESS SUPPLY CHAIN VULNERABILITIES.
(a) Definitions.--In this section, the term ``dual use''
has the meaning given in section 2500 of title 10, United
States Code.
(b) Assessment.--The Secretary of Defense shall assess the
Department of Defense's requirements for dual-use items
covered by section 2533a of title 10, United States Code.
(c) Report.--Not later than October 1, 2022, the Secretary
of Defense shall submit a report to the congressional defense
committees with the Department's findings, in publicly
releasable and controlled formats as necessary.
(d) Policies.--The Secretary of Defense shall, to the
extent practicable, develop or revise relevant policies to
reduce fluctuations in the Department's annual procurements
of dual-use items.
SEC. 836. REQUIREMENT THAT CERTAIN PROVIDERS OF SYSTEMS TO
DEPARTMENT OF DEFENSE DISCLOSE THE SOURCE OF
PRINTED CIRCUIT BOARDS WHEN SOURCED FROM
CERTAIN COUNTRIES.
(a) Definitions.--In this section:
(1) The term ``covered nation'' includes the following:
(A) The People's Republic of China.
(B) The Russian Federation.
(C) The Democratic People's Republic of North Korea.
(D) The Islamic Republic of Iran.
(2) The term ``covered system'' means any item, including
commercial items and commercially available off-the-shelf
items, notwithstanding section 2375 of title 10, United
States Code, that is--
(A) a national security system, as defined in section 3552
of title 44, United States Code; or
(B) a system other than a national security system that
transmits or stores classified information, including--
(i) data communications and storage, including servers,
switches, and networking systems, but excluding personal data
storage devices, personal computers, desktop computers, and
tablets; and
(ii) any other systems that the Secretary determines should
be covered.
(3) The term ``manufactured and assembled'', with respect
to a printed circuit board, includes all actions from the
fabrication of the printed circuit board from raw materials
to the integration of the completed printed circuit board in
an end item or component of an end item.
(b) Disclosure.--The Secretary of Defense shall require any
provider of a covered system to provide to the Department of
Defense, along with delivery of the covered system, a list of
the printed circuit boards in the covered system that
includes, for each printed circuit board, an attestation of
whether--
(1) the printed circuit board was partially or fully
manufactured and assembled in a covered nation;
(2) the printed circuit board was fully manufactured and
assembled outside of a covered nation; or
(3) the provider cannot determine where the printed circuit
board was manufactured and assembled.
(c) Regulations.--Not later than October 1, 2022, the
Secretary of Defense shall promulgate such regulations as are
necessary to carry out this section, including a process to
[[Page S8593]]
ensure that proprietary information is appropriately
protected by the Department of Defense.
(d) Plan Required.--Not later than October 1, 2022, the
Secretary of Defense shall submit a plan for the
implementation of this provision to the congressional defense
committees.
SEC. 837. EMPLOYMENT TRANSPARENCY REGARDING INDIVIDUALS WHO
PERFORM WORK IN THE PEOPLE'S REPUBLIC OF CHINA.
(a) Disclosure Requirements.--
(1) Initial disclosure.--
(A) In general.--The Secretary of Defense shall require any
covered entity to disclose if the entity employs one or more
individuals who will perform work in the People's Republic of
China on a covered contract when it submits a bid or proposal
for a covered contract.
(B) Matters to be included.--Each disclosure under
subparagraph (A) shall include--
(i) the total number of employees who will perform work in
the People's Republic of China funded by the Department of
Defense; and
(ii) a description of the physical presence in the People's
Republic of China that meets the definition of a covered
entity under subsection (d)(2).
(2) Recurring disclosures.--
(A) In general.--The Secretary of Defense shall require any
covered entity that is party to one or more covered contracts
to disclose for fiscal year 2023 and 2024 if the entity
employs one or more individuals who perform work in the
People's Republic of China on such contracts.
(B) Matters to be included.--Each disclosure under
subparagraph (A) shall include--
(i) the total number of employees who will perform work in
the People's Republic of China funded by the Department of
Defense; and
(ii) a description of the physical presence in the People's
Republic of China that meets the definition of a covered
entity under subsection (d)(2).
(3) Availability to public.--All disclosures filed under
paragraphs (1) and (2) shall be available to the public
through an internet website of the Department of Defense that
is accessible to the public.
(b) Funding for Covered Entities.--The Secretary of Defense
shall not award or renew a covered contract with a covered
entity unless the disclosures required under subsection (a)
are submitted.
(c) Quarterly Briefing.--Beginning on or around January 1,
2023, the Secretary of Defense shall provide quarterly
briefings to the congressional defense committees on
activities under this section, including a description of the
amount, length, source, recipient, and intended purpose of
covered contracts awarded to covered entities that employ one
or more individuals who will perform work in the People's
Republic of China funded by the Department of Defense.
(d) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means
any Department of Defense contract or subcontract with a
value in excess of $5,000,000, excluding contracts for
commercial products or services.
(2) Covered entity.--The term ``covered entity'' means any
corporation, company, limited liability company, limited
partnership, business trust, business association, or other
similar entity, including any subsidiary or affiliate
thereof, participating in the performance of work under a
covered contract in the People's Republic of China, including
by--
(A) employing one or more individuals performing work under
the contract, including as employees, independent
contractors, or through similar arrangements, who physically
work in and reside in the People's Republic of China; or
(B) leasing or owning real property used in the performance
of the contract in the People's Republic of China.
Subtitle D--Small Business Matters
SEC. 841. CLARIFICATION OF DUTIES OF DIRECTOR OF SMALL
BUSINESS PROGRAMS.
Section 144(c)(1) of title 10, United States Code, is
amended by inserting ``to strengthen small businesses in the
national technology and industrial base'' after ``exercise
such powers regarding these programs''.
SEC. 842. DATA ON PHASE III SMALL BUSINESS INNOVATION
RESEARCH AND SMALL BUSINESS TECHNOLOGY TRANSFER
PROGRAM AWARDS.
(a) Definitions.--In this section, the terms ``Phase I'',
``Phase II'', ``Phase III'', ``SBIR'', and ``STTR'' have the
meanings given those terms in section 9(e) of the Small
Business Act (15 U.S.C. 638(e)).
(b) Data on Phase III Awards.--For each fiscal year, the
Secretary of each military department shall collect and
submit to the President for inclusion in the budget submitted
to Congress under section 1105 of title 31, United States
Code, for the fiscal year data on the Phase III awards under
the SBIR and STTR programs of the military department, which
shall include--
(1) the cumulative funding amount for Phase III awards;
(2) the number of Phase III award topics;
(3) the total funding obligated for Phase III awards by
State;
(4) the original Phase I or II award topics and the
associated Phase III contracts awarded; and
(5) where possible, an identification of the specific
program executive office involved in each Phase III
transition.
SEC. 843. PILOT PROGRAM TO INCENTIVIZE EMPLOYEE OWNERSHIP IN
DEFENSE CONTRACTING.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Qualified business wholly-owned through an employee
stock ownership plan.--The term ``qualified businesses
wholly-owned through an Employee Stock Ownership Plan'' means
an S corporation (as defined in section 1361(a)(1) of the
Internal Revenue Code of 1986) for which 100 percent of the
outstanding stock is held through an employee stock ownership
plan (as defined in section 4975(e)(7) of the Internal
Revenue Code).
(b) Authority to Use Noncompetitive Procedures for Follow-
on Contracts to Qualified Businesses Wholly Owned Through an
Employee Stock Ownership Plan.--Notwithstanding the
requirements of section 2304 of title 10, United States Code,
in the case of a follow-on contract for the continued
development, production, or provision of products or services
that are the same as or substantially similar to the products
or services procured by the Department of Defense under a
prior contract held by a qualified business wholly owned
through an Employee Stock Ownership Plan, such products or
services may be deemed to be available only from the holder
of the prior contract and may be procured by the Department
of Defense through procedures other than competitive
procedures if the performance of the qualified business
wholly owned through an Employee Stock Ownership Plan on the
prior contract was rated as satisfactory (or the equivalent)
or better in the applicable past performance database.
(c) Verification and Reporting of Qualified Businesses
Wholly Owned Through an Employee Stock Ownership Plan.--The
Secretary of Defense shall prescribe such procedures as may
be necessary for--
(1) businesses to verify that they are qualified businesses
wholly owned through an Employee Stock Ownership Plan for the
purposes of subsection (b) using existing Federal reporting
mechanisms;
(2) a qualified businesses wholly owned through an Employee
Stock Ownership Plan to certify that not more than 50 percent
of the amount paid under the contract will be expended on
subcontracts, subject to such necessary and reasonable
waivers as the Secretary may prescribe; and
(3) recording information on each use of the authority
under subsection (b), including details relevant to the
nature of the contract and the qualified business wholly
owned through an Employee Stock Ownership Plan, and providing
such information to the Comptroller General of the United
States.
(d) Data.--(1) The Secretary shall establish mechanisms to
collect and analyze data on the execution of the pilot
program for the purposes of--
(A) developing and sharing best practices for achieving
goals established for the pilot program established under
this section;
(B) providing information to leadership and the
congressional defense committees on the execution of the
pilot program, including--
(i) company size;
(ii) performance of contract; and
(iii) other information as determined effective or
necessary; and
(C) providing information to leadership and the
congressional defense committees on related policy issues.
(2) The Secretary may not execute the pilot program prior
to completion of a data strategy and plan to meet the
requirements of this subsection.
(e) Sunset.--The authority under subsection (b) shall
expire on the date that is five years after the date of the
enactment of this Act.
(f) Comptroller General of the United States Report.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report on the individual and aggregate uses of the
authority under subsection (b), using such data as may be
available up to that time.
(2) Elements.--The report under paragraph (1) shall include
the following elements:
(A) An assessment of the frequency and nature of the use of
the authority under subsection (b).
(B) An assessment of the impact of such programs in
supporting the National Defense Strategy.
(C) The number of businesses to become qualified businesses
wholly owned through an Employee Stock Ownership Plan in
order to qualify for the authority under subsection (b) and
factors that influenced the decision.
(D) Acquisition authorities that could incentivize
businesses to become qualified businesses wholly owned
through an Employee Stock Ownership Plan, including the
extension of the authority under subsection (b).
(E) Any related matters the Comptroller General considers
appropriate.
[[Page S8594]]
Subtitle E--Other Matters
SEC. 851. TECHNOLOGY PROTECTION FEATURES ACTIVITIES.
(a) In General.--Section 2357 of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) by inserting ``(1)'' before ``Any'';
(B) by adding at the end the following new paragraph:
``(2) If the designated system receives Milestone B
approval, then the contractor's portion of the costs,
described in paragraph (1), may be treated as allowable
independent research and development costs.''; and
(2) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (4); and
(B) by inserting after paragraph (1) the following new
paragraphs:
``(2) The term `independent research and development costs'
has the meaning given the term in section 2372 of this title.
``(3) The term `Milestone B approval' has the meaning given
the term in section 2336(e)(7) of this title''.
(b) Conforming Regulations.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall revise the Department of Defense Supplement to
the Federal Acquisition Regulation to conform with section
2357 of title 10, United States Code, as amended by
subsection (a).
SEC. 852. INDEPENDENT STUDY ON TECHNICAL DEBT IN SOFTWARE-
INTENSIVE SYSTEMS.
(a) Study Required.--Not later than July 1, 2022, the
Secretary of Defense shall enter into an agreement with a
federally funded research and development center to study
technical debt in software-intensive systems.
(b) Study Elements.--The study required under subsection
(a) shall include analyses and recommendations on the
following elements:
(1) Qualitative and quantitative measures which can be used
to identify a desired future state for software-intensive
programs.
(2) Qualitative and quantitative measures that can be used
to assess technical debt.
(3) Policies for data access to identify and assess
technical debt and best practices for programs to make such
data appropriately available for use.
(4) Forms of technical debt which are suitable for
objective or subjective analysis.
(5) Current practices of Department of Defense software-
intensive programs to track and use data related to technical
debt.
(6) Appropriate individuals or organizations that should be
responsible for the identification and assessment of
technical debt, including the organization responsible for
independent assessments.
(7) Scenarios, frequency, or program phases when technical
debt should be assessed.
(8) Best practices to identify and assess technical debt.
(9) Best practices to monitor the accumulating costs of
technical debt.
(10) Criteria to support decisions by program officials on
whether to incur, carry, or reduce technical debt.
(11) Practices for the Department of Defense to
incrementally adopt to initiate practices for managing
technical debt.
(c) Access to Data and Records.--The Secretary shall ensure
that the federally funded research and development center
selected shall have sufficient resources and access to
technical data, individuals, organizations, and records
necessary to complete the study required under this section.
(d) Report Required.--Not later than 18 months after
entering the agreement under subsection (a), the Secretary
shall submit to the congressional defense committees a report
on the study required under subsection (b), along with any
additional information and views as desired in publicly
releasable and unclassified forms. The Secretary may also
include a classified annex to the study as necessary.
(e) Briefing Required.--Not later than April 1, 2022, the
Secretary shall provide a briefing to the congressional
defense committees on activities undertaken and planned, any
barriers, and resources to be provided to execute activities
under this section.
SEC. 853. DETERMINATION WITH RESPECT TO OPTICAL FIBER
TRANSMISSION EQUIPMENT FOR DEPARTMENT OF
DEFENSE PURPOSES.
(a) Determination.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
review optical transmission equipment, including optical
fiber and cable equipment, for potential inclusion on the
list of covered communications equipment pursuant to section
2 of the Secure and Trusted Communications Networks Act of
2019 (47 U.S.C. 1601), and make a determination as to whether
or not such equipment should be included on the list.
(b) Notification Requirement.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall notify the congressional defense committees of
the findings of the review and determination required under
subsection (a).
SEC. 854. TWO-YEAR EXTENSION OF SELECTED ACQUISITION REPORT
REQUIREMENT.
(a) Extension.--Section 2432(j) of title 10, United States
Code, is amended by striking ``fiscal year 2021'' and
inserting ``fiscal year 2023''.
(b) Demonstration Required.--
(1) In general.--Not later than March 1, 2022, the
Secretary of Defense shall provide to the congressional
defense committees a demonstration of the full operational
capability of the reporting system that will replace the
Selected Acquisition Report requirements under section 2432
of title 10, United States Code, as amended by subsection
(a).
(2) Elements.-- The demonstration required under paragraph
(1) shall incorporate the following elements:
(A) The findings of the report required under section
830(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1492).
(B) A demonstration of the replacement reporting system's
full suite of data sharing capabilities that can be accessed
by authorized external users, including the congressional
defense committees, for a range of programs across
acquisition categories, including those selected under
section 831 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1492).
(C) The plan required under subsection (c).
(c) Plan Required.--
(1) In general.--Not later than February 1, 2022, the
Secretary of Defense, in consultation with the Secretaries of
the military departments, the Under Secretary of Defense
(Comptroller), and the Director of Cost Assessment and
Program Evaluation, shall deliver to the congressional
defense committees the Department of Defense's plan for
reporting to the congressional defense committees on
acquisition programs.
(2) Objectives.--The plan required under paragraph (1)
shall ensure that reporting--
(A) addresses program progress against cost, schedule, and
performance goals and provides an assessment of program
risks; and
(B) includes annual reporting, at a minimum, and provides
continuous or periodic updates for external users, as
appropriate, to increase the efficiency of and reduce the
bureaucratic burdens for reporting data and information on
acquisition programs.
(3) Elements.--The plan shall include the following
elements:
(A) The types of programs to be included in reporting,
including the dollar value threshold for reporting, and the
acquisition methodologies and pathways that are to be
included.
(B) The planned reporting schedule, including when reports
will be available to external users and the intervals at
which data will be updated.
(C) The specific data elements to be included in reporting
to assess program performance and associated risks, to
include, at a minimum, software development and cybersecurity
risks, and an identification of any data elements that cannot
be publicly released.
(D) The criteria to initiate, modify, or terminate
reporting for programs, as appropriate, based on program
characteristics, acquisition methodology or pathway being
used, cost growth or changes, and program performance.
(E) The mechanisms by which reporting will be provided to
the congressional defense committees and other external
users, including--
(i) identification of types of organizations that will have
access to the system, including those outside the Department
of Defense;
(ii) how the system will be accessed by users, including
those outside the Department of Defense;
(iii) how those users will be trained on the use of the
system and what level of support will be available for users
on an ongoing basis; and
(iv) the data, information, and analytical capabilities
supported by the system.
(F) Identification and description of--
(i) the organizations responsible for implementation of and
overall operation of the system;
(ii) the organizations responsible for entering data into
the system and ensuring that data is entered into the system
in a timely fashion;
(iii) schedule and milestones for implementation;
(iv) resources required, including personnel and funding;
(v) implementation risks and how they will be mitigated;
(vi) any necessary updates to policy or guidance required
to implement the proposed reporting approach; and
(vii) any legislative changes required to implement the
proposed reporting approach.
SEC. 855. MILITARY STANDARDS FOR HIGH-HARDNESS ARMOR IN
COMBAT VEHICLE SPECIFICATIONS.
(a) In General.--Not later than March 31, 2022, the
Secretary of the Army shall establish military standards for
high-hardness armor for incorporation into specifications for
current and future combat vehicles developed and procured by
the Department of the Army.
(b) Report Required.--Not later than June 30, 2022, the
Secretary of the Army shall provide a report to the
congressional defense committees that describes--
(1) the establishment of military standards for high-
hardness armor required pursuant to subsection (a); and
(2) the strategy for incorporation of those standards into
combat vehicle specifications.
(c) Combat Vehicle Defined.--For purposes of this section,
the term ``combat vehicle'' means a tracked or wheeled
tactical vehicle incorporating high-hardness armor in its
manufacture.
[[Page S8595]]
SEC. 856. REVISIONS TO THE UNIFIED FACILITIES CRITERIA
REGARDING THE USE OF VARIABLE REFRIGERANT FLOW
SYSTEMS.
(a) In General.--The Under Secretary of Defense for
Acquisition and Sustainment shall publish any proposed
revisions to the Unified Facilities Criteria regarding the
use of variable refrigerant flow systems in the Federal
Register and shall specify a comment period of at least 60
days.
(b) Notice.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a written notice and justification for any
proposed revisions to the Unified Facilities Criteria
regarding the use of variable refrigerant flow systems not
later than 30 days after the date of publication in the
Federal Register.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT
TO CERTAIN DEPARTMENT OF DEFENSE LEADERSHIP
POSITIONS.
(a) Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict.--Section 138(b)(2)(A) of title
10, United States Code, is amended by inserting after the
third sentence the following: ``A person may not be appointed
as Assistant Secretary within seven years after relief from
active duty as a commissioned officer of a regular component
of an armed force.''.
(b) Secretary of the Army.--Section 7013(a)(2) of title 10,
United States Code, is amended by striking ``five'' and
inserting ``seven''.
(c) Secretary of the Navy.--Section 8013(a)(2) of title 10,
United States Code, is amended by striking ``five'' and
inserting ``seven''.
(d) Secretary of the Air Force.--Section 9013(a)(2) of
title 10, United States Code, is amended by striking ``five''
and inserting ``seven''.
(e) Technical Corrections Relating to Other Positions.--
(1) Under secretary of defense (comptroller).--Section
135(a)(1) of title 10, United States Code, is amended by
striking ``the armed forces'' and inserting ``an armed
force''.
(2) Under secretary of defense for personnel and
readiness.--Section 136(a) of title 10, United States Code,
is amended by striking ``the armed forces'' and inserting
``an armed force''.
(3) Under secretary of defense for intelligence and
security.--Section 137(a) of title 10, United States Code, is
amended by striking ``the armed forces'' and inserting ``an
armed force''.
SEC. 902. RENAMING OF AIR NATIONAL GUARD TO AIR AND SPACE
NATIONAL GUARD.
(a) Title 10.--Title 10, United States Code, is amended--
(1) in the section headings, by striking ``Air National
Guard'' each place it appears and inserting ``Air and Space
National Guard'';
(2) in the tables of sections, by striking ``Air National
Guard'' each place it appears and inserting ``Air and Space
National Guard''; and
(3) in the text, by striking ``Air National Guard'' each
place it appears and inserting ``Air and Space National
Guard''.
(b) Title 32.--Title 32, United States Code, is amended by
striking ``Air National Guard'' each place it appears and
inserting ``Air and Space National Guard''.
(c) Title 37.--Title 37, United States Code, is amended by
striking ``Air National Guard'' each place it appears and
inserting ``Air and Space National Guard''.
(d) Title 38.--Title 38, United States Code, is amended by
striking ``Air National Guard'' each place it appears and
inserting ``Air and Space National Guard''.
(e) Other Provisions of Law.--
(1) Title 5.--Title 5, United States Code, is amended--
(A) in section 2108(1)(B), by striking ``Air National
Guard'' and inserting ``Air and Space National Guard''; and
(B) in section 5518(2), by striking ``Air National Guard''
and inserting ``Air and Space National Guard''.
(2) Title 18.--Section 1716(g)(2) of title 18, United
States Code, is amended by striking ``Air National Guard''
and inserting ``Air and Space National Guard''.
(3) Title 28.--Section 631(c) of title 28, United States
Code, is amended by striking ``Air National Guard'' and
inserting ``Air and Space National Guard''.
(4) Title 36.--Section 20203 of title 36, United States
Code, is amended by striking ``Air National Guard'' each
place it appears and inserting ``Air and Space National
Guard''.
(5) Internal revenue code of 1986.--Section 3309(b)(3)(C)
of the Internal Revenue Code of 1986 is amended by striking
``Air National Guard'' and inserting ``Air and Space National
Guard''.
(6) Trade act of 1974.--Section 233(i)(2)(B) of the Trade
Act of 1974 (19 U.S.C. 2293(i)(2)(B)) is amended by striking
``Air National Guard'' and inserting ``Air and Space National
Guard''.
(f) References.--Any reference in law, regulation,
document, paper, or other record of the United States to the
Air National Guard or the Air National Guard of the United
States shall be deemed to be a reference to the Air and Space
National Guard or the Air and Space National Guard of the
United States, respectively.
(g) 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--
(1) a plan to implement the organizational changes
necessary to carry out the amendments made by subsections (a)
through (f); and
(2) a description of any technical and conforming
amendments to provisions of law necessary to fully implement
those changes.
SEC. 903. JOINT AVIATION SAFETY COUNCIL.
(a) Short Title.--This section may be cited as the
``Preventing Loss of Aircrews and Necessary Equipment Act''
or the ``PLANE Act''.
(b) Findings.--Congress makes the following findings:
(1) Section 1087 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1992) established and authorized funding for the
National Commission on Military Aviation Safety (in this
subsection referred to as the ``Commission'').
(2) The mission of the Commission as an independent
establishment was to undertake a comprehensive study of
United States military aviation mishaps that occurred between
fiscal years 2013 and 2018 in order--
(A) to assess the rates of military aviation mishaps
between fiscal years 2013 and 2018 compared to historic
aviation mishap rates;
(B) to make an assessment of the underlying causes
contributing to accidents arising from the unexplained
physiological effects of flying;
(C) to make an assessment of causes contributing to delays
in aviation maintenance and limiting operational availability
of aircraft;
(D) to make an assessment of the causes contributing to
military aviation mishaps; and
(E) to make recommendations on the modifications, if any,
of safety, training, maintenance, personnel, or other
policies related to military aviation safety.
(3) The Commission released its report to the President and
Congress on December 1, 2020, and found that the United
States Armed Forces lost a total of 224 lives,
$11,600,000,000, and 186 aircraft to training accidents or
routine operations between fiscal years 2013 and 2020.
(4) While the Commission conducted its study, 26 lives, 29
aircraft, and $2,250,000,000 were lost.
(5) The Commission made a number of recommendations to
correct the increasing number of mishaps in hopes of saving
precious lives and resources in the future.
(c) Sense of Congress.--It is the sense of Congress that a
confluence of factors is contributing to United States
military aviation mishaps, including--
(1) lack of centralized joint oversight;
(2) misunderstanding of the physiological effects of the
human-machine interface;
(3) byzantine planning, contracting, and program management
processes;
(4) continued need for predictable and reliable funding;
(5) over-extension of aviation forces as a result of high
demand and low density;
(6) underemphasis on maintainers as professional
occupational specialties that require complex, career paths
to support aviation safety, readiness, and operational tempo;
and
(7) dwindling pilot retention.
(d) Establishment of Joint Aviation Safety Council.--
(1) In general.--Chapter 7 of title 10, United States Code,
is amended by inserting after section 183a the following new
section:
``Sec. 184. Joint Aviation Safety Council
``(a) Establishment.--There is established, within the
Office of the Deputy Secretary of Defense, a Joint Aviation
Safety Council (in this section referred to as the
`Council').
``(b) Membership.--
``(1) In general.--The Council shall be composed of voting
members as follows:
``(A) The Director of Safety for each military department.
``(B) An employee of the Department of Defense appointed by
the Deputy Secretary of Defense under paragraph (2)(B).
``(C) One member of each military department appointed by
the Secretary concerned.
``(2) Appointment.--
``(A) Deadline.--The initial members of the Council shall
be appointed not later than 30 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2022.
``(B) Senior executive service employee.--The Deputy
Secretary of Defense shall appoint under paragraph (1)(B) an
employee of the Department of Defense who is a career member
of the Senior Executive Service with a record of successfully
running programs within the Department.
``(C) Directors of safety.--Not later than 30 days after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022, the Secretary of each
military department shall appoint an officer of that
department in grade O-8 as Director of Safety for the
department.
``(3) Removal.--A member of the Council shall serve at the
will of the official who appointed the member.
``(4) Vacancies.--Any vacancy on the Council shall be
filled in the same manner as the original appointment.
``(5) Compensation.--A member of the Council shall serve
without compensation in
[[Page S8596]]
addition to the compensation received by the member for the
service of the member as an officer or employee of the United
States.
``(6) Meetings.--The Council shall meet quarterly and at
the call of the chairperson.
``(c) Chairperson and Vice Chairperson.--
``(1) Chairperson.--
``(A) In general.--The Secretary of Defense shall select
one of the members of the Council who is a member of the
armed forces to serve as chairperson of the Council.
``(B) Term.--The chairperson shall serve for a term of two
years.
``(C) Responsibilities of chairperson.--In addition to
serving as the head of the Council, the chairperson shall--
``(i) serve as the Director of Aviation Safety for the
Department of Defense;
``(ii) serve as principal advisor to the Secretary of
Defense regarding military aviation safety and related
regulations and policy reforms, including issues regarding
maintenance, supply chains, personnel management, and
training;
``(iii) oversee all duties and activities of the Council
including conduct of military aviation safety studies and
issuance of safety guidance to services;
``(iv) work with and advise the Secretaries of the military
departments through appointed safety chiefs to implement
standardized aviation safety guidance across all military
departments;
``(v) submit an annual report to Secretary of Defense and
Congress reviewing the compliance of each military department
with the guidance described in clause (iv);
``(vi) advise Congress on issues related to military
aviation safety and reforms; and
``(vii) oversee coordination with other Federal agencies,
including the Federal Aviation Administration, to inform
military aviation safety guidance and reforms.
``(2) Vice chairperson.--
``(A) In general.--The individual appointed under
subsection (b)(1)(B) shall serve as vice chairperson of the
Council.
``(B) Relationship to chairperson.--The vice chairperson of
the Council shall report to the chairperson and serve as
chairperson in the absence of the chairperson selected under
subparagraph (A).
``(d) Responsibilities of Council.--
``(1) In general.--Subject to subsection (e), the Council
shall be responsible for issuing, publishing, and updating
regulations related to military aviation safety, including
regulations on the reporting and investigation of aviation
mishaps.
``(2) Mishap data.--The Council shall--
``(A) establish uniform data collection standards for
aviation mishaps in the Department of Defense;
``(B) review the compliance of each military department in
adopting and using the uniform data collection standards
required under subparagraph (A); and
``(C) review aviation mishap data to assess, identify, and
prioritize risk mitigation efforts in military aviation.
``(3) Non-mishap data.--The Council shall establish--
``(A) standards and requirements for the collection of
aircraft, simulator, airfield, and pilot data; and
``(B) requirements for each military department to collect
and analyze the issuance of any waiver related to pilot
qualifications or standards.
``(4) Aviation safety management system.--The Council
shall--
``(A) establish, in consultation with the Administrator of
the Federal Aviation Administration, a requirement for each
military department to implement an aviation safety
management system;
``(B) review for approval the proposal of each military
department for an aviation safety management system; and
``(C) review the implementation of that system by each
military department.
``(5) Review of civil aviation safety programs and
practices.--The Council shall review and assess civil
aviation safety programs and practices and determine their
suitability for implementation in military aviation.
``(e) Oversight.--The decisions and recommendations of the
Council are subject to review and approval by the Deputy
Secretary of Defense.
``(f) Staff.--
``(1) Permanent staff.--The Council may appoint and fix the
rate of basic pay for additional personnel as staff of the
Council in accordance with section 3101 of title 5.
``(2) Detailees.--The Council may accept individuals on
detail from within the Department of Defense and from other
Federal agencies on a reimbursable or non-reimbursable basis.
``(g) Space for Council.--Not later than 90 days after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2022, the Administrator of General
Services, in consultation with the Secretary of Defense,
shall identify and make available suitable excess space
within the Federal space inventory to house the operations of
the Council. If the Administrator is not able to make such
suitable excess space available within such 90-day period,
the Council may lease space to the extent that funds are
available for such purpose.
``(h) Contracting 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.
``(i) Procurement of Temporary and Intermittent Services.--
The chairperson of the Council may procure temporary and
intermittent services under section 3109(b) of title 5 at
rates for individuals that 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.
``(j) Data Collection.--
``(1) Access to databases.--Under regulations prescribed by
the Secretary of Defense, the Council shall have access to
databases of the Department of Defense necessary to carry out
the duties of the Council.
``(2) Sharing of aviation safety data.--Under regulations
prescribed 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 aviation safety data.
``(3) Privilege of data.--Except for such data as the
Secretary of Defense may choose to provide, and
notwithstanding any other provision of law, data collected by
the Council under this subsection shall be privileged from
disclosure or discovery to any person.''.
(2) Clerical amendment.--The table of sections for chapter
7 of such title is amended by inserting after the item
relating to section 183a the following new item:
``184. Joint Aviation Safety Council.''.
(e) Timeline for Establishment.--The Secretary of Defense
shall implement and provide the necessary resources for the
Joint Aviation Safety Council established under section 184
of title 10, United States Code, as added by subsection (d),
by not later than the date that is 120 days after the date of
the enactment of this Act.
(f) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
that includes--
(1) a description of the measures the Department of Defense
plans to take to correct the issues identified in the report
to the President and Congress of the National Commission on
Military Aviation Safety Report, dated December 1, 2020;
(2) a statement of whether the Secretary concurs or
disagrees with the findings of that report; and
(3) a detailed plan of action for implementation of each
recommendation included in that report.
(g) Funding.--The amount authorized to be appropriated for
fiscal year 2022 by this Act for military personnel
appropriations is hereby increased by $4,000,000, with the
amount of the increase to be available for the Joint Aviation
Safety Council established under section 184 of title 10,
United States Code, as added by subsection (d).
SEC. 904. ASSIGNMENTS FOR PARTICIPANTS IN THE JOHN S. MCCAIN
STRATEGIC DEFENSE FELLOWS PROGRAM.
Section 932(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 1580 note prec.) is amended--
(1) in paragraph (2)--
(A) by striking ``and each Under Secretary of Defense and
Director of a Defense Agency who reports directly to the
Secretary of Defense,'' and inserting ``, each Under
Secretary of Defense, and other officials, as designated by
the Secretary of Defense, within the Office of the Secretary
of Defense (as defined in section 131 of title 10, United
States Code) who report directly to the Secretary of
Defense''; and
(B) by striking ``or Director'' and inserting ``or official
within the Office of the Secretary of Defense'';
(2) in paragraph (3)--
(A) by striking ``Under Secretaries and Directors'' and
inserting ``Under Secretaries of Defense and other officials
within the Office of the Secretary of Defense''; and
(B) by striking ``Under Secretary, or Director'' and
inserting ``Under Secretary of Defense, or other official
within the Office of the Secretary of Defense''; and
(3) in paragraph (7), by striking ``shall be on a first-
come, first-served basis'' and inserting ``may require a
minimum service agreement, as determined by the Secretary''.
SEC. 905. ALIGNMENT OF CLOSE COMBAT LETHALITY TASK FORCE.
(a) In General.--Until the Secretary of Defense submits to
the congressional defense committees the report described in
subsection (b), the Secretary shall reinstate--
(1) the initial alignment of the Close Combat Lethality
Task Force (CCLTF) so that the Task Force reports directly to
the Secretary; and
(2) the designation of the Task Force as a cross-functional
team under section 911 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111
note).
(b) Report Described.--The report described in this
subsection is a report on a proposed alternative alignment
for the Close Combat Lethality Task Force that includes--
(1) a description of--
(A) how the proposed alignment of the Task Force would--
(i) facilitate the effective pursuit of, and support for,
both materiel and non-materiel initiatives by the Task Force;
(ii) maintain benefits for the Task Force similar to the
benefits associated with reporting directly to the Secretary
of Defense and designation as a cross-functional team; and
[[Page S8597]]
(iii) ensure collaboration and support from the primary
stakeholders in the Task Force, including the Army, the
Marine Corps, and the United States Special Operations
Command; and
(B) how the Task Force would be funded and gain appropriate
resourcing for cross-functional team initiatives supported by
the Secretary; and
(2) supporting analysis for the matters described in
paragraph (1).
(c) Exception.--Subsection (a) does not apply if the
President submits to the congressional defense committees--
(1) a certification that implementing that subsection would
be detrimental to the defense interests of the United States;
and
(2) a justification for the certification.
SEC. 906. MANAGEMENT INNOVATION ACTIVITIES.
(a) In General.--The Secretary of Defense shall establish a
set of activities to improve the effectiveness of management
activities within the Department of Defense, with the goals
of incorporating appropriate private sector management
practices and technologies and enhancing the capabilities of
the defense management workforce.
(b) Management Activities.--The activities established
under subsection (a) may include the following:
(1) Public-private partnerships with appropriate private
sector and government organizations.
(2) Personnel exchange programs with appropriate industry,
academic, and government organizations to enhance the
capabilities of the defense management workforce.
(3) Research, development, and technology and business
process prototyping activities to create new technological
capabilities to support management missions, or development
and testing of new management concepts and business
transformation activities.
(4) A designated activity or agency to lead management
innovation activities.
(5) A process by which defense business process owners and
other personnel of the Department of Defense can identify
management and business process challenges and opportunities
that could be addressed by activities established under this
section.
(6) Processes to develop, prototype, test, and field new
business processes and practices to improve defense
management capabilities.
(7) Academic research and educational activities related to
defense management missions to promote--
(A) development of innovative management concepts;
(B) analyses and addressing of current management
challenges; and
(C) development of programs and activities to develop a
future defense management workforce.
(8) Such other activities as the Secretary considers
appropriate.
(c) Plan Required.--Not later than February 1, 2023, the
Secretary shall submit to the congressional defense
committees a plan for activities established under this
section.
(d) Briefings.--Not later than July 1, 2022, and July 1,
2023, the Secretary shall provide to the congressional
defense committees briefings on activities established and
plans developed under this section.
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
$6,000,000,000.
(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. COMMISSION ON PLANNING, PROGRAMMING, BUDGETING,
AND EXECUTION REFORM.
(a) Establishment.--
(1) In general.--There is hereby established, as of the
date specified in paragraph (2), an independent commission in
the legislative branch to be known as the ``Commission on
Planning, Programming, Budgeting, and Execution Reform'' (in
this section referred to as the ``Commission'').
(2) Date of establishment.--The date of establishment
referred to in paragraph (1) is 30 days after the date of the
enactment of this Act.
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 10 members from private civilian life who are
recognized experts and have relevant professional experience
in matters relating to the planning, programming, budgeting,
and execution process of the Department of Defense. The
members shall be appointed as follows:
(A) The Secretary of Defense shall appoint two members.
(B) The Chair and the Ranking Member of the Committee on
Armed Services of the Senate shall each appoint one member.
(C) The Chair and the Ranking Member of the Committee on
Armed Services of the House of Representatives shall each
appoint one member.
(D) The Chair and the Ranking Member of the Subcommittee on
Defense of the Committee on Appropriations of the Senate
shall each appoint one member.
(E) The Chair and the Ranking Member of the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives shall each appoint one member.
(2) Deadline for appointment.--Members shall be appointed
to the Commission under paragraph (1) not later than 45 days
after the Commission establishment date specified under
subsection (a)(2).
(3) Effect of lack of appointment by appointment date.--If
one or more appointments under paragraph (1) is not made by
the appointment date specified in paragraph (2), the
authority to make such appointment or appointments shall
expire, and the number of members of the Commission shall be
reduced by the number equal to the number of appointments so
not made.
(c) Chair and Vice Chair.--
(1) Chair.--The Chair of the Committee on Armed Services of
the Senate and the Chair of the Committee on Armed Services
of the House of Representatives shall jointly designate one
member of the Commission to serve as Chair of the Commission.
(2) Vice chair.--The ranking member of the Committee on
Armed Services of the Senate and the ranking member of the
Committee on Armed Services of the House of Representatives
shall jointly designate one member of the Commission to serve
as Vice Chair of the Commission.
(d) Period of Appointment and Vacancies.--Members shall be
appointed for the life of the Commission. A vacancy in the
Commission shall not affect its powers and shall be filled in
the same manner as the original appointment was made.
(e) Purpose.--The purpose of the Commission is to examine
and make recommendations with respect to the planning,
programming, budgeting, and execution process of the
Department of Defense.
(f) Scope and Duties.--In order to provide the fullest
understanding of the matters required under subsection (e),
the Commission shall perform the following duties:
(1) The Commission shall review the planning, programming,
budgeting, and execution process of the Department of
Defense, including the development and production of the
Defense Planning Guidance, the Program Objective Memorandum,
and the Budget Estimate Submission.
(2) The Commission shall conduct a comprehensive assessment
of the efficacy and efficiency of all phases of the planning,
programming, budgeting, and execution process, including the
roles of key Department officials and the timelines to
complete the process.
(g) Commission Report and Recommendations.--
(1) Report.--Not later than one year after the Commission
establishment date specified under subsection (a)(2), the
Commission shall transmit to the Secretary of Defense and to
Congress a report containing the review and assessment
conducted under subsection (f), together with any
recommendations of the Commission. The report shall include
the following elements:
(A) An examination of the development of the Defense
Planning Guidance, the Program Objective Memorandum, the
Budget Estimate Submission, and any supporting documents.
(B) An analysis of the timelines involved in developing an
annual budget request and the Future Years Defense Program,
including the ability to make program changes within those
timelines.
(C) A review of the sufficiency of the civilian personnel
workforce in the Office of the Secretary of Defense and the
Office of Cost Assessment and Program Evaluation to conduct
budgetary and program evaluation analysis.
(D) An examination of the obstacles that inhibit, and the
efforts to develop, new and agile programming and budgeting
processes to enable rapid development and integration of
emerging technology to enable the United States to more
effectively counter near-peer competitors.
(E) A review of the frequency and sufficiency of budget and
program execution analysis, to include any existing data
analytics tools and any suggested improvements.
[[Page S8598]]
(F) Recommendations for reform for the Department to make
internally.
(G) Recommendations for reform that require legislation.
(H) Any other elements the Commission considers
appropriate.
(2) Interim briefing.--Not later than 180 days after the
Commission establishment date specified in subsection (a)(2),
the Commission shall provide to the Committees on Armed
Services of the Senate and the House of Representatives and
the Subcommittees on Defense of the Committees on
Appropriations of the Senate and the House of Representatives
a briefing on the status of its review and assessment to
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.
(h) Government Cooperation.--
(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.
(3) Detailees authorized.--The Secretary may provide, and
the Commission may accept and employ, personnel detailed from
the Department of Defense, without reimbursement.
(4) Facilitation.--
(A) Independent, non-government institute.--Not later than
45 days after the Commission establishment date specified in
subsection (a)(2), the Secretary of Defense shall make
available to the Commission the services of an independent,
non-governmental institute described in section 501(c)(3) of
the Internal Revenue Code of 1986, and exempt from tax under
section 501(a) of such Code, that has recognized credentials
and expertise in national security and military affairs in
order to facilitate the Commission's discharge of its duties
under this section.
(B) Federally funded research and development center.--On
request of the Commission, the Secretary of Defense shall
make available the services of a federally funded research
and development center that is covered by a sponsoring
agreement of the Department of Defense in order to enhance
the Commission's efforts to discharge its duties under this
section.
(i) Staff.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the commission shall be deemed
to be Federal employees.
(2) Executive director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161(d) of title 5, United States
Code.
(3) Pay.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance
with section 3161(d) of title 5, United States Code.
(j) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with
the provisions of section 3109 of title 5, United States
Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert
or consultant procured pursuant to paragraph (1) may not
exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(k) Authority to Accept Gifts.--The Commission may accept,
use, and dispose of gifts or donations of services, goods,
and property from non-Federal entities for the purposes of
aiding and facilitating the work of the Commission. The
authority in this subsection does not extend to gifts of
money. Gifts accepted under this authority shall be
documented, and conflicts of interest or the appearance of
conflicts of interest shall be avoided. Subject to the
authority in this section, commissioners shall otherwise
comply with rules set forth by the Select Committee on Ethics
of the Senate and the Committee on Ethics of the House of
Representatives governing Senate and House employees.
(l) Funding.--Of the amounts authorized to be appropriated
by this Act for fiscal year 2022 for the Department of
Defense, up to $5,000,000 shall be made available to the
Commission to carry out its duties under this subtitle. Funds
made available to the Commission under the preceding sentence
shall remain available until expended.
(m) Legislative Advisory Committee.--The Commission shall
operate as a legislative advisory committee and shall not be
subject to the provisions of the Federal Advisory Committee
Act (Public Law 92-463; 5 U.S.C. App) or section 552b, United
States Code (commonly known as the Government in the Sunshine
Act).
(n) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to
the extent funds are available.
(o) Use of Government Information.--The Commission may
secure directly from any department or agency of the Federal
Government such information as the Commission considers
necessary to carry out its duties. Upon such request of the
chair of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(p) Postal Services.--The Commission may use the United
States mail in the same manner and under the same conditions
as departments and agencies of the United States.
(q) Space for Use of Commission.--Not later than 30 days
after the establishment date of the Commission, the
Administrator of General Services, in consultation with the
Commission, shall identify and make available suitable excess
space within the Federal space inventory to house the
operations of the Commission. If the Administrator is not
able to make such suitable excess space available within such
30-day period, the Commission may lease space to the extent
the funds are available.
(r) Removal of Members.--A member may be removed from the
Commission for cause by the individual serving in the
position responsible for the original appointment of such
member under subsection (b)(1), provided that notice has
first been provided to such member of the cause for removal
and voted and agreed upon by three quarters of the members
serving. A vacancy created by the removal of a member under
this subsection shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment was made.
(s) Termination.--The Commission shall terminate 90 days
after the date on which it submits the report required by
subsection (g).
SEC. 1003. PLAN FOR CONSOLIDATION OF INFORMATION TECHNOLOGY
SYSTEMS USED IN THE PLANNING, PROGRAMMING,
BUDGETING, AND EXECUTION PROCESS.
Not later than 180 days after the date of the enactment of
this Act, the Under Secretary of Defense (Comptroller), in
consultation with the Chief Information Officer and the Chief
Data Officer, shall submit to the congressional defense
committees a plan to consolidate the information technology
(IT) systems used to manage data and support the planning,
programming, budgeting, and execution (PPBE) process of the
Department of Defense. The plan should incorporate those
systems used by the military departments as well as those
used by the defense-wide agencies, and should address the
retirement or elimination of such systems.
Subtitle B--Counterdrug Activities
SEC. 1011. CODIFICATION AND EXPANSION OF AUTHORITY FOR JOINT
TASK FORCES OF THE DEPARTMENT OF DEFENSE TO
SUPPORT LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTER-TERRORISM, COUNTER-ILLICIT TRAFFICKING,
OR COUNTER-TRANSNATIONAL ORGANIZED CRIME
ACTIVITIES.
(a) Codification of Section 1022 of FY 2004 NDAA.--Chapter
15 of title 10, United States Code, is amended by adding at
the end a new section 285 consisting of--
(1) a heading as follows:
``Sec. 285. Authority for joint task forces to support law
enforcement agencies conducting counter-terrorism, counter-
illicit trafficking, or counter-transnational organized
crime activities''; and
(2) a text consisting of the text of section 1022 of the
National Defense Authorization Act for Fiscal Year 2004 (10
U.S.C. 271 note).
(b) Amendments.--Section 285 of title 10, United States
Code, as added by subsection (a), is amended--
(1) in subsection (a), by inserting ``, counter-illicit
trafficking activities,'' after ``counter-terrorism
activities'';
(2) in subsection (b)--
(A) by striking ``During fiscal years 2006 through 2022,
funds for drug interdiction'' and inserting ``Funds for drug
interdiction''; and
(B) by inserting ``, counter-illicit trafficking,'' after
``counter-terrorism'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking ``of
each year in which the authority in subsection (a) is in
effect'' and inserting ``of each year''; and
(B) in paragraph (1)--
(i) by inserting ``counter-illicit trafficking,'' after
``on counter-drug,''; and
(ii) by inserting ``, counter-illicit trafficking,'' after
``provide counter-terrorism,'';
(4) in subsection (d)--
(A) in paragraph (2)(A)--
(i) by inserting ``, counter-illicit trafficking,'' after
``counter-terrorism''; and
(ii) by striking ``significantly'';
(B) by striking ``(d) Conditions.--(1)'' and all that
follows through ``(2)(A) Support'' and inserting ``(d)
Conditions.--(1) Support'';
(C) by redesignating subparagraph (B) as paragraph (2); and
(D) in paragraph (2), as so redesignated--
(i) in the first sentence--
(I) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(II) by striking ``vital to'' and inserting ``in''; and
(ii) in the second sentence, by striking ``the vital'' and
inserting ``the''; and
[[Page S8599]]
(5) by striking subsection (e) and inserting the following
new subsection (e):
``(e) Definitions.--(1) In this section:
``(A) The term `illicit trafficking' means the trafficking
of money, human trafficking, illicit financial flows, illegal
trade in natural resources and wildlife, illegal maritime
activities, or trade in illegal drugs and weapons, whether
conducted by a transnational criminal organization or a state
actor.
``(B) The term `transnational organized crime' has the
meaning given such term in section 284(i) of this title.
``(2) For purposes of applying the definition of
transnational organized crime under paragraph (1)(B) to this
section, the term `illegal means', as it appears in such
definition, includes--
``(A) illicit trafficking; and
``(B) any other form of illegal means determined by the
Secretary of Defense.''.
(c) Conforming Repeal.--Section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 271
note) is repealed.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 15 of such title is amended by adding at
the end the following new item:
``285. Authority for joint task forces to support law enforcement
agencies conducting counter-terrorism, counter-illicit
trafficking, or counter-transnational organized crime
activities.''.
SEC. 1012. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED
COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2042), as most recently amended by section 1021 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1577), is further amended--
(1) in subsection (a)(1), by striking ``2022'' and
inserting ``2023''; and
(2) in subsection (c), by striking ``2022'' and inserting
``2023''.
Subtitle C--Naval Vessels
SEC. 1021. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION
PLAN.
(a) In General.--Section 231 of title 10, United States
Code, is amended--
(1) in subsection (b)(2), by adding at the end the
following new subparagraphs:
``(G) The expected service life of each vessel in the naval
vessel force provided for under the naval vessel construction
plan, disaggregated by ship class, and the rationale for any
changes to such expectations from the previous year's plan.
``(H) A certification by the appropriate Senior Technical
Authority designated under section 8669b of this title of the
expected service life of each vessel in the naval vessel
force provided for under the naval vessel construction plan,
disaggregated by ship class, and the rationale for any
changes to such expectations from the previous year's
plan.''; and
(2) in subsection (f), by adding at the end the following
new paragraph:
``(6) The term `expected service life' means the number of
years a naval vessel is expected to be in service.''.
(b) Repeal of Termination of Annual Naval Vessel
Construction Plan.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 111 note) is amended by striking paragraph (15).
SEC. 1022. NAVY BATTLE FORCE SHIP ASSESSMENT AND REQUIREMENT
REPORTING.
(a) In General.--Chapter 863 of title 10, United States
Code, is amended--
(1) by redesignating the second section 8692, as added by
section 1026 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), as section 8693; and
(2) by inserting after section 8693, as redesignated by
paragraph (1), the following new section:
``Sec. 8694. Navy battle force ship assessment and
requirement reporting
``(a) In General.--Not later than 180 days after the date
on which a covered event occurs, the Chief of Naval
Operations shall submit to the congressional defense
committees a battle force ship assessment and requirement.
``(b) Assessment.--Each assessment required by subsection
(a) shall include the following:
``(1) A review of the strategic guidance of the Federal
Government, the Department of Defense, and the Navy for
identifying priorities, missions, objectives, and principles,
in effect as of the date on which the assessment is
submitted, that the force structure of the Navy must follow.
``(2) An identification of the steady-state demand for
maritime security and security force assistance activities.
``(3) An identification of the force options that can
satisfy the steady-state demands for activities required by
theater campaign plans of combatant commanders.
``(4) A force optimization analysis that produces a day-to-
day global posture required to accomplish peacetime and
steady-state tasks assigned by combatant commanders.
``(5) A modeling of the ability of the force to fight and
win scenarios approved by the Department of Defense.
``(6) A calculation of the number and global posture of
each force element required to meet steady-state presence
demands and warfighting response timelines.
``(c) Requirement.--(1) Each requirement required by
subsection (a) shall--
``(A) be based on the assessment required by subsection
(b); and
``(B) identify, for each of the fiscal years that are five,
10, 15, 20, 25, and 30 years from the date of the covered
event--
``(i) the total number of battle force ships required;
``(ii) the number of battle force ships required in each of
the categories described in paragraph (2);
``(iii) the classes of battle ships included in each of the
categories described in paragraph (2); and
``(iv) the number of battle force ships required in each
such class.
``(2) The categories described in this paragraph are the
following:
``(A) Aircraft carriers.
``(B) Large surface combatants.
``(C) Small surface combatants.
``(D) Amphibious warfare ships.
``(E) Attack submarines.
``(F) Ballistic missile submarines.
``(G) Combat logistics force.
``(H) Expeditionary fast transport.
``(I) Expeditionary support base.
``(J) Command and support.
``(K) Other.
``(d) Definitions.--In this section:
``(1) The term `battle force ship' means the following:
``(A) A commissioned United States Ship warship capable of
contributing to combat operations.
``(B) A United States Naval Ship that contributes directly
to Navy warfighting or support missions.
``(2) The term `covered event' means a significant change
to any of the following:
``(A) Strategic guidance that results in changes to theater
campaign plans or warfighting scenarios.
``(B) Strategic construction of vessels or aircraft that
affects sustainable peacetime presence or warfighting
response timelines.
``(C) Operating concepts, including employment cycles,
crewing constructs, or operational tempo limits, that affect
peacetime presence or warfighting response timelines.
``(D) Assigned missions that affect the type or quantity of
force elements.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 863 of such title is amended by striking
the item relating to the second section 8692 and inserting
the following new items:
``8693. Biennial report on shipbuilder training and the defense
industrial base.
``8694. Navy battle force ship assessment and requirement reporting.''.
(c) Baseline Assessment and Requirement Required.--The date
that is 180 days after the date of the enactment of this Act
is deemed to be a covered event for the purposes of
establishing a baseline battle force ship assessment and
requirement under section 8694 of title 10, United States
Code, as added by subsection (a).
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1953), as most recently amended by section 1041 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is further amended by striking ``December 31, 2021'' and
inserting ``December 31, 2022''.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO
CONSTRUCT OR MODIFY FACILITIES IN THE UNITED
STATES TO HOUSE DETAINEES TRANSFERRED FROM
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1954), as most recently amended by section 1042 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is further amended by striking ``December 31, 2021'' and
inserting ``December 31, 2022''.
SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1954), as most recently amended by section 1043 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is further amended by striking ``December 31, 2021'' and
inserting ``December 31, 2022''.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE
OR RELINQUISH CONTROL OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as most
recently amended by section 1044 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is further amended by striking
``fiscal years 2018 through 2021'' and inserting ``any of
fiscal years 2018 through 2022''.
[[Page S8600]]
SEC. 1035. REPORT ON MEDICAL CARE PROVIDED TO DETAINEES AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Chief Medical Officer of United
States Naval Station, Guantanamo Bay (in this section
referred to as the ``Chief Medical Officer''), shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the provision of medical
care to individuals detained at Guantanamo.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the quality of medical care provided
to individuals detained at Guantanamo, including whether such
care meets applicable standards of care.
(2) A description of the medical facilities and resources
at United States Naval Station, Guantanamo Bay, Cuba,
available to individuals detained at Guantanamo.
(3) A description of the medical facilities and resources
not at United States Naval Station, Guantanamo Bay, that
would be made available to individuals detained at Guantanamo
as necessary to meet applicable standards of care.
(4) A description of the range of medical conditions
experienced by individuals detained at Guantanamo as of the
date on which the report is submitted.
(5) A description of the range of medical conditions likely
to be experienced by individuals detained at Guantanamo,
given the medical conditions of such individuals as of the
date on which the report is submitted and the likely effects
of aging.
(6) An assessment of any gaps between--
(A) the medical facilities and resources described in
paragraphs (2) and (3); and
(B) the medical facilities and resources required to
provide medical care necessary to meet applicable standards
of care for the medical conditions described in paragraphs
(4) and (5).
(7) The plan of the Chief Medical Officer to address the
gaps described in paragraph (6), including the estimated
costs associated with addressing such gaps.
(8) An assessment of whether the Chief Medical Officer has
secured from the Department of Defense access to individuals,
information, or other assistance that the Chief Medical
Officer considers necessary to enable the Chief Medical
Officer to carry out the Chief Medical Officer's duties,
including full and expeditious access to the following:
(A) Any individual detained at Guantanamo.
(B) Any medical records of any individual detained at
Guantanamo.
(C) Medical professionals of the Department who are
working, or have worked, at United States Naval Station,
Guantanamo Bay.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in classified form.
(d) Definitions.--In this section, the terms ``individual
detained at Guantanamo'', ``medical care'', and ``standard of
care'' have the meanings given those terms in section 1046(e)
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1586; 10 U.S.C. 801 note).
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. NOTIFICATION OF SIGNIFICANT ARMY FORCE STRUCTURE
CHANGES.
(a) Notice Requirements.--No irrevocable action may be
taken to implement a significant change to Army force
structure, including the temporary establishment or
stationing of a new or experimental unit of significance, or
to announce such a change, until the Secretary of Defense or
the Secretary of the Army submits to the congressional
defense committees written notification of the plan,
including--
(1) details and timing of the planned change;
(2) justification for the planned change; and
(3) the estimated costs and implications of the planned
change.
(b) Exception.--The notification requirement under
subsection (a) does not apply if the Secretary of Defense
certifies to the congressional defense committees in advance
that the planned Army force structure change must be
implemented immediately for reasons of national security or
military emergency.
(c) Definition.--In this section, the term ``significant
change to Army force structure'' means--
(1) a change in the number, type, or component of brigade-
level organizations or higher-echelon headquarters;
(2) a change in the number or component of a high-interest
capability such as THAAD or hypersonic weapon battery; or
(3) an increase or decrease of 1,000 or more military and
or civilian personnel from a military function or specialty.
SEC. 1042. EXTENSION OF ADMISSION TO GUAM OR THE COMMONWEALTH
OF THE NORTHERN MARIANA ISLANDS FOR CERTAIN
NONIMMIGRANT H-2B WORKERS.
Section 6(b)(1)(B) of the Joint Resolution entitled ``A
Joint Resolution to approve the `Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America', and for other
purposes'', approved March 24, 1976 (48 U.S.C.
1806(b)(1)(B)), is amended by striking ``December 31, 2023''
and inserting ``December 31, 2029''.
Subtitle F--Studies and Reports
SEC. 1051. REPORT ON IMPLEMENTATION OF IRREGULAR WARFARE
STRATEGY.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter through fiscal
year 2027, the Secretary of Defense shall submit to the
congressional defense committees a report on the activities
and programs of the Department of Defense to implement the
irregular warfare strategy consistent with the 2019 Annex to
the National Defense Strategy.
(b) Elements of Report.--The report required by section (a)
shall include the following elements:
(1) A description and assessment of efforts to
institutionalize the approach of the Department of Defense to
irregular warfare and maintain a baseline of capabilities and
expertise in irregular warfare in both conventional and
special operations forces, including efforts to--
(A) institutionalize irregular warfare in force development
and design;
(B) transform the approach of the Department of Defense to
prioritize investments in and development of human capital
for irregular warfare;
(C) ensure an approach to irregular warfare that is agile,
efficient, and effective by investing in and developing
capabilities in a cost-informed and resource-sustainable
manner; and
(D) integrate irregular warfare approaches into operational
plans and warfighting concepts for competition, crisis, and
conflict.
(2) A description and assessment of efforts to
operationalize the approach of the Department of Defense to
irregular warfare to meet the full range of challenges posed
by adversaries and competitors, including efforts to--
(A) execute proactive, enduring campaigns using irregular
warfare capabilities to control the tempo of competition,
shape the environment, and increase the cost of hostilities
against the United States and its allies;
(B) adopt a resource-sustainable approach to countering
violent extremist organizations and consolidating gains
against the enduring threat from these organizations;
(C) improve the ability of the Department of Defense to
understand and operate within the networked, contested, and
multi-domain environment in which adversaries and competitors
operate;
(D) foster and sustain unified action in irregular warfare
including through collaboration and support of interagency
partners in the formulation of assessments, plans, and the
conduct of operations; and
(E) expand networks of allies and partners, including for
the purpose of increasing the ability and willingness of
allies and partners to defend their sovereignty, contribute
to coalition operations, and advance common security
initiatives.
(3) A description of the status of the plan, to be produced
by the Assistant Secretary of Defense for Special Operations
and Low-Intensity Conflict and the Chairman of the Joint
Chiefs of Staff, in coordination with the Combatant Commands
and Services, to implement the objectives described in the
2019 Irregular Warfare Annex to the National Defense
Strategy, and a description of efforts by the Components of
the Department of Defense to expeditiously implement this
plan, including the allocation of resources to implement the
plan.
(4) An assessment by the Secretary of Defense of the
resources, plans, and authorities required to establish and
sustain irregular warfare as a fully-integrated core
competency for the Joint Forces.
(c) Form.--The report required by section (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1052. OPTIMIZATION OF IRREGULAR WARFARE TECHNICAL
SUPPORT DIRECTORATE.
(a) Plan Required.--
(1) In general.--Not later than 90 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 plan for
improving the support provided by the Irregular Warfare
Technical Support Directorate to meet military requirements.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) Specific actions to--
(i) ensure adequate focus on rapid fielding of required
capabilities;
(ii) improve metrics and methods for tracking projects that
have transitioned into programs of record; and
(iii) minimize overlap with other research, development,
and acquisition efforts.
(B) Such other matters as the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict
considers relevant.
(b) Department of Defense Instruction Required.--Not later
than 270 days after the date of the enactment of this Act,
the Assistant Secretary of Defense for Special Operations and
Low Intensity Conflict, in coordination with the Under
Secretary of Defense for Research and Engineering, the Under
Secretary of Defense for Acquisition and Sustainment, and the
Secretaries of the military departments, shall publish an
updated Department of Defense Instruction in order to--
(1) define the objectives, organization, mission, customer
base, and role of the Irregular Warfare Technical Support
Directorate;
[[Page S8601]]
(2) ensure coordination with external program managers
assigned to the military departments and the United States
Special Operations Command;
(3) facilitate adequate oversight by the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict, the Under Secretary of Defense for Research and
Engineering, and the Under Secretary of Defense for
Acquisition and Sustainment; and
(4) address such other matters as the the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict considers relevant.
SEC. 1053. QUARTERLY BRIEFINGS ON ANOMALOUS HEALTH INCIDENTS.
(a) Briefings Required.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days
thereafter for two years, the Secretary of Defense shall
brief the congressional defense committees on efforts of the
Department of Defense to address anomalous health incidents.
(b) Elements.--Each briefing required by subsection (a)
shall include the following:
(1) An explanation of efforts of the Department to
investigate, attribute, and mitigate the cause of anomalous
health incidents, including any additional resources or
authorities necessary to enhance such efforts.
(2) A description of the process used to ensure timely
assessment and treatment of United States Government
personnel who have suffered from an anomalous health
incident, including any additional resources or authorities
necessary to ensure adequate care for such personnel and
their families.
(3) An articulation of efforts--
(A) to improve training of personnel most at risk of
experiencing anomalous health incidents; and
(B) to encourage reporting of such incidents when they
occur.
(4) Such other matters as the Secretary considers relevant.
Subtitle G--Other Matters
SEC. 1061. COMMISSION ON THE NATIONAL DEFENSE STRATEGY.
(a) Establishment.--
(1) In general.--There is hereby established, as of the
date specified in paragraph (2), an independent commission in
the legislative branch to be known as the Commission on the
National Defense Strategy for the United States (in this
subtitle referred to as the ``Commission'').
(2) Date of establishment.--The date of establishment
referred to in paragraph (1) is the date that is not later
than 30 days after the date on which the Secretary of Defense
provides a national defense strategy as required by section
113(g) of title 10, United States Code.
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 12 members from private civilian life who are
recognized experts in matters relating to the national
security of the United States. The members shall be appointed
as follows:
(A) The Chair of the Committee on Armed Services of the
Senate shall appoint 3 members.
(B) The Ranking Member of the Committee on Armed Services
of the Senate shall appoint 3 members.
(C) The Chair of the Committee on Armed Services of the
House of Representatives shall appoint 3 members.
(D) The Ranking Member of the Committee on Armed Services
of the House of Representatives shall appoint 3 members.
(2) Deadline for appointment.--Members shall be appointed
to the Commission under paragraph (1) not later than 45 days
after the Commission establishment date specified under
subsection (a)(2).
(3) Effect of lack of appointment by appointment date.--If
one or more appointments under paragraph (1) is not made by
the appointment date specified in paragraph (2), the
authority to make such appointment or appointments shall
expire, and the number of members of the Commission shall be
reduced by the number equal to the number of appointments so
not made.
(c) Chair and Vice Chair.--
(1) Chair.--The Chair of the Committee on Armed Services of
the Senate and the Chair of the Committee on Armed Services
of the House of Representatives shall jointly designate 1
member of the Commission to serve as Chair of the Commission.
(2) Vice chair.--The Ranking Member of the Committee on
Armed Services of the Senate and the Ranking Member of the
Committee on Armed Services of the House of Representatives
shall jointly designate 1 member of the Commission to serve
as Vice Chair of the Commission.
(d) Period of Appointment and Vacancies.--Members shall be
appointed for the life of the Commission. A vacancy in the
Commission shall not affect its powers, and shall be filled
in the same manner as the original appointment was made.
(e) Purpose.--The purpose of the Commission is to examine
and make recommendations with respect to the national defense
strategy for the United States.
(f) Scope and Duties.--In order to provide the fullest
understanding of the matters required under subsection (e),
the Commission shall perform the following duties:
(1) National defense strategy review.--The Commission shall
review the most recent national defense strategy of the
United States including the assumptions, strategic
objectives, priority missions, major investments in defense
capabilities, force posture and structure, operational
concepts, and strategic and military risks associated with
the strategy.
(2) Assessment.--The Commission shall conduct a
comprehensive assessment of the strategic environment to
include the threats to the national security of the United
States, including both traditional and non-traditional
threats, the size and shape of the force, the readiness of
the force, the posture, structure, and capabilities of the
force, allocation of resources, and the strategic and
military risks in order to provide recommendations on the
national defense strategy for the United States.
(g) Commission Report and Recommendations.--
(1) Report.--Not later than one year after the Commission
establishment date specified under subsection (a)(2), the
Commission shall transmit to the President and Congress a
report containing the review and assessment conducted under
subsection (f), together with any recommendations of the
Commission. The report shall include the following elements:
(A) An appraisal of the strategic environment, including an
examination of the traditional and non-traditional threats to
the United States, and the potential for conflicts arising
from such threats and security challenges.
(B) An evaluation of the strategic objectives of the
Department of Defense for near-peer competition in support of
the national security interests of the United States.
(C) A review of the military missions for which the
Department of Defense should prepare, including missions that
support the interagency and a whole-of-government strategy.
(D) Identification of any gaps or redundancies in the roles
and missions assigned to the Armed Forces necessary to carry
out military missions identified in subparagraph (C), as well
as the roles and capabilities provided by other Federal
agencies and by allies and international partners.
(E) An assessment of how the national defense strategy
leverages other elements of national power across the
interagency to counter near-peer competitors.
(F) An evaluation of the resources necessary to support the
strategy, including budget recommendations.
(G) An examination of the Department's efforts to develop
new and innovative operational concepts to enable the United
States to more effectively counter near-peer competitors.
(H) An analysis of the force planning construct,
including--
(i) the size and shape of the force;
(ii) the posture, structure, and capabilities of the force;
(iii) the readiness of the force;
(iv) infrastructure and organizational adjustments to the
force;
(v) modifications to personnel requirements, including
professional military education; and
(vi) other elements of the defense program necessary to
support the strategy.
(I) An assessment of the risks associated with the
strategy, including the relationships and tradeoffs between
missions, risks, and resources.
(J) Any other elements the Commission considers
appropriate.
(2) Interim briefings.--
(A) Not later than 180 days after the Commission
establishment date specified in subsection (a)(2), the
Commission shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the status of its review and assessment to include a
discussion of any interim recommendations.
(B) At the request of the Chair and Ranking Member of the
Committee on Armed Services of the Senate, or the Chair and
Ranking Member of the Committee on Armed Services of the
House of Representatives, the Commission shall provide the
requesting Committee with interim briefings in addition to
the briefing required by subparagraph (2)(A).
(3) Form.--The report submitted to Congress under paragraph
(1) of this subsection shall be submitted in unclassified
form, but may include a classified annex.
(h) Government Cooperation.--
(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 1
officer or employee of the Department of Defense to serve as
a liaison officer between the Department and the Commission.
(3) Detailees authorized.--The Secretary may provide, and
the commission may accept and employ, personnel detailed from
the Department of Defense, without reimbursement.
(4) Facilitation.--
(A) Independent, non-government institute.--Not later than
45 days after the Commission establishment date specified in
subparagraph (a)(2), the Secretary of Defense shall make
available to the Commission the services of an independent,
non-governmental institute described in section 501(c)(3) of
the Internal Revenue Code of 1986, and exempt from tax under
section 501(a) of such Code, that has recognized credentials
[[Page S8602]]
and expertise in national security and military affairs in
order to facilitate the Commission's discharge of its duties
under this section.
(B) Federally funded research and development center.--On
request of the Commission, the Secretary of Defense shall
make available the services of a federally funded research
and development center that is covered by a sponsoring
agreement of the Department of Defense in order to enhance
the Commission's efforts to discharge its duties under this
section.
(5) Expedition of security clearances.--The Office of
Senate Security and the Office of House Security shall ensure
the expedited processing of appropriate security clearances
for personnel appointed to the commission by their respective
Senate and House offices under processes developed for the
clearance of legislative branch employees.
(i) Staff.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the commission shall be deemed
to be Federal employees.
(2) Executive director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161(d) of title 5, United States
Code.
(3) Pay.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance
with section 3161(d) of title 5, United States Code.
(j) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with
the provisions of section 3109 of title 5, United States
Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert
or consultant procured pursuant to paragraph (1) may not
exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(k) Authority to Accept Gifts.--The Commission may accept,
use, and dispose of gifts or donations of services, goods,
and property from non-Federal entities for the purposes of
aiding and facilitating the work of the Commission. The
authority in this subsection does not extend to gifts of
money. Gifts accepted under this authority shall be
documented, and conflicts of interest or the appearance of
conflicts of interest shall be avoided. Subject to the
authority in this section, commissioners shall otherwise
comply with rules set forth by the Select Committee on Ethics
of the United States Senate and the Committee on Ethics of
the House of Representatives governing Senate and House
employees.
(l) Funding.--Of the amounts authorized to be appropriated
by this act for fiscal year 2022 for the Department of
Defense, up to $5,000,000 shall be made available to the
Commission to carry out its duties under this subtitle. Funds
made available to the Commission under the preceding sentence
shall remain available until expended.
(m) Legislative Advisory Committee.--The Commission shall
operate as a legislative advisory committee and shall not be
subject to the provisions of the Federal Advisory Committee
Act (Public Law 92-463; 5 U.S.C. App) or section 552b, United
States Code (commonly known as the Government in the Sunshine
Act).
(n) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to
the extent funds are available.
(o) Use of Government Information.--The Commission may
secure directly from any department or agency of the Federal
Government such information as the Commission considers
necessary to carry out its duties. Upon such request of the
chair of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(p) Postal Services.--The Commission may use the United
States mail in the same manner and under the same conditions
as departments and agencies of the United States.
(q) Space for Use of Commission.--Not later than 30 days
after the establishment date of the Commission, the
Administrator of General Services, in consultation with the
Commission, shall identify and make available suitable excess
space within the Federal space inventory to house the
operations of the Commission. If the Administrator is not
able to make such suitable excess space available within such
30-day period, the Commission may lease space to the extent
the funds are available.
(r) Removal of Members.--A member may be removed from the
commission for cause by the individual serving in the
position responsible for the original appointment of such
member under subsection (b)(1), provided that notice has
first been provided to such member of the cause for removal,
voted and agreed upon by three quarters of the members
serving. A vacancy created by the removal of a member under
this section shall not affect the powers of the commission,
and shall be filled in the same manner as the original
appointment was made.
(s) Termination.--The Commission shall terminate 90 days
after the date on which it submits the report required by
subsection (g).
SEC. 1062. ASSESSMENT OF REQUIREMENTS FOR AND MANAGEMENT OF
ARMY THREE-DIMENSIONAL TERRAIN DATA.
(a) Joint Assessments and Determinations.--The Vice
Chairman of the Joint Chiefs of Staff, the Under Secretary of
Defense for Intelligence and Security, and the Secretary of
the Army, in consultation with other appropriate Department
of Defense officials, shall jointly--
(1) assess joint force requirements for three-dimensional
terrain data to achieve Combined Joint All-Domain Command and
Control (CJADC2), including the use of such data for Multi-
Domain Operations'--
(A) training;
(B) planning;
(C) mission rehearsal;
(D) operations;
(E) after action review;
(F) intelligence, including geolocation support to
intelligence collection systems;
(G) targeting; and
(H) modeling and simulation;
(2) determine whether One World Terrain three-dimensional
geospatial data meets the accuracy, resolution, and currency
required for precision targeting; and
(3) determine the optimum management and joint funding
structure for the collection, production, storage, and
consumption of three-dimensional terrain data, including
consideration of--
(A) designating the Army as the Executive Agent for
warfighter collection, production and consumption of three-
dimensional geospatial content at the point-of-need; and
(B) designating the National Geospatial Intelligence Agency
as Executive Agent for three-dimensional data validation and
certification, enterprise storage and retrieval, joint three-
dimensional data functions, and foundational three-
dimensional geospatial intelligence;
(C) establishing governance structures across the military
departments and the National Geospatial Intelligence Agency
for the procurement and production of three-dimensional
terrain data from commercial sources; and
(D) establishing three-dimensional One World Terrain as a
program of record.
(b) Army Management Considerations.--If the Vice Chairman,
the Under Secretary, and the Secretary of the Army determine
that the Army should serve as the Executive Agent for
Department of Defense three-dimensional terrain data, the
Secretary shall determine the respective roles of the Army
Acquisition Executive, including the Program Executive
Officers for Simulation, Training, and Instrumentation and
Intelligence, Electronic Warfare and Sensors, and the Army's
Geographic Information Officer and Geospatial Center (AGC).
(c) Additional Army Determinations.--The Secretary of the
Army shall determine whether operational use of the
Integrated Visual Augmentation System, and Army intelligence
and mission command systems, require three-dimensional One
World Terrain data for assigned operational missions,
including targeting.
(d) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Vice Chairman, the
Under Secretary, and the Secretary of the Army shall complete
the assessments and determinations required by this section
and provide a briefing to the congressional defense
committees on such assessments and determinations.
SEC. 1063. MODIFICATION TO REGIONAL CENTERS FOR SECURITY
STUDIES.
(a) In General.--Section 342(b)(2) of title 10, United
States Code, is amended by adding at the end the following
new subparagraph:
``(F) The Ted Stevens Center for Arctic Security
Studies.''.
(b) Acceptance of Gifts and Donations.--Section 2611(a)(2)
of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(F) The Ted Stevens Center for Arctic Security
Studies.''.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. CIVILIAN PERSONNEL MANAGEMENT.
Section 129(a) of title 10, United States Code, is
amended--
(1) in the first sentence, by striking ``primarily on the
basis of and consistent with'' and inserting ``according
to''; and
(2) by striking the second sentence.
SEC. 1102. CONSIDERATION OF EMPLOYEE PERFORMANCE IN
REDUCTIONS IN FORCE FOR CIVILIAN POSITIONS IN
THE DEPARTMENT OF DEFENSE.
Section 1597(e) title 10, United States Code, is amended--
(1) by striking the subsection heading and inserting
``Consideration of Employee Performance in Reductions''; and
(2) by striking ``be made primarily on the basis of'' and
inserting ``, among other factors as determined by the
Secretary, account for employee''.
SEC. 1103. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF PERSONAL
INTEREST REQUIREMENTS FOR DEPARTMENT OF DEFENSE
OFFICERS AND EMPLOYEES.
(a) In General.--In addition to the prohibition set forth
in section 208 of title 18,
[[Page S8603]]
United States Code, an officer or employee of the Department
of Defense may not participate personally and substantially
in any covered matter that the officer or employee knows, or
reasonably should know, is likely to have a direct and
predictable effect on the financial interests of--
(1) any organization, including a trade organization, for
which the officer or employee has served as an employee,
officer, director, trustee, or general partner in the past 4
years;
(2) a former direct competitor or client of any
organization for which the officer or employee has served as
an employee, officer, director, trustee, or general partner
in the past 4 years; or
(3) any employer with whom the officer or employee is
seeking employment.
(b) Construction.--Nothing in this section shall be
construed to terminate, alter, or make inapplicable any other
prohibition or limitation in law or regulation on the
participation of officers or employees of the Department of
Defense in covered matters having an effect on their or
related financial or other personal interests.
(c) Covered Matter Defined.--In this section, the term
``covered matter''--
(1) means any matter that involves deliberation, decision,
or action that is focused upon the interests of a specific
person or a discrete and identifiable class of persons; and
(2) includes policymaking that is narrowly focused on the
interests of a discrete and identifiable class of persons.
SEC. 1104. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT
THE DEFENSE INSTITUTE OF INTERNATIONAL LEGAL
STUDIES.
Section 1595(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(6) The Defense Institute of International Legal
Studies.''.
SEC. 1105. EXTENSION OF TEMPORARY INCREASE IN MAXIMUM AMOUNT
OF VOLUNTARY SEPARATION INCENTIVE PAY
AUTHORIZED FOR CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Section 1107 of the National Defense
Authorization Act for Fiscal Year 2017 (5 U.S.C. 9902 note)
is amended by striking ``September 30, 2021'' and inserting
``September 30, 2025''.
(b) Briefings.--Not later than December 31, 2023, and
December 31, 2025, the Secretary of Defense shall provide a
briefing to the Committee on Armed Services and the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives
including--
(1) a description of the effect of such section 1107 (as
amended by subsection (a)) on the management of the
Department of Defense civilian workforce during the most
recently ended fiscal year;
(2) the number of employees offered voluntary separation
incentive payments during such fiscal year by operation of
such section; and
(3) the number of such employees that accepted such
payments.
SEC. 1106. 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 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. 1107. 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. 1108. PILOT PROGRAM ON DIRECT HIRE AUTHORITY FOR SPOUSES
OF MEMBERS OF THE UNIFORMED SERVICES AT
LOCATIONS OUTSIDE THE UNITED STATES.
(a) In General.--The Secretary of Defense may carry out a
pilot program to assess the feasibility and advisability of
using the authority under subsection (b) to hire spouses of
members of the uniformed services at locations outside the
United States.
(b) Authority.--In carrying out the pilot program under
this section, the Secretary may appoint, without regard to
the provisions of subchapter I of chapter 33 of title 5,
United States Code (other than sections 3303 and 3328 of such
chapter), a spouse of a member of the uniformed services
stationed at a duty location outside the United States to a
position described in subsection (c) if--
(1) the spouse has been authorized to accompany the member
to the duty location at Government expense; and
(2) the duty location is within reasonable commuting
distance, as determined by the Secretary concerned, of the
location of the position.
(c) Position Described.--A position described in this
subsection is a competitive service position within the
Department of Defense that is located outside the United
States.
(d) Term of Appointment.--
(1) In general.--An appointment made under this section
shall be for a term not exceeding two years.
(2) Renewal.--The Secretary of Defense may renew an
appointment made under this section for one additional term
not exceeding two years.
(3) Termination.--An appointment made under this section
shall terminate on the date on which the member of the
uniformed services relocates back to the United States in
connection with a permanent change of station.
(e) Payment of Travel and Transportation Allowances.--
Nothing in this section may be construed to authorize
additional travel or transportation allowances in connection
with an appointment made under this section.
(f) Relationship to Other Law.--Nothing in this section may
be construed to interfere with--
(1) the authority of the President under section 3304 of
title 5, United States Code;
(2) the authority of the President under section 1784 of
title 10, United States Code;
(3) the ability of the head of an agency to make
noncompetitive appointments pursuant to section 3330d of
title 5, United States Code; or
(4) any obligation under any applicable treaty, status of
forces agreement, or other international agreement between
the United States Government and the government of the
country in which the position is located.
(g) Reports Required.--
(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 appropriate
committees of Congress a report setting forth the following:
(A) The number of individuals appointed under this section.
(B) The position series and grade to which each individual
described in subparagraph (A) was appointed.
(C) Demographic data on the individuals described in
subparagraph (A), including with respect to race, gender,
age, and education level attained.
(D) Data on the members of the uniformed services whose
spouses have been appointed under this section, including the
rank of each such member.
(E) Such recommendations for legislative or administrative
action as the Secretary considers appropriate relating to
continuing or expanding the pilot program.
(2) Final report.--Not later than December 31, 2026, the
Secretary shall submit to the appropriate committees of
Congress a final report setting forth the information under
paragraph (1).
(h) Termination.--The pilot program under this section
shall terminate on December 31, 2026.
(i) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives.
(2) Secretary concerned.--The term ``Secretary
concerned''--
(A) has the meaning given the term in section 101(a)(9) of
title 10, United States Code; and
(B) includes--
(i) the Secretary of Commerce, with respect to matters
concerning the commissioned officer corps of the National
Oceanic and Atmospheric Administration; and
(ii) the Secretary of Health and Human Services, with
respect to matters concerning the commissioned corps of the
Public Health Service.
(3) Uniformed services.--The term ``uniformed services''
has the meaning given the term in section 101(a)(5) of title
10, United States Code.
(4) United states.--The term ``United States'' has the
meaning given that term in section 101(a)(1) of title 10,
United States Code.
SEC. 1109. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT AT
UNITED STATES CYBER COMMAND.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives; and
(D) the Committee on Armed Services of the House of
Representatives.
(2) Commander.--The term ``Commander'' means the Commander
of the United States Cyber Command.
(3) Competitive service.--The term ``competitive service''
has the meaning given the term in section 2102 of title 5,
United States Code.
(4) Excepted service.--The term ``excepted service'' has
the meaning given the
[[Page S8604]]
term in section 2103 of title 5, United States Code.
(5) Significant incident.--The term ``significant
incident''--
(A) means an incident or a group of related incidents that
results, or is likely to result, in demonstrable harm to--
(i) the national security interests, foreign relations, or
economy of the United States; or
(ii) the public confidence, civil liberties, or public
health and safety of the people of the United States; and
(B) does not include an incident or a portion of a group of
related incidents that occurs on--
(i) a national security system, as defined in section 3552
of title 44, United States Code; or
(ii) an information system described in paragraph (2) or
(3) of section 3553(e) of title 44, United States Code.
(6) Temporary position.--The term ``temporary position''
means a position in the competitive or excepted service for a
period of 180 days or less.
(7) Uniformed services.--The term ``uniformed services''
has the meaning given the term in section 2101 of title 5,
United States Code.
(b) Pilot Project.--
(1) In general.--The Commander shall carry out a pilot
project to establish a Civilian Cybersecurity Reserve at the
United States Cyber Command.
(2) Purpose.--The purpose of the Civilian Cybersecurity
Reserve is to enable the United States Cyber Command to
effectively respond to significant incidents.
(3) Alternative methods.--Consistent with section 4703 of
title 5, United States Code, in carrying out the pilot
project required under paragraph (1), the Commander may,
without further authorization from the Office of Personnel
Management, provide for alternative methods of--
(A) establishing qualifications requirements for,
recruitment of, and appointment to positions; and
(B) classifying positions.
(4) Appointments.--Under the pilot project required under
paragraph (1), upon occurrence of a significant incident, the
Commander--
(A) may activate members of the Civilian Cybersecurity
Reserve by--
(i) noncompetitively appointing members of the Civilian
Cybersecurity Reserve to temporary positions in the
competitive service; or
(ii) appointing members of the Civilian Cybersecurity
Reserve to temporary positions in the excepted service;
(B) shall notify Congress whenever a member is activated
under subparagraph (A); and
(C) may appoint not more than 50 members to the Civilian
Cybersecurity Reserve under subparagraph (A) at any time.
(5) Status as employees.--An individual appointed under
paragraph (4) shall be considered a Federal civil service
employee under section 2105 of title 5, United States Code.
(6) Additional employees.--Individuals appointed under
paragraph (4) shall be in addition to any employees of the
United States Cyber Command who provide cybersecurity
services.
(7) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-
discrimination in reemployment of individuals appointed under
paragraph (4), provided that such regulations shall include,
at a minimum, those rights and obligations set forth under
chapter 43 of title 38, United States Code.
(8) Status in reserve.--During the period beginning on the
date on which an individual is recruited by the United States
Cyber Command to serve in the Civilian Cybersecurity Reserve
and ending on the date on which the individual is appointed
under paragraph (4), and during any period in between any
such appointments, the individual shall not be considered a
Federal employee.
(c) Eligibility; Application and Selection.--
(1) In general.--Under the pilot project required under
subsection (b)(1), the Commander shall establish criteria
for--
(A) individuals to be eligible for the Civilian
Cybersecurity Reserve; and
(B) the application and selection processes for the
Civilian Cybersecurity Reserve.
(2) Requirements for individuals.--The criteria established
under paragraph (1)(A) with respect to an individual shall
include--
(A) if the individual has previously served as a member of
the Civilian Cybersecurity Reserve, that the previous
appointment ended not less than 60 days before the individual
may be appointed for a subsequent temporary position in the
Civilian Cybersecurity Reserve; and
(B) cybersecurity expertise.
(3) Prescreening.--The Commander shall--
(A) conduct a prescreening of each individual prior to
appointment under subsection (b)(4) for any topic or product
that would create a conflict of interest; and
(B) require each individual appointed under subsection
(b)(4) to notify the Commander if a potential conflict of
interest arises during the appointment.
(4) Agreement required.--An individual may become a member
of the Civilian Cybersecurity Reserve only if the individual
enters into an agreement with the Commander to become such a
member, which shall set forth the rights and obligations of
the individual and the United States Cyber Command.
(5) Exception for continuing military service
commitments.--A member of the Selected Reserve under section
10143 of title 10, United States Code, may not be a member of
the Civilian Cybersecurity Reserve.
(6) Prohibition.--Any individual who is an employee of the
executive branch may not be recruited or appointed to serve
in the Civilian Cybersecurity Reserve.
(d) Security Clearances.--
(1) In general.--The Commander shall ensure that all
members of the Civilian Cybersecurity Reserve undergo the
appropriate personnel vetting and adjudication commensurate
with the duties of the position, including a determination of
eligibility for access to classified information where a
security clearance is necessary, according to applicable
policy and authorities.
(2) Cost of sponsoring clearances.--If a member of the
Civilian Cybersecurity Reserve requires a security clearance
in order to carry out the duties of the member, the United
States Cyber Command shall be responsible for the cost of
sponsoring the security clearance of the member.
(e) Study and Implementation Plan.--
(1) Study.--Not later than 60 days after the date of the
enactment of this Act, the Commander shall begin a study on
the design and implementation of the pilot project required
under subsection (b)(1), including--
(A) compensation and benefits for members of the Civilian
Cybersecurity Reserve;
(B) activities that members may undertake as part of their
duties;
(C) methods for identifying and recruiting members,
including alternatives to traditional qualifications
requirements;
(D) methods for preventing conflicts of interest or other
ethical concerns as a result of participation in the pilot
project and details of mitigation efforts to address any
conflict of interest concerns;
(E) resources, including additional funding, needed to
carry out the pilot project;
(F) possible penalties for individuals who do not respond
to activation when called, in accordance with the rights and
procedures set forth under title 5, Code of Federal
Regulations; and
(G) processes and requirements for training and onboarding
members.
(2) Implementation plan.--Not later than one year after
beginning the study required under paragraph (1), the
Commander shall--
(A) submit to the appropriate congressional committees an
implementation plan for the pilot project required under
subsection (b)(1); and
(B) provide to the appropriate congressional committees a
briefing on the implementation plan.
(3) Prohibition.--The Commander may not take any action to
begin implementation of the pilot project required under
subsection (b)(1) until the Commander fulfills the
requirements under paragraph (2).
(f) Project Guidance.--Not later than two years after the
date of the enactment of this Act, the Commander shall, in
consultation with the Office of Personnel Management and the
Office of Government Ethics, issue guidance establishing and
implementing the pilot project required under subsection
(b)(1).
(g) Briefings and Report.--
(1) Briefings.--Not later than one year after the date of
the enactment of this Act, and every year thereafter until
the date on which the pilot project required under subsection
(b)(1) terminates under subsection (i), the Commander shall
provide to the appropriate congressional committees a
briefing on activities carried out under the pilot project,
including--
(A) participation in the Civilian Cybersecurity Reserve,
including the number of participants, the diversity of
participants, and any barriers to recruitment or retention of
members;
(B) an evaluation of the ethical requirements of the pilot
project;
(C) whether the Civilian Cybersecurity Reserve has been
effective in providing additional capacity to the United
States Cyber Command during significant incidents; and
(D) an evaluation of the eligibility requirements for the
pilot project.
(2) Report.--Not earlier than 180 days and not later than
90 days before the date on which the pilot project required
under subsection (b)(1) terminates under subsection (i), the
Commander shall submit to the appropriate congressional
committees a report and provide a briefing on recommendations
relating to the pilot project, including recommendations
for--
(A) whether the pilot project should be modified, extended
in duration, or established as a permanent program, and if
so, an appropriate scope for the program;
(B) how to attract participants, ensure a diversity of
participants, and address any barriers to recruitment or
retention of members of the Civilian Cybersecurity Reserve;
(C) the ethical requirements of the pilot project and the
effectiveness of mitigation efforts to address any conflict
of interest concerns; and
(D) an evaluation of the eligibility requirements for the
pilot project.
(h) Evaluation.--Not later than three years after the pilot
project required under subsection (b)(1) is established, the
Comptroller General of the United States shall--
(1) conduct a study evaluating the pilot project; and
(2) submit to Congress--
(A) a report on the results of the study; and
[[Page S8605]]
(B) a recommendation with respect to whether the pilot
project should be modified.
(i) Sunset.--The pilot project required under subsection
(b)(1) shall terminate on the date that is four years after
the date on which the pilot project is established.
(j) No Additional Funds.--
(1) In general.--No additional funds are authorized to be
appropriated for the purpose of carrying out this section.
(2) Existing authorized amounts.--Funds to carry out this
section may, as provided in advance in appropriations Acts,
only come from amounts authorized to be appropriated to the
United States Cyber Command.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. AUTHORITY TO BUILD CAPACITY FOR ADDITIONAL
OPERATIONS.
Section 333(a)(3) of title 10, United States Code, is
amended by inserting ``or other counter-illicit trafficking
operations'' before the period.
SEC. 1202. ADMINISTRATIVE SUPPORT AND PAYMENT OF CERTAIN
EXPENSES FOR COVERED FOREIGN DEFENSE PERSONNEL.
(a) In General.--Subchapter IV of chapter 16 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 334. Administrative support and payment of certain
expenses for covered foreign defense personnel
``(a) In General.--The Secretary of Defense may--
``(1) provide administrative services and support to the
United Nations Command for the performance of duties by
covered foreign defense personnel during the period in which
the covered foreign defense personnel are assigned to the
United Nations Command or the Neutral Nations Supervisory
Commission in accordance with the Korean War Armistice
Agreement of 1953; and
``(2) pay the expenses specified in subsection (b) for
covered foreign defense personnel who are--
``(A) from a developing country; and
``(B) assigned to the headquarters of the United Nations
Command.
``(b) Types of Expenses.--The types of expenses that may be
paid under the authority of subsection (a)(2) are the
following:
``(1) Travel and subsistence expenses directly related to
the duties of covered foreign defense personnel described in
subsection (a)(2) in connection with the assignment of such
covered foreign defense personnel.
``(2) Personal expenses directly related to carrying out
such duties.
``(3) Expenses for medical care at a military medical
facility.
``(4) Expenses for medical care at a civilian medical
facility, if--
``(A) adequate medical care is not available to such
covered foreign defense personnel at a local military medical
treatment facility;
``(B) the Secretary determines that payment of such medical
expenses is necessary and in the best interests of the United
States; and
``(C) medical care is not otherwise available to such
covered foreign defense personnel pursuant to a treaty or any
other international agreement.
``(5) Mission-related travel expenses, if--
``(A) such travel is in direct support of the national
interests of the United States; and
``(B) the Commander of the United Nations Command directs
round-trip travel from the headquarters of the United Nations
Command to one or more locations.
``(c) Reimbursement.--The Secretary may provide the
administrative services and support and pay the expenses
authorized by subsection (a) with or without reimbursement.
``(d) Definitions.--In this section:
``(1) The term `administrative services and support' means
base or installation support services, facilities use, base
operations support, office space, office supplies, utilities,
copying services, computer support, communication services,
fire and police protection, postal services, bank services,
transportation services, housing and temporary billeting
(including ancillary services), specialized clothing required
to perform assigned duties, temporary loan of special
equipment, storage services, training services, and repair
and maintenance services.
``(2) The term `covered foreign defense personnel' means
members of the military of a foreign country who are assigned
to--
``(A) the United Nations Command; or
``(B) the Neutral Nations Supervisory Commission.
``(3) The term `developing country' has the meaning given
the term in section 301(4) of this title.
``(4) The term `Neutral Nations Supervisory Commission'
means the delegations from Sweden and Switzerland (or
successor delegations) appointed in accordance with the
Korean War Armistice Agreement of 1953 or its subsequent
agreements.
``(5) The term `United Nations Command' means the
headquarters of the United Nations Command, the United
Nations Command Military Armistice Commission, the United
Nations Command-Rear, and the United Nations Command Honor
Guard.''.
(b) Conforming Amendment.--The table of sections at the
beginning of subchapter IV of chapter 16 of title 10, United
States Code, is amended by adding at the end the following
new item:
``334. Administrative support and payment of certain expenses for
covered foreign defense personnel.''.
SEC. 1203. AUTHORITY FOR CERTAIN REIMBURSABLE INTERCHANGE OF
SUPPLIES AND SERVICES.
Section 2571 of title 10, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) If its head approves, a department or organization
within the Department of Defense may, upon request, perform
work and services for, or furnish supplies to, any other of
those departments or organizations, with or without
reimbursement or transfer of funds.
``(2) Use of the authority under this section for
reimbursable support is limited to support for the purpose of
providing assistance to a foreign partner pursuant to section
333 and section 345 of this title.''; and
(2) by adding at the end the following new subsection:
``(e)(1) An order placed by a department or organization on
a reimbursable basis pursuant to subsection (b) shall be
considered to be an obligation in the same manner as an order
placed under section 6307 of title 41.
``(2) Amounts received as reimbursement shall be credited
in accordance with section 2205 of this title to the
appropriation of the supporting department or organization
used in incurring the obligation in the year or years that
support is provided.''.
SEC. 1204. EXTENSION AND MODIFICATION OF DEPARTMENT OF
DEFENSE SUPPORT FOR STABILIZATION ACTIVITIES IN
NATIONAL SECURITY INTEREST OF THE UNITED
STATES.
Section 1210A of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1626) is
amended--
(1) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) In general.--Amounts authorized to be provided
pursuant to this section shall be available only for support
for stabilization activities--
``(A)(i) in a country specified in paragraph (2); and
``(ii) that the Secretary of Defense, with the concurrence
of the Secretary of State, has determined are in the national
security interest of the United States; or
``(B) in a country or region that has been selected as a
priority country or region under section 505 of the Global
Fragility Act of 2019 (22 U.S.C. 9804).'';
(2) in subsection (g)(1), by striking ``, Defense-wide'';
and
(3) in subsection (h), by striking ``December 31, 2021''
and inserting ``December 31, 2023''.
SEC. 1205. TEMPORARY AUTHORITY TO PAY FOR PERSONNEL EXPENSES
OF FOREIGN NATIONAL SECURITY FORCES
PARTICIPATING IN THE TRAINING PROGRAM OF THE
UNITED STATES-COLOMBIA ACTION PLAN FOR REGIONAL
SECURITY.
(a) Authority.--For fiscal year 2022, the Secretary of
Defense is authorized to pay for the travel, subsistence, and
similar personnel expenses of the national security forces of
a friendly foreign country to participate in the training
program of the United States-Colombia Action Plan for
Regional Security conducted at a facility in Colombia.
(b) Notification.--Not later than 15 days before the
exercise of the authority under subsection (a), the Secretary
shall provide to the congressional defense committees a
written notification that includes the following:
(1) An identification of the foreign country, and the
specific unit of the national security forces of such
country, the capacity of which will be built by participating
in such training program.
(2) The amount of support to be provided under that
subsection.
(3) An identification of the United States equipment
purchased or acquired by such foreign country, for the use of
which training is being provided under such training program.
(4) A description of the specific capabilities to be built
through such training program with such support.
(5) A detailed description of the manner in which building
the capabilities of such country through such training
program advances the national security interests of the
United States.
(6) A detailed assessment of the effectiveness of such
training program in meeting Department of Defense
requirements for building the capacity of such country.
(c) Source of Funds.--Of the amounts authorized to be
appropriated for fiscal year 2022 for the Department of
Defense for operation and maintenance, Defense-wide, the
Secretary may obligate or expend such amounts as may be
necessary to pay for expenses described in subsection (a) for
such fiscal year.
(d) Limitation.--The provision of support under subsection
(a) shall be subject to section 362 of title 10, United
States Code.
SEC. 1206. SECURITY COOPERATION STRATEGY FOR CERTAIN
COMBATANT COMMANDS.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of State, shall develop and implement a
security cooperation strategy for each covered combatant
command, which shall apply to the security cooperation
programs and activities of the Department of Defense (as
defined in section 301 of title 10, United States Code).
(b) Purposes.--The purposes of the strategies required by
subsection (a) are the following:
[[Page S8606]]
(1) To support and advance United States national security
interests in strategic competition with near-peer rivals.
(2) To build key capabilities of allied and partner
security forces so as to enhance bilateral and multilateral
interoperability and responsiveness in the event of a crisis.
(3) To build the capabilities of foreign partner security
forces to secure their own territory, including through
operations against violent extremist groups.
(4) To promote and build institutional capabilities for
observance of, and respect for--
(A) the law of armed conflict;
(B) human rights and fundamental freedoms;
(C) the rule of law; and
(D) civilian control of the military.
(5) To support the programs and activities of law
enforcement and civilian agencies to counter the threat of
and reduce risks from illicit trafficking and transnational
criminal organizations.
(c) Elements.--The strategy for each covered combatant
command required by subsection (a) shall include the
following:
(1) A statement of the security cooperation strategic
objectives for--
(A) the covered combatant command; and
(B) the covered combatant command in conjunction with other
covered combatant commands.
(2) A description of the primary security cooperation lines
of effort for achieving such strategic objectives, including
prioritization of foreign partners within the covered
combatant command.
(3) A description of the Department of Defense authorities
to be used for each such line of effort and the manner in
which such authorities will contribute to achieving such
strategic objectives.
(4) A description of the institutional capacity-building
programs and activities within the covered combatant command
and an assessment of the manner in which such programs and
activities contribute to achieving such strategic objectives.
(5) A description of the manner in which the development,
planning, and implementation of programs or activities under
Department of Defense security cooperation authorities are
coordinated and deconflicted with security assistance and
other assistance authorities of the Department of State and
other civilian agencies.
(d) Consultation.--In developing the strategy for each
covered combatant command required by subsection (a), the
Secretary of Defense shall consult with--
(1) the Under Secretary of Defense for Policy;
(2) the Chairman of the Joint Chiefs of Staff;
(3) the Director of the Defense Security Cooperation
Agency; and
(4) the commander of the relevant covered combatant
command.
(e) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the security cooperation strategy for each covered combatant
command developed under subsection (a).
(2) Subsequent reports.--Beginning in fiscal year 2023, and
annually thereafter through fiscal year 2027, concurrently
with the submittal of the report required by section 386(a)
of title 10, United States Code, the Secretary of Defense
shall submit to the appropriate committees of Congress a
report on the implementation of the security cooperation
strategy for each covered combatant command developed under
subsection (a).
(f) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(2) Covered combatant command.--The term ``covered
combatant command'' means--
(A) the United States European Command;
(B) the United States Indo-Pacific Command;
(C) the United States Central Command;
(D) the United States Africa Command;
(E) the United States Southern Command; and
(F) the United States Northern Command.
SEC. 1207. PLAN FOR ENHANCING WESTERN HEMISPHERE SECURITY
COOPERATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate committees of Congress a plan for enhancing
security cooperation and advancing United States strategic
interests in the Western Hemisphere.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) Activities to expand bilateral and multilateral
security cooperation in Latin America and the Caribbean so as
to maintain consistent United States presence in the region.
(2) Activities to build the defense and security capacity
(other than civilian law enforcement) of partner countries in
Latin America and the Caribbean.
(3) Activities to counter malign influence of state actors
and transnational criminal organizations with connections to
illicit trafficking, terrorism, or weapons proliferation.
(4) Efforts to disrupt, degrade, and counter transnational
illicit trafficking, with an emphasis on illicit narcotics
and precursor chemicals that produce illicit narcotics.
(5) Activities to provide transparency and support for
strong and accountable defense institutions through
institutional capacity-building efforts, including efforts to
ensure compliance with internationally recognized human
rights standards.
(6) Steps to expand bilateral and multinational military
exercises and training with partner countries in Latin
America and the Caribbean.
(7) The provision of assistance to--
(A) such partner countries for regional defense; and
(B) security organizations and institutions and national
military or other security forces (other than civilian law
enforcement) that carry out national or regional security
missions.
(8) The provision of training and education to defense and
security ministries, agencies, and headquarters-level
organizations for organizations and forces described in
paragraph (7)(B).
(9) Activities to counter misinformation and disinformation
campaigns and highlight corrupt, predatory, and illegal
practices.
(10) The provision of Department of Defense humanitarian
assistance and disaster relief to support partner countries
by promoting the development and growth of responsive
institutions through activities such as--
(A) the provision of equipment, training, and logistical
support;
(B) transportation of humanitarian supplies or foreign
security forces or personnel;
(C) making available, preparing, and transferring on-hand
nonlethal Department of Defense stocks for humanitarian or
health purposes to respond to unforeseen emergencies;
(D) the provision of Department of Defense humanitarian de-
mining assistance;
(E) conducting physical security and stockpile-management
activities; and
(F) conducting medical support operations or medical
humanitarian missions, as appropriate, such as hospital-ship
deployments and base-operating services, to the extent
required by the operation.
(11) Continued support for the Women, Peace, and Security
efforts of the Department of State to support the capacity of
partner countries in the Western Hemisphere--
(A) to ensure that women and girls are safe and secure and
the rights of women and girls are protected; and
(B) to promote the meaningful participation of women in the
defense and security sectors.
(12) The provision of support to increase the capacity and
effectiveness of Department of Defense educational programs
and institutions, such as the William J. Perry Center, and
international institutions, such as the Inter-American
Defense Board and the Inter-American Defense College, that
promote United States defense objectives through bilateral
and regional relationships.
(13) Professional military education initiatives.
(14) The allocation of maritime vessels to the United
States 4th Fleet.
(15) A detailed assessment of the resources required to
carry out such plan.
(c) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1208. PILOT PROGRAM TO SUPPORT THE IMPLEMENTATION OF THE
WOMEN, PEACE, AND SECURITY ACT OF 2017.
Section 1210E of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended by--
(1) redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new
subsections (f) and (g):
``(f) Pilot Program.--
``(1) Establishment.--The Secretary of Defense, in
consultation with the Secretary of State, shall establish and
carry out a pilot program for the purpose of conducting
partner country assessments described in subsection (b)(2).
``(2) Contract authority.--The Secretary of Defense, in
consultation with the Secretary of State, shall seek to enter
into one or more contracts with a nonprofit organization or a
federally funded research and development center independent
of the Department for the purpose of conducting such partner
country assessments.
``(3) Selection of countries.--
``(A) In general.--The Secretary of Defense, in
consultation with the commanders of the combatant commands
and relevant United States ambassadors, shall select one
partner country within the area of responsibility of each
geographic combatant command for participation in the pilot
program.
``(B) Considerations.--In making the selection under
subparagraph (A), the Secretary of Defense shall consider--
[[Page S8607]]
``(i) the demonstrated political commitment of the partner
country to increasing the participation of women in the
security sector; and
``(ii) the national security priorities and theater
campaign strategies of the United States.
``(4) Partner country assessments.--Partner country
assessments conducted under the pilot program shall be--
``(A) adapted to the local context of the partner country
being assessed;
``(B) conducted in collaboration with the security sector
of the partner country being assessed; and
``(C) based on tested methodologies.
``(5) Review and assessment.--With respect to each partner
country assessment conducted under the pilot program, the
Secretary of Defense, in consultation with the Secretary of
State, shall--
``(A) review the methods of research and analysis used by
any entity contracted with under paragraph (2) in conducting
the assessment and identify lessons learned from such review;
and
``(B) assess the ability of the Department to conduct
future partner country assessments without entering into such
a contract, including by assessing potential costs and
benefits for the Department that may arise in conducting such
future assessments.
``(6) Findings.--
``(A) In general.--The Secretary of Defense, in
consultation with the Secretary of State, shall use findings
from each partner country assessment to inform effective
security cooperation activities and security sector
assistance interventions by the United States in the partner
country assessed, which shall be designed to substantially
increase opportunities for the recruitment, employment,
development, retention, deployment, and promotion of women in
the national security forces of such partner country
(including for deployments to peace operations and for
participation in counterterrorism operations and activities).
``(B) Model methodology.--The Secretary of Defense, in
consultation with the Secretary of State, shall develop,
based on the findings of the pilot program, a model barrier
assessment methodology for use across the geographic
combatant commands.
``(7) Reports.--
``(A) In general.--Not later than 2 years after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Secretary of Defense, in consultation
with the Secretary of State, shall submit to the appropriate
committees of Congress an initial report on the
implementation of the pilot program under this subsection
that includes an identification of the partner countries
selected for participation in the program and the
justifications for such selections.
``(B) Methodology.--On the date on which the Secretary of
Defense determines the pilot program to be complete, the
Secretary of Defense, in consultation with the Secretary of
State, shall submit to the appropriate committees of Congress
a report on the model barrier assessment methodology
developed under paragraph (6)(B).
``(g) Briefing.--Not later than 1 year after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Director of the Defense Security
Cooperation Agency shall provide to the appropriate
committees of Congress a briefing on the efforts to build
partner defense institution and security force capacity
pursuant to this section.''.
SEC. 1209. LIMITATION ON SUPPORT TO MILITARY FORCES OF THE
KINGDOM OF MOROCCO FOR BILATERAL OR
MULTILATERAL EXERCISES.
(a) In General.--None of the funds authorized to be
appropriated by this Act for fiscal year 2022 may be used by
the Secretary of Defense to support the participation of the
military forces of the Kingdom of Morocco in any bilateral or
multilateral exercise administered by the Department of
Defense unless the Secretary determines, and certifies to the
congressional defense committees, that the Kingdom of Morocco
has taken steps to support a final peace agreement with
Western Sahara.
(b) Waiver.--The Secretary may waive the application of the
limitation under subsection (a) if the Secretary submits to
the congressional defense committees--
(1) a written determination that the waiver is important to
the national security interests of the United States; and
(2) a detailed explanation of the manner in which the
waiver furthers such interests.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR
SUPPORT FOR RECONCILIATION ACTIVITIES LED BY
THE GOVERNMENT OF AFGHANISTAN AND PROHIBITION
ON USE OF FUNDS FOR THE TALIBAN AND OTHER
TERRORIST GROUPS.
(a) Extension and Modification of Authority.--
(1) Location of covered support.--Subsection (e) of section
1218 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 132 Stat. 1633) is amended to
read as follows:
``(e) Location of Covered Support.--
``(1) Afghanistan.--The Secretary of Defense may provide
covered support within Afghanistan.
``(2) Other countries.-- The Secretary of Defense may
provide covered support in any country in the near abroad of
Afghanistan if the Secretary of Defense, in coordination with
the Secretary of State, determines, and certifies to the
appropriate committees of Congress, that providing covered
support in such a country is in the national security
interest of the United States.''.
(2) Notification.--Subsection (f) of such section is
amended, in the matter preceding paragraph (1), by striking
``Pakistan'' and inserting ``any country in the near abroad
of Afghanistan''.
(3) Reports.--Subsection (j)(1) of such section is amended
to read as follows:
``(1) In general.-- Not later than 90 days after the date
on which the Secretary of Defense uses the authority under
this section, and every 180 days thereafter, the Secretary of
Defense, in coordination with the Secretary of State, shall
submit to the appropriate committees of Congress a report on
the covered support provided pursuant to such use of
authority.''.
(4) Extension.--Subsection (k) of such section is amended
by striking ``December 31, 2021'' and inserting ``December
31, 2022''.
(5) Near abroad of afghanistan defined.--Subsection (l) of
such section is amended--
(A) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(B) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Near abroad of afghanistan.--The term `near abroad of
Afghanistan' means South Asia, Central Asia, and the Persian
Gulf.''.
(b) Prohibition on Use of Funds for the Taliban and Other
Terrorist Groups.--None of the funds authorized to be
appropriated by this Act may be made available for the
transfer of funds, supplies, or other items of monetary value
to the Taliban or members of other terrorist groups.
SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 393) is amended by striking
``beginning on October 1, 2020, and ending on December 31,
2021'' and inserting ``beginning on October 1, 2021, and
ending on December 31, 2022''.
(b) Modification to Limitation.--Subsection (d)(1) of such
section is amended--
(1) by striking ``beginning on October 1, 2020, and ending
on December 31, 2021'' and inserting ``beginning on October
1, 2021, and ending on December 31, 2022''; and
(2) by striking ``$180,000,000'' and inserting
``$160,000,000''.
SEC. 1213. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and
Reporting Requirements.--Funds available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal
year 2022 shall be subject to the conditions contained in--
(1) subsections (b) through (f) of section 1513 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 428); and
(2) section 1521(d)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2577).
(b) Use of Funds.--
(1) Advisors to ministries.--Paragraph (1) of subsection
(b) of such section 1513 is amended by inserting ``,
including costs of Department of Defense personnel who advise
such Ministries'' before the period at the end.
(2) Type of assistance.--Such subsection (b) is further
amended--
(A) in paragraph (2), by inserting ``(including program and
security assistance management support)'' after ``services'';
and
(B) by adding at the end the following new paragraph:
``(4) Additional authority.--
``(A) In general.--Assistance under the authority of this
section may be used, in consultation with the Secretary of
State, as the Secretary of Defense considers necessary, to
provide support and services described in subparagraph (B),
or to reimburse coalition or partner countries for the
provision of such support and services, to certain Afghan
citizens and their spouses and dependents who--
``(i) as a consequence of their association with the United
States or a coalition partner of the United States, have a
well-founded fear of persecution; or
``(ii) are aliens described in section 602(b)(2) of the
Afghan Allies Protection Act of 2009 (Public Law 111-8; 8
U.S.C. 1101 note).
``(B) Support and services described.--The support and
services described in this subparagraph are--
``(i) transportation outside of Afghanistan for the purpose
of awaiting visa processing;
``(ii) security; and
``(iii) life support.''.
(c) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that is
procured using amounts authorized to be appropriated for the
Afghanistan Security Forces Fund by this Act and intended for
transfer to the security forces of the Ministry of Defense
and the Ministry of Interior Affairs of the Government of
Afghanistan, but not accepted by such security forces.
[[Page S8608]]
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under the authority provided under
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination as to whether such
equipment was procured for the purpose of meeting
requirements of the security forces of the Ministry of
Defense and the Ministry of Interior Affairs of the
Government of Afghanistan, as agreed to by the Government of
Afghanistan and the United States Government, but is no
longer required by such security forces or was damaged before
transfer to such security forces.
(3) Elements of determination.--In making a determination
under paragraph (2) with respect to equipment, the Commander
of United States forces in Afghanistan shall consider
alternatives to the acceptance of such equipment by the
Secretary of Defense.
(4) 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.
(5) 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) Section 1521(b) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2575).
(iii) Section 1531(b) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1088).
(iv) Section 1532(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3613).
(v) Section 1531(d) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 938;
10 U.S.C. 2302 note).
(B) Elements.--Each report under subparagraph (A) shall
include, with respect to the 90-day period for which the
report is submitted--
(i) a list of any equipment accepted during such period and
treated as stocks of the Department of Defense; and
(ii) copies of any determination made under paragraph (2)
during such period, as required under paragraph (3).
(C) Reimbursable transaction authority for helicopters and
small aircraft.--The Secretary of Defense may use amounts
authorized for the Afghanistan Security Forces Fund by this
Act or the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
to purchase helicopters and small aircraft from the Secretary
of the Army.
(D) Security of afghan women.--
(i) In general.--Of the funds available to the Department
of Defense for the Afghanistan Security Forces Fund for
fiscal year 2022, it is the goal that up to $27,500,000, but
not less than $10,000,000, shall be used for programs and
activities for--
(I) the recruitment, integration, retention, training, and
treatment of women in the Afghan National Defense and
Security Forces; and
(II) the recruitment, training, and contracting of female
security personnel for future elections.
(ii) Types of programs and activities.--Such programs and
activities may include--
(I) recruitment and retention efforts with respect to women
in the Afghan National Defense and Security Forces, including
the special operations forces;
(II) programs and activities of the Directorate of Human
Rights and Gender Integration of the Ministry of Defense and
the Office of Human Rights, Gender, and Child Rights of the
Ministry of Interior Affairs of the Government of
Afghanistan;
(III) development and dissemination of gender and human
rights educational and training materials and programs within
the Ministry of Defense and the Ministry of Interior Affairs
of the Government of Afghanistan;
(IV) efforts to address harassment and violence against
women within the Afghan National Defense and Security Forces;
(V) improvements to infrastructure that address the
requirements of women serving in the Afghan National Defense
and Security Forces, including appropriate equipment for
female security and police forces, remediation, renovation,
and protection of facilities used by women, and
transportation for policewomen to their stations;
(VI) support for Afghanistan National Police Family
Response Units;
(VII) security provisions for high-profile female police
and military officers;
(VIII) programs to promote conflict prevention, management,
and resolution through the meaningful participation of Afghan
women in the Afghan National Defense and Security Forces by
exposing Afghan women and girls to the activities of and
careers available in such forces, encouraging their interest
in such careers, or developing their interest and the skills
necessary for service in such forces; and
(IX) enhancements to Afghan National Defense and Security
Forces recruitment programs for targeted advertising with the
goal of increasing the number of female recruits.
(E) Plan for maintaining oversight of funds and
activities.--Not later than 15 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the appropriate committees of Congress a report on the
plan to execute oversight of funds and activities authorized
by this section without a United States Armed Forces presence
in Afghanistan.
(F) Report and certification.--
(i) Report.--
(I) Limitation on use of funds.--Not more than
$1,000,000,000 of the funds authorized to be appropriated by
this Act for fiscal year 2022 may be expended until the date
on which the report required by subclause (II) is submitted.
(II) Report.--The Secretary of Defense, in consultation
with the heads of other Federal agencies, as appropriate,
shall submit to the appropriate committees of Congress a
report that includes the following:
(aa) The number of members of the Afghan National Defense
and Security Forces the salaries of whom are funded under the
authority of this section.
(bb) The percentage of such members of the Afghan National
Defense and Security Forces who receive pay by direct
electronic deposit.
(cc) A detailed description of the process of the
Department of Defense for providing equipment to the Afghan
National Defense and Security Forces, including a list of
locations from which oversight of distribution and
maintenance is conducted.
(dd) A detailed description of the process of the
Department of Defense for providing equipment to the Afghan
Air Force, including a list of locations from which oversight
of distribution and maintenance is conducted.
(ii) Certification.--
(I) Limitation on use of funds.--Not more than
$2,500,000,000 of the funds authorized to be appropriated by
this Act for fiscal year 2022 may be expended until the date
on which the certification described in subclause (II) is
made.
(II) Certification.--The certification described in this
subclause is a certification by the Secretary of Defense, in
consultation with the heads of other Federal agencies, as
appropriate, that the Government of Afghanistan has met the
following criteria:
(aa) The majority of members of the Afghan National Defense
and Security Forces receive pay by direct electronic deposit.
(bb) The Government of Afghanistan has demonstrated
progress in ensuring that the weapons and equipment provided
to the Afghan National Defense and Security Forces are--
(AA) distributed effectively to the intended units of the
Afghan National Defense and Security Forces; and
(BB) in compliance with appropriate end-use monitoring
standards.
(cc) The Government of Afghanistan has demonstrated
progress in ensuring that critical supplies, including fuel
and ammunition, are delivered successfully to the intended
units of the Afghan National Defense and Security Forces and
periodically accounted for after delivery.
(dd) The Government of Afghanistan has demonstrated
progress in growing or transitioning maintenance
responsibilities for Afghan aircraft to Afghan personnel.
(ee) The Ministry of Defense and the Ministry of Interior
Affairs of the Government of Afghanistan have made progress
on reducing or mitigating corruption within the Afghan
National Defense and Security Forces.
(ff) The Afghan National Defense and Security Forces
remains a viable partner force in countering threats from
violent extremist organizations that use Afghanistan as a
base for planning or operations.
(III) Waiver.--The Secretary of Defense may waive subclause
(I) if the Secretary of Defense--
(aa) determines that withholding assistance under that
clause would impede the national security objectives of the
United States; and
(bb) in consultation with the Secretary of State, certifies
such determination to the congressional defense committees
not later than 30 days before the effective date of such
waiver.
(G) Appropriate committees of congress defined.--In this
paragraph, the term ``appropriate committees of Congress''
means--
(i) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(ii) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
SEC. 1214. QUARTERLY SECURITY BRIEFINGS ON AFGHANISTAN.
(a) In General.--Not later than January 15, 2022, and every
90 days thereafter through December 31, 2025, the Under
Secretary of Defense for Policy shall provide to the
congressional defense committees an unclassified briefing,
with a classified component if necessary, on the security
situation in Afghanistan and ongoing Department of Defense
efforts to counter terrorist groups.
(b) Elements.--Each briefing required by subsection (a)
shall include an assessment of each of the following:
(1) The security situation in Afghanistan.
(2) The strength and effectiveness of the Taliban, al-
Qaeda, the Islamic State of Khorasan, and associated forces.
(3) The international terrorism ambitions and capabilities
of the Taliban, al-Qaeda, the Islamic State of Khorasan, and
associated
[[Page S8609]]
forces, and the extent to which such groups pose a threat to
the United States.
(4) The strength and capacity of the Afghan National
Defense and Security Forces and the effectiveness in
countering threats to the stability of the Government of
Afghanistan.
(5) The mission-capable rates for aircraft of the air force
of Afghanistan and the effectiveness of aircraft maintenance
conducted by the air force of Afghanistan.
(6) The effectiveness of Department of Defense efforts to
train and advise the Afghan National Defense and Security
Forces.
(7) The effectiveness of the Department of Defense in
maintaining the accountability for, and overseeing the
appropriate use of, the Afghan Security Forces Fund.
(8) The status of efforts to recruit, integrate, retain,
and train women in the Afghan National Defense and Security
Forces.
(9) Any other matter the Under Secretary considers
appropriate.
SEC. 1215. SENSE OF SENATE AND BRIEFING ON COUNTERTERRORISM
POSTURE OF THE UNITED STATES AFTER TRANSITION
OF UNITED STATES ARMED FORCES FROM AFGHANISTAN.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the United States should ensure that Afghanistan will
not be a source of planning, plotting, or projection of
terrorist attacks around the globe, including against the
United States homeland;
(2) the intelligence community's annual threat assessment
for 2021 warned that ISIS and al-Qaeda remain among ``the
greatest . . . terrorist threats to U.S. interests overseas;
they also seek to conduct attacks inside the United States,
although sustained U.S. and allied [counterterrorism]
pressure has broadly degraded their capability to do so'';
(3) the Afghan Study Group advised ``that a complete U.S.
withdrawal without a peace agreement would allow [al-Qaeda
and ISIS] to gradually rebuild their capabilities in the
Afghanistan-Pakistan region such that they might be able to
attack the U.S. homeland within eighteen to thirty-six
months'';
(4) in the February 2020 agreement signed between the
United States and the Taliban, the Taliban promised not to
allow ``other individuals or groups, including al-Qaeda, to
use the soil of Afghanistan to threaten the security of the
United States and its allies'';
(5) in a report to the United Nations Security Council in
May 2020, a United Nations monitoring team assessed that
``al-Qaeda has been operating covertly in Afghanistan while
still maintaining close relations with the Taliban'';
(6) the transition of United States and coalition forces
from Afghanistan by September 11, 2021, should not be
perceived as marking the end of efforts by the United States
and its allies and partners to counter and degrade the threat
from al-Qaeda, ISIS, and other terrorist groups; and
(7) the United States should continue to devote sufficient
resources, intelligence collection capabilities, and analysis
to counter the terrorist threat from al-Qaeda, ISIS, and
other terrorist groups that may seek to use Afghanistan as a
safe haven.
(b) Briefing.--Not later than January 15, 2022, the
Secretary of Defense, in coordination with the Director of
National Intelligence, shall brief the appropriate committees
of Congress on--
(1) the intelligence, surveillance, and reconnaissance
capabilities and the access, basing, and overflight
requirements necessary--
(A) to determine whether the Taliban is abiding by its
commitment to break ties with al-Qaeda;
(B) to determine whether al-Qaeda and ISIS have rebuilt
their capabilities in Afghanistan such that al-Qaeda and ISIS
threaten the security of the United States and its allies;
and
(C) to support counterterrorism operations necessary to
degrade the ability of al-Qaeda and ISIS to threaten the
United States and its allies in the event that al-Qaeda or
ISIS rebuilds their capabilities; and
(2) a plan for fulfilling such requirements.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
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) Extension.--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;
127 Stat. 3451) is amended by striking ``December 31, 2021''
and inserting ``December 31, 2022''.
(b) Notice Before Provision of Assistance.--Subsection
(b)(2) of such section is amended by striking subparagraph
(A) and inserting the following:
``(A) not later than 15 days before the expenditure of the
first 25 percent of the total amount authorized to be
appropriated in any fiscal year under this section; or''.
(c) Technical Amendment.--The table of contents for the
Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
127 Stat. 3293) is amended by striking the item relating to
section 1209 and inserting the following:
``Sec. 1209. Authority to provide assistance to vetted Syrian groups
and individuals.''.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF
SECURITY COOPERATION IN IRAQ.
(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 by striking ``fiscal
year 2021'' and inserting ``fiscal year 2022''.
(b) Source of Funds.--Subsection (d) of such section is
amended by striking ``fiscal year 2021'' and inserting
``fiscal year 2022''.
(c) Limitation on Availability of Funds.--Subsection (h) of
such section is amended to read as follows:
``(h) Limitation on Availability of Funds.--Of the amount
authorized to be appropriated by this Act for fiscal year
2022 to carry out this section, not more than $10,000,000 may
be obligated or expended for the Office of Security
Cooperation in Iraq until the date on which the Secretary of
Defense provides to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
a report that--
``(1) details further steps to reorganize the Office in a
manner similar to that of other security cooperation offices
in the region and indicates whether such reorganization will
be achieved by 2023;
``(2) describes progress made toward the continuation of
bilateral engagement with the Government of Iraq, with the
objective of establishing a joint mechanism for security
assistance planning;
``(3) includes a five-year security assistance roadmap for
developing sustainable military capacity and capabilities and
enabling defense institution building and reform; and
``(4) describes progress made toward, and a timeline for,
the transition of the preponderance of funding for the
activities of the Office from current sources to the Foreign
Military Financing Administrative Fund and the Foreign
Military Sales Trust Fund Administrative Surcharge Account in
future years.''.
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''.
(c) Cost-sharing Requirement.--Subsection (k) of such
section is amended--
(1) by striking ``60 percent'' and inserting ``75
percent''; and
(2) by striking ``50 percent'' and inserting ``25
percent''.
(d) Assessment and Authority To Assist Directly Certain
Covered Groups.--Subsection (l)(1)(B) of such section is
amended--
(1) by striking clause (ii);
(2) by redesignating clauses (iii) through (vii) as clauses
(ii) through (vi), respectively;
(3) in clause (iv), as redesignated, by striking ``, and
once established, the Iraqi Sunni National Guard.''; and
(4) by adding at the end the following new clauses (vii)
and (viii):
``(vii) Whether the Shia militias are gaining new malign
capabilities or improving such capabilities, and whether the
Government of Iraq is acting to counter or suppress those
capabilities.
``(viii) Whether the Government of Iraq is acting to ensure
the safety of United States Government personnel and
citizens, as well as the safety of United States
facilities.''.
Subtitle D--Matters Relating to Europe and the Russian Federation
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND THE RUSSIAN
FEDERATION.
Section 1232 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. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
RELATING TO SOVEREIGNTY OF THE RUSSIAN
FEDERATION OVER CRIMEA.
Section 1233(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended by striking ``2021'' and inserting ``2021
or 2022''.
SEC. 1233. EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1608) is
amended--
[[Page S8610]]
(1) in subsection (c)--
(A) in paragraph (1), by striking ``fiscal year 2021'' and
inserting ``fiscal year 2022'';
(B) in paragraph (3), by striking ``fiscal year 2021'' and
inserting ``fiscal year 2022''; and
(C) in paragraph (5), by striking ``fiscal year 2021'' and
inserting ``fiscal year 2022'';
(2) in subsection (f), by adding at the end the following
new paragraph:
``(7) For fiscal year 2022, $300,000,000.''; and
(3) in subsection (h), by striking ``December 31, 2023''
and inserting ``December 31, 2024''.
SEC. 1234. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN
EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE
OF MULTILATERAL EXERCISES.
Subsection (h) of section 1251 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note)
is amended--
(1) in the first sentence, by striking ``December 31,
2023'' and inserting ``December 31, 2024''; and
(2) in the second sentence, by striking ``the period
beginning on October 1, 2015, and ending on December 31,
2023'' and inserting ``the period beginning on October 1,
2015, and ending on December 31, 2024.''.
SEC. 1235. SENSE OF SENATE ON THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the sense of the Senate that--
(1) the success of the North Atlantic Treaty Organization
(NATO) is critical to achieving United States national
security objectives in Europe and around the world;
(2) NATO remains the strongest and most successful military
alliance in the world, founded on a commitment by its members
to uphold the principles of democracy, individual liberty,
and the rule of law;
(3) NATO's contributions to collective defense are
indispensable to the security, prosperity, and freedom of its
members;
(4) the United States reaffirms its ironclad commitment to
NATO as the foundation of transatlantic security and to
upholding its obligations under the North Atlantic Treaty,
including Article 5;
(5) NATO is meant to be an alliance of countries with
shared democratic values and the United States reaffirms its
commitment to Article 2 of the North Atlantic Treaty, which
states the following: ``The Parties will contribute toward
the further development of peaceful and friendly
international relations by strengthening their free
institutions, by bringing about a better understanding of the
principles upon which these institutions are founded, and by
promoting conditions of stability and well-being. They will
seek to eliminate conflict in their international economic
policies and will encourage economic collaboration between
any or all of them.'';
(6) the commitment of NATO allies during 18 years of
security, humanitarian, and stabilization operations in
Afghanistan has been invaluable, and the sacrifices of NATO
allies deserve the highest order of respect and gratitude;
(7) the United States remains focused on long-term
strategic competition with Russia, and a strong NATO alliance
plays an essential role in addressing such competition and
mitigating shared security concerns;
(8) the United States should--
(A) deepen defense cooperation with non-NATO European
partners, bilaterally and as part of the NATO alliance; and
(B) encourage security sector cooperation between NATO and
non-NATO defense partners that complements and strengthens
collective defense, interoperability, and allies' commitment
to Article 3 of the North Atlantic Treaty;
(9) bolstering NATO cooperation and enhancing security
relationships with non-NATO European partners to counter
Russian aggression, including Russia's use of hybrid warfare
tactics and its willingness to use military power to alter
the status quo, strengthens the United States security
interests for long-term strategic competition;
(10) the European Deterrence Initiative, through
investments to increase United States military presence,
bolster exercises and training, enhance pre-positioning of
equipment, improve infrastructure, and build partner
capacity, and investments toward such efforts by NATO allies
and other allies and partners, remain critical to ensuring
collective defense in the future;
(11) the United States should--
(A) continue to support efforts by NATO allies to replace
Soviet-era military systems and equipment with systems that
are interoperable among NATO members; and
(B) work with NATO allies and other allies and partners to
build permanent mechanisms to strengthen supply chains,
enhance supply chain security, and fill supply chain gaps,
including in critical sectors such as defense, energy, and
health; and
(12) the United States and NATO allies should--
(A) continue--
(i) to carry out key initiatives to enhance readiness,
military mobility, and national resilience in support of
NATO's ongoing COVID-19 pandemic response efforts;
(ii) to collaborate on ways to enhance collective security,
with a focus on emerging and revolutionary technologies such
as quantum computing, artificial intelligence, fifth
generation telecommunications networks, and machine learning;
and
(iii) to build on recent progress in achieving defense
spending goals agreed to at the 2014 Wales Summit and
reaffirmed at the 2016 Warsaw Summit and the 2021 Brussels
Summit, and to build consensus to invest in the full range of
defense capabilities necessary to deter and defend against
potential adversaries; and
(B) expand cooperation efforts on cybersecurity issues to
prevent adversaries and criminals from compromising critical
systems and infrastructure.
SEC. 1236. SENSE OF SENATE ON CONTINUING SUPPORT FOR ESTONIA,
LATVIA, AND LITHUANIA.
It is the sense of the Senate that--
(1) the United States should continue to prioritize support
for efforts by the Baltic states of Estonia, Latvia, and
Lithuania to build and invest in critical security areas, as
such efforts are important to achieving United States
national security objectives;
(2) Estonia, Latvia, and Lithuania play a crucial role in
strategic efforts--
(A) to deter the Russian Federation; and
(B) to maintain the collective security of the North
Atlantic Treaty Organization alliance;
(3) the United States should continue to pursue efforts
consistent with the comprehensive, multilateral assessment of
the military requirements of Estonia, Latvia, and Lithuania
provided to Congress in December 2020;
(4) the Baltic security cooperation roadmap has proven to
be a successful model to enhance intraregional Baltic
planning and cooperation, particularly with respect to
longer-term regional capability projects, including--
(A) integrated air defense;
(B) maritime domain awareness;
(C) command, control, communications, computers,
intelligence, surveillance, and reconnaissance; and
(D) Special Operations Forces development;
(5) Estonia, Latvia, and Lithuania are to be commended for
their efforts to pursue joint procurement of select defense
capabilities and should explore additional areas for joint
collaboration; and
(6) the Department of Defense should--
(A) continue efforts to enhance interoperability among
Estonia, Latvia, and Lithuania and in support of North
Atlantic Treaty Organization efforts;
(B) encourage infrastructure and other host-country support
improvements that will enhance United States and allied
military mobility across the region;
(C) invest in efforts to improve resilience to hybrid
threats and cyber defenses in Estonia, Latvia, and Lithuania;
and
(D) support planning and budgeting efforts of Estonia,
Latvia, and Lithuania that are regionally synchronized.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1241. EXTENSION AND MODIFICATION OF INDO-PACIFIC
MARITIME SECURITY INITIATIVE.
(a) Assistance and Training.--Subsection (a)(1) of section
1263 of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 333 note) is amended, in the matter
preceding subparagraph (A), by striking ``for the purpose
of'' and all that follows through ``Indian Ocean'' and
inserting ``with the primary goal of increasing multilateral
maritime security cooperation and maritime domain awareness
of foreign countries in the area of responsibility of the
United States Indo-Pacific Command''.
(b) Recipient Countries.--Subsection (b) of such section is
amended to read as follows:
``(b) Recipient Countries.--The foreign countries that may
be provided assistance and training under subsection (a) are
the countries located within the area of responsibility of
the United States Indo-Pacific Command.''.
(c) Types of Assistance and Training.--Subsection (c)(1) of
such section is amended by striking ``small-scale military
construction'' and inserting ``small-scale construction (as
defined in section 301 of title 10, United States Code)''.
(d) Priorities for Assistance and Training.--Subsection (d)
of such section is amended to read as follows:
``(d) Priorities for Assistance and Training.--In
developing programs for assistance or training to be provided
under subsection (a), the Secretary of Defense shall
prioritize assistance, training, or both, to enhance--
``(1) multilateral cooperation and coordination among
recipient countries; or
``(2) the capabilities of a recipient country to more
effectively participate in a regional organization of which
the recipient country is a member.''.
(e) Incremental Expenses of Personnel of Certain Other
Countries for Training.--Subsection (e) of such section is
amended to read as follows:
``(e) Incremental Expenses of Personnel of Recipient
Countries for Training.--If the Secretary of Defense
determines that the payment of incremental expenses (as
defined in section 301 of title 10, United States Code) in
connection with training described in subsection (a)(1)(B)
will facilitate the participation in such training of
organization personnel of recipient countries described in
subsection (b), the Secretary may use amounts available under
subsection (f) for assistance and training under subsection
(a) for the payment of such incremental expenses.''.
(f) Availability of Funds.--Subsection (f) of such section
is amended to read as follows:
``(f) Availability of Funds.--Of the amounts authorized to
be appropriated for
[[Page S8611]]
each of fiscal years 2022 through 2027 for the Department of
Defense, Operation and Maintenance, Defense-wide, $50,000,000
may be made available for the provision of assistance and
training under subsection (a).''.
(g) Limitations.--Such section is further amended--
(1) by striking subsection (i);
(2) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g) Limitations.--
``(1) Assistance otherwise prohibited by law.--The
Secretary of Defense may not use the authority in subsection
(a) to provide any type of assistance described in subsection
(c) that is otherwise prohibited by any provision of law.
``(2) Prohibition on assistance to units that have
committed gross violations of human rights.--The provision of
assistance pursuant to a program under subsection (a) shall
be subject to the provisions of section 362 of title 10,
United States Code.
``(3) Security cooperation.--Assistance, training, and
exercises with recipient countries described in subsection
(b) shall be planned and prioritized consistent with
applicable guidance relating to the security cooperation
program and activities of the Department of Defense.
``(4) Assessment, monitoring, and evaluation.--The
provision of assistance and training pursuant to a program
under subsection (a) shall be subject to the provisions of
section 383 of title 10, United States Code.''.
(h) Notice to Congress on Assistance and Training.--
Subsection (h)(1) of such section, as so redesignated, is
amended--
(1) by amending subparagraph (B) to read as follows:
``(B) A detailed justification of the program for the
provision of the assistance or training concerned, its
relationship to United States security interests, and an
explanation of the manner in which such assistance or
training will increase multilateral maritime security
cooperation or maritime domain awareness.''; and
(2) in subparagraph (G) by striking ``the geographic
combatant command concerned'' and inserting ``the United
States Indo-Pacific Command''.
(i) Annual Monitoring Report.--Subsection (i) of such
section, as so redesignated, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``March 1, 2020'' and inserting ``March 1, 2022'';
(B) by redesignating subparagraphs (A) through (G) as
subparagraphs (B) through (H), respectively;
(C) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) The overall strategy for improving multilateral
maritime security cooperation and maritime domain awareness
across the theater, including an identification of the
following:
``(i) Priority countries and associated capabilities across
the theater.
``(ii) Strategic objectives for the Indo-Pacific Maritime
Security Initiative across the theater, lines of effort, and
desired end results for such lines of effort.
``(iii) Significant challenges to improving multilateral
maritime security cooperation and maritime domain awareness
across the theater and the manner in which the United States
Indo-Pacific Command is seeking to address such
challenges.''; and
(D) in subparagraph (B), as so redesignated--
(i) in clause (ii), by striking the semicolon and inserting
``; and''; and
(ii) by adding at the end the following new clause:
``(iii) how such capabilities can be leveraged to improve
multilateral maritime security cooperation and maritime
domain awareness.''; and
(2) in paragraph (2), by striking ``subsection (g)(2)'' and
inserting ``subsection (h)(2)''.
(j) Expiration.--Subsection (j) of such section is amended
by striking ``December 31, 2025'' and inserting ``December
31, 2027''.
SEC. 1242. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE
INITIATIVE.
(a) Extension.--Subsection (c) of section 1251 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is amended--
(1) by striking ``fiscal year 2021'' and inserting ``fiscal
year 2022'';
(2) by striking ``$2,234,958,000 is'' and inserting ``such
sums as may be necessary are''; and
(3) by striking ``, as specified in the funding tables in
division D of this Act''.
(b) Report on Resourcing United States Defense Requirements
for the Indo-Pacific Region and Study on Competitive
Strategies.--Such section is further amended--
(1) by redesignating subsections (d) through (g) as
subsections (e) through (h), respectively;
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Report on Resourcing United States Defense
Requirements for the Indo-Pacific Region and Study on
Competitive Strategies.--
``(1) Report required.--
``(A) In general.--At the same time as the submission of
the budget of the President (submitted to Congress pursuant
to section 1105 of title 31, United States Code) for fiscal
year 2023, and annually thereafter through fiscal year 2025,
the Commander of the United States Indo-Pacific Command shall
submit to the congressional defense committees a report
containing the independent assessment of the Commander with
respect to the activities and resources required, for the
first fiscal year beginning after the date of submission of
the report and the four following fiscal years, to achieve
the following objectives:
``(i) The implementation of the National Defense Strategy
with respect to the Indo-Pacific region.
``(ii) The maintenance or restoration of the comparative
military advantage of the United States with respect to the
People's Republic of China.
``(iii) The reduction of the risk of executing contingency
plans of the Department of Defense.
``(B) Matters to be included.--The report required under
subparagraph (A) shall include the following:
``(i) With respect to the achievement of the objectives
described in subparagraph (A), a description of the intended
force structure and posture of assigned and allocated forces
in each of the following:
``(I) West of the International Date Line.
``(II) In States outside the contiguous United States east
of the International Date Line.
``(III) In the contiguous United States.
``(ii) An assessment of capabilities requirements to
achieve such objectives.
``(iii) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance
needs to achieve such objectives.
``(iv) An identification of required infrastructure and
military construction investments to achieve such objectives.
``(v) An assessment of security cooperation activities or
resources required to achieve such objectives.
``(vi)(I) A plan to fully resource United States force
posture and capabilities, including--
``(aa) a detailed assessment of the resources necessary to
address the elements described in clauses (i) through (v),
including specific cost estimates for recommended investments
or projects--
``(AA) to modernize and strengthen the presence of the
United States Armed Forces, including those with advanced
capabilities;
``(BB) to improve logistics and maintenance capabilities
and the pre-positioning of equipment, munitions, fuel, and
materiel;
``(CC) to carry out a program of exercises, training,
experimentation, and innovation for the joint force;
``(DD) to improve infrastructure to enhance the
responsiveness and resiliency of the United States Armed
Forces;
``(EE) to build the defense and security capabilities,
capacity, and cooperation of allies and partners; and
``(FF) to improve capabilities available to the United
States Indo-Pacific Command;
``(bb) a detailed timeline to achieve the intended force
structure and posture described in clause (i).
``(II) The specific cost estimates required by subclause
(I)(aa) shall, to the maximum extent practicable, include the
following:
``(aa) With respect to procurement accounts--
``(AA) amounts displayed by account, budget activity, line
number, line item, and line item title; and
``(BB) a description of the requirements for each such
amount.
``(bb) With respect to research, development, test, and
evaluation accounts--
``(AA) amounts displayed by account, budget activity, line
number, program element, and program element title; and
``(BB) a description of the requirements for each such
amount.
``(cc) With respect to operation and maintenance accounts--
``(AA) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
``(BB) a description of the specific manner in which each
such amount would be used.
``(dd) With respect to military personnel accounts--
``(AA) amounts displayed by account, budget activity,
budget subactivity, and budget subactivity title; and
``(BB) a description of the requirements for each such
amount.
``(ee) With respect to each project under military
construction accounts (including unspecified minor military
construction and amounts for planning and design), the
country, location, project title, and project amount for each
fiscal year.
``(ff) With respect to any expenditure or proposed
appropriation not described in items (aa) through (ee), a
level of detail equivalent to or greater than the level of
detail provided in the future-years defense program submitted
pursuant to section 221(a) of title 10, United States Code.
``(C) Form.--The report required under subparagraph (A) may
be submitted in classified form, but shall include an
unclassified summary.
``(D) Availability.--Not later than February 1 each year,
the Commander of the United States Indo-Pacific Command shall
make the report available to the Secretary of Defense, the
Under Secretary of Defense for Policy, the Under Secretary of
Defense
[[Page S8612]]
(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.
``(2) Briefings required.--
``(A) Initial briefing.--Not later than 15 days after the
submission of the budget of the President (submitted to
Congress pursuant to section 1105 of title 31, United States
Code) for fiscal year 2023, the Secretary of Defense (acting
through the Under Secretary of Defense for Policy, the Under
Secretary of Defense (Comptroller), and the Director of Cost
Assessment and Program Evaluation) and the Chairman of the
Joint Chiefs of Staff shall provide to the congressional
defense committees a joint briefing, and any written comments
the Secretary of Defense and the Chairman of the Joint Chiefs
of Staff consider necessary, with respect to their
assessments of the report submitted under paragraph (1),
including their assessments of the feasibility and
advisability of the plan required by subparagraph (B)(vi) of
that paragraph.
``(B) Subsequent briefing.--Not later than 30 days after
the submission of the budget of the President (submitted to
Congress pursuant to section 1105 of title 31, United States
Code) for each of fiscal years 2024 and 2025, the Secretary
of the Air Force, the Secretary of the Army, and the
Secretary of the Navy shall provide to the congressional
defense committees a joint briefing, and documents as
appropriate, with respect to their assessments of the report
submitted under paragraph (1), including their assessments of
the feasibility and advisability of the plan required by
subparagraph (B)(vi) of that paragraph.'';
(3) by amending subsection (e), as redesignated, to read as
follows:
``(e) Plan Required.--At the same time as the submission of
the budget of the President (submitted to Congress pursuant
to section 1105 of title 31, United States Code) for fiscal
year 2023, and annually thereafter through fiscal year 2025,
the Secretary, in consultation with the Commander of the
United States Indo-Pacific Command, shall submit to the
congressional defense committees a report on future year
activities and resources for the Initiative that includes the
following:
``(1) A description of the activities and resources for the
first fiscal year beginning after the date of submission of
the report and the plan for not fewer than the four following
fiscal years, organized--
``(A) functionally, by the activities described in
paragraphs (1) through (5) of subsection (b); and
``(B) geographically by--
``(i) areas west of the International Date Line;
``(ii) States outside the contiguous United States east of
the International Date Line; and
``(iii) States in the contiguous United States.
``(2) A summary of progress made toward achieving the
purposes of the Initiative.
``(3) A summary of the activity, resource, capability,
infrastructure, and logistics requirements necessary to
achieve measurable progress in reducing risk to the joint
force's ability to achieve objectives in the region.
``(4) A detailed timeline to achieve the requirements
identified under paragraph (3).
``(5) A detailed explanation of any significant
modifications to such requirements, as compared to plans
previously submitted under this subsection.
``(6) Any other matter, as determined by the Secretary.'';
and
(4) in subsection (g), as redesignated, by striking
``subsection (e)'' and inserting ``subsection (f)''.
SEC. 1243. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN
HOA DIOXIN CLEANUP.
Section 1253(b) 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 year 2022''.
SEC. 1244. COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR
VIETNAMESE PERSONNEL MISSING IN ACTION.
(a) In General.--The Secretary of Defense, in coordination
with the heads of other relevant Federal departments and
agencies, may carry out a cooperative program with the
Ministry of Defense of Vietnam and other entities of the
Government of Vietnam to assist in accounting for Vietnamese
personnel missing in action.
(b) Purpose.--The purpose of the cooperative program under
subsection (a) is to carry out the following activities:
(1) Collection, digitization, and sharing of archival
information.
(2) Building the capacity of Vietnam to conduct archival
research, investigations, and excavations.
(3) Improving DNA analysis capacity.
(4) Increasing veteran-to-veteran exchanges.
(5) Other support activities the Secretary of Defense
considers necessary and appropriate.
(c) Termination.--The authority provided by subsection (a)
shall terminate on October 1, 2026.
SEC. 1245. ASSESSMENT OF AND PLAN FOR IMPROVING THE DEFENSIVE
ASYMMETRIC CAPABILITIES OF TAIWAN.
(a) Assessment.--The Secretary of Defense, in coordination
with the heads of other relevant Federal departments and
agencies, shall conduct an assessment of--
(1) the current defensive asymmetric capabilities of Taiwan
and the ability of Taiwan to defend itself from external
conventional military threats;
(2) the applicability of Department of Defense authorities
for improving the defensive asymmetric capabilities of Taiwan
in accordance with the Taiwan Relations Act (Public Law 96-8;
22 U.S.C. 3301 et seq.);
(3) the feasibility and advisability of assisting Taiwan in
the domestic production of defensive asymmetric capabilities,
including through the transfer of intellectual property, co-
development, or co-production arrangements;
(4) the plans, tactics, techniques, and procedures
underpinning the defensive asymmetric capabilities of Taiwan;
(5) the interoperability of current and future defensive
asymmetric capabilities of Taiwan with the military
capabilities of the United States and its allies and
partners; and
(6) any other matter the Secretary of Defense considers
appropriate.
(b) Plan.--The Secretary of Defense shall develop a plan
for assisting Taiwan in improving its defensive asymmetric
capabilities that includes--
(1) recommendations for new Department of Defense
authorities, or modifications to existing Department
authorities, necessary to improve the defensive asymmetric
capabilities of Taiwan in accordance with the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.);
(2) an identification of opportunities for key leader and
subject matter expert engagement between Department personnel
and military and civilian counterparts in Taiwan; and
(3) an identification of challenges and opportunities for
leveraging non-Department authorities, resources, and
capabilities to improve the defensive asymmetric capabilities
of Taiwan in accordance with the Taiwan Relations Act (Public
Law 96-8; 22 U.S.C. 3301 et seq.).
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the appropriate committees of Congress--
(1) a report on the results of the assessment required by
subsection (a); and
(2) the plan required by subsection (b).
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Defensive asymmetric capabilities.--The term
``defensive asymmetric capabilities'' means the capabilities
necessary to defend Taiwan against conventional external
threats, including coastal defense missiles, naval mines,
anti-aircraft capabilities, cyber defenses, and special
operations forces.
SEC. 1246. ANNUAL FEASIBILITY BRIEFING ON COOPERATION BETWEEN
THE NATIONAL GUARD AND TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) continue to support the development of capable, ready,
and modern defense forces necessary for Taiwan to maintain a
sufficient self-defense capability by increasing exchanges
between senior defense officials and general 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--
(A) improving the interoperability of the military forces
of the United States and Taiwan;
(B) improving the reserve forces of Taiwan; and
(C) expanding cooperation in humanitarian assistance and
disaster relief;
(2) expand and strengthen Taiwan's capability to conduct
security activities, including traditional activities of the
combatant commands, cooperation with the National Guard, and
through multilateral activities; and
(3) using appropriate authorities and consistent with the
Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et
seq.), seek to develop a partnership between the National
Guard and Taiwan as a means of maintaining a sufficient self-
defense capability.
(b) Briefing.--
(1) In general.--Not later than February 15, 2022, and
annually thereafter, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the
feasibility and advisability of enhanced cooperation between
the National Guard and Taiwan.
(2) Elements.--Each briefing required by paragraph (1)
shall include the following:
(A) A description of the cooperation between the National
Guard and Taiwan during the preceding calendar year,
including mutual visits, exercises, training, and equipment
opportunities.
(B) An evaluation of the feasibility of enhancing
cooperation between the National Guard and Taiwan on a range
of activities, including--
(i) disaster and emergency response;
(ii) cyber defense and communications security;
(iii) military medical cooperation;
[[Page S8613]]
(iv) Mandarin-language education and cultural exchange; and
(v) programs for National Guard advisors to assist in
training the reserve components of the military forces of
Taiwan.
(C) Recommendations to enhance such cooperation and improve
interoperability, including through familiarization visits,
cooperative training and exercises, and co-deployments.
(D) Any other matter the Secretary of Defense considers
appropriate.
SEC. 1247. DEFENSE OF TAIWAN.
(a) Definitions.--In this section:
(1) Deny.--The term ``deny'' means to use combined joint
operations to delay, degrade, and ultimately defeat an
attempt by the People's Republic of China to execute a fait
accompli against Taiwan, resulting in--
(A) the termination of hostilities or at least the
attempted fait accompli; or
(B) the neutralization of the ability of the People's
Republic of China to execute a fait accompli against Taiwan.
(2) Fait accompli.--The term ``fait accompli'' refers to
the strategy of the People's Republic of China for invading
and seizing control of Taiwan before the United States Armed
Forces can respond effectively, while simultaneously
deterring an effective combined joint response by the United
States Armed Forces by convincing the United States that
mounting such a response would be prohibitively difficult or
costly.
(b) Statement of Policy.--It shall be the policy of the
United States to maintain the ability of the United States
Armed Forces to deny a fait accompli against Taiwan in order
to deter the People's Republic of China from using military
force to unilaterally change the status quo with Taiwan.
SEC. 1248. COMPARATIVE ANALYSES AND REPORTS ON EFFORTS BY THE
UNITED STATES AND THE PEOPLE'S REPUBLIC OF
CHINA TO ADVANCE CRITICAL MODERNIZATION
TECHNOLOGY WITH RESPECT TO MILITARY
APPLICATIONS.
(a) Comparative Analyses.--
(1) Development of procedures.--
(A) In general.--Not later than 270 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering, in coordination with the Director
of the Office of Net Assessment, shall develop procedures by
which comparative analyses, including the assessments under
paragraph (2), shall be conducted.
(B) Elements.--The procedures developed under subparagraph
(A)--
(i) shall include processes--
(I) by which senior officials of the Department of Defense
may request that such comparative analyses be conducted with
respect to a specific technology, sector, or system of
interest;
(II) by which teams of technical, industrial, policy,
intelligence, and operational experts consisting of personnel
of the Department and private sector organizations may be
established for the purpose of conducting such comparative
analyses;
(III) to ensure adequate funding to support the conduct of
such comparative analyses; and
(IV) by which classified and unclassified information,
including necessary data, records, and technical information,
may be shared with Department personnel for the purpose of
carrying out such comparative analyses; and
(ii) may include the development of quantitative and
qualitative metrics for use in, and new intelligence
collection requirements to support, such comparative
analyses.
(2) Comparative analysis assessments.--
(A) In general.--The Under Secretary, in coordination with
the Director of the Office of Net Assessment, shall conduct a
comparative analysis assessment of the efforts of the United
States Government and the Government of the People's Republic
of China to develop and deploy critical modernization
technology with respect to military applications in each of
the following areas of critical modernization technology:
(i) Directed energy systems.
(ii) Hypersonics.
(iii) Emerging biotechnologies.
(iv) Quantum science.
(v) Cyberspace capabilities.
(B) Elements.--Each comparative analysis assessment under
subparagraph (A) shall include an evaluation of each of the
following:
(i) With respect to the applicable area of critical
modernization technology described in subparagraph (A),
research and development activities carried out in the United
States and the People's Republic of China by governmental
entities and nongovernmental entities.
(ii) The ability of research programs carried out by the
United States Government and the Government of the People's
Republic of China to achieve the goals of--
(I) transitioning emerging technologies into acquisition
efforts and operational use; and
(II) incorporating emerging technologies into military
applications.
(iii) Operational effectiveness and suitability of current
or planned defense systems of the United States and the
People's Republic of China, including relevant operational
concepts relating to the application and operationalization
of critical modernization technologies.
(iv) The ability of defense systems of the United States
and the People's Republic of China to counter relevant threat
capabilities.
(b) Reports.--
(1) Initial report.--Not later than March 15, 2022, the
Under Secretary shall submit a report and provide a briefing
to the congressional defense committees on efforts to develop
the procedures required by subsection (a)(1).
(2) Subsequent reports.--
(A) Directed energy systems and hypersonics.--Not later
than December 31, 2023, the Under Secretary shall submit to
the congressional defense committees a report on the results
of the comparative analysis assessments conducted under
clauses (i) and (ii) of subsection (a)(2)(A).
(B) Emerging biotechnologies, quantum science, and
cyberspace capabilities.--Not later than December 31, 2024,
the Under Secretary shall submit to the congressional defense
committees a report on the results of the comparative
analysis assessments conducted under clauses (iii), (iv), and
(v) of subsection (a)(2)(A).
(C) Elements.--The reports required by subparagraphs (A)
and (B) shall include the following for each such comparative
analysis assessment:
(i) The results of the evaluation of each element described
in subsection (a)(2)(B).
(ii) A list of countries, other than the United States and
the People's Republic of China, with significant research and
development programs and activities designed to advance the
applicable area of critical modernization technology
described in subsection (a)(2)(A), and a discussion of such
programs and activities for each such country.
(iii) With respect to each such area of critical
modernization technology, an identification of any area in
which the degree of uncertainty due to an insufficient
knowledge base is such that an analysis of whether the United
States or the People's Republic of China has an advantage
would be inconclusive.
(iv) A description of the limitations, constraints, and
challenges encountered in carrying out the comparative
analysis assessment.
(v) A description of any other research and development
efforts or elements the Under Secretary considers appropriate
for purposes of the comparative analysis assessment.
(vi) Recommendations with respect to additional activities
by the Department necessary to address the findings of the
comparative analysis assessment.
(D) Form.--The reports required by subparagraphs (A) and
(B) shall be submitted in unclassified form but may contain a
classified annex.
(c) Agreement With a Federally Funded Research and
Development Corporation Authorized.--
(1) In general.--The Under Secretary may enter into an
agreement with a federally funded research and development
corporation under which such corporation may--
(A) carry out any part of a comparative analysis assessment
required by subsection (a); or
(B) prepare the reports required by subsection (b)(2).
(2) Notification.--If the Under Secretary enters into an
agreement under paragraph (1), the Under Secretary shall
submit to the congressional defense committees a report
that--
(A) identifies the federally funded research and
development corporation concerned; and
(B) describes the scope of work under the agreement.
(d) Funding.--Of the amounts authorized to be appropriated
by this Act for fiscal year 2022 for the Department of
Defense, up to $5,000,000 shall be made available to the
Under Secretary--
(1) to carry out any part of a comparative analysis
assessment required by subsection (a); or
(2) to prepare the reports required by subsection (b)(2).
SEC. 1249. MODIFICATION OF ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
Section 1202 of the National Defense Authorization Act for
Fiscal Year 2000 (10 U.S.C. 113 note) is amended to read as
follows:
``SEC. 1202. ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF
CHINA.
``(a) Annual Report.--Not later than January 31 of each
year through January 31, 2027, the Secretary of Defense, in
consultation with the heads of other Federal departments and
agencies as appropriate, shall submit to the specified
congressional committees a report on military and security
developments involving the People's Republic of China.
``(b) Matters To Be Included.--Each report under this
section shall include analyses and forecasts, through the
next 20 years, of the following:
``(1) The goals, factors, and trends shaping Chinese
security strategy and military strategy.
``(2) The role of the People's Liberation Army in the
strategy, governance systems, and foreign and economic
policies of the People's Republic of China, including the
following:
``(A) Developments in the defense policy and military
strategy of the People's Republic of China, and the role and
mission of the People's Liberation Army with respect to such
developments.
[[Page S8614]]
``(B) The role of the People's Liberation Army in the
Chinese Communist Party, including with respect to the
structure and leadership of the Central Military Commission.
``(C) The internal security role and affiliation of the
People's Liberation Army with the People's Armed Police and
other law enforcement, intelligence, and paramilitary
entities of the People's Republic of China.
``(3) The role of the People's Liberation Army in, and its
support of, the overall foreign policy of the People's
Republic of China, as expressed through military diplomacy
and other external actions, activities, and operations,
including the following:
``(A) A description of Chinese military-to-military
relationships with other countries, including--
``(i) Chinese military attache presence, activities,
exercises, and agreements with the militaries of other
countries; and
``(ii) military education programs conducted--
``(I) in the People's Republic of China for militaries of
other countries; or
``(II) in other countries for personnel of the People's
Liberation Army.
``(B) A description of any significant sale or transfer of
military hardware, expertise, and technology to or from the
People's Republic of China, including--
``(i) a forecast of possible future sales and transfers;
``(ii) a description of the implications of such sales and
transfers for the security of the United States and its
partners and allies; and
``(iii) a description of any significant assistance to and
from any selling state with military-related research and
development programs in the People's Republic of China.
``(C) An assessment of relations between the People's
Republic of China and the Russian Federation with respect to
security and military matters, including mutual and competing
interests and developments in such military-to-military
relationship.
``(4) Developments in the military doctrine, operational
concepts, joint command and organizational structures, and
significant military operations and deployments of the
People's Liberation Army.
``(5) Developments and future course of the services,
theater-level commands, and paramilitary organizations of the
People's Liberation Army, including the following:
``(A) A description of the specific roles and missions,
organization, capabilities, force structure, readiness, and
modernization efforts of such services, theater-level
commands, and paramilitary organizations.
``(B) A summary of the order of battle of the People's
Liberation Army, including ballistic and cruise missile
inventories.
``(C) An assessment of developments relating to the China
Coast Guard, including the manner in which the command
structure of the China Coast Guard affects its status as a
law enforcement entity, its interactions with the Armed
Forces of the United States, and the implications for its use
as a coercive tool in maritime disputes.
``(6) Developments and future course of the theater-level
commands of the People's Liberation Army, including the roles
and missions, structure, and size, location, and capabilities
of the strategic, land, sea, air, and other forces of such
theater-level commands.
``(7) Developments in the People's Liberation Army as a
global actor, such as overseas military basing, military
logistics capabilities and infrastructure to project power,
and the overseas command and control structure of the
People's Liberation Army, including an assessment of Chinese
overseas investments or projects likely, or with significant
potential, to be converted into military or intelligence
assets of the People's Republic of China.
``(8) The strategy, policy, development, and modernization
of key military capabilities of the People's Republic of
China across the People's Liberation Army, including an
assessment of the following:
``(A) The cyberwarfare and electronic warfare capabilities
of the People's Republic of China (including details on the
number of malicious cyber incidents originating from the
People's Republic of China against Department of Defense
infrastructure) and associated activities originating or
suspected to have originated from the People's Republic of
China.
``(B) The space and counter-space programs and capabilities
of the People's Republic of China.
``(C) The nuclear program and capabilities of the People's
Republic of China, including--
``(i) its nuclear strategy and associated doctrines;
``(ii) the size and state of its stockpile and projections
of its future arsenals;
``(iii) its civil and military production capacities; and
``(iv) the modernization and force structure of its
strategic forces.
``(D) The anti-access and area denial capabilities of the
People's Republic of China.
``(E) The command, control, communications, computers,
intelligence, surveillance, and reconnaissance modernization
program and capabilities of the People's Republic of China
and the applications for such program and capabilities for
the People's Republic of China's precision-guided weapons.
``(9) Trends and developments in the budget, resources,
strategies, and policies of the People's Liberation Army with
respect to science and technology, defense industry reform,
and the use of espionage and technology transfers by the
People's Republic of China, including the following:
``(A) An assessment of the relationship between Chinese
overseas investment (including the Belt and Road Initiative,
the Digital Silk Road, and any state-owned or state-
controlled digital or physical infrastructure projects of the
People's Republic of China) and Chinese security and military
strategy objectives, including--
``(i) a description of any Chinese investment or project,
located in any other country, that is linked to military or
intelligence cooperation with such country, such as
cooperation on satellite navigation or arms production; and
``(ii) an assessment of the implications for United States
military or governmental interests related to denial of
access, compromised intelligence activities, and network
advantages of Chinese investments or projects in other
countries.
``(B) Efforts (including by espionage and technology
transfers through investment, industrial espionage, cyber
theft, academia, forced technological transfers, and other
means) by the People's Republic of China to develop, acquire,
or gain access to information, communication, space, and
other advanced technologies that would enhance defense
capabilities or otherwise undermine the capability of the
Department of Defense to conduct information assurance,
including an assessment of the damage inflicted on the
Department of Defense by such efforts.
``(10) The strategy of the People's Republic of China
regarding Taiwan and the security situation in the Taiwan
Strait, including the following:
``(A) A detailed analysis of the posture of the forces of
the People's Liberation Army facing Taiwan.
``(B) An assessment of any challenges during the preceding
year to the deterrent forces of the Republic of China on
Taiwan, consistent with the commitments made by the United
States in the Taiwan Relations Act (Public Law 96-8; 22
U.S.C. 3301 et seq.)
``(11) The maritime strategy and military and nonmilitary
activities in the South China Sea and East China Sea of the
People's Republic of China, including a description of the
following:
``(A) The role and activities of the People's Liberation
Army and maritime law enforcement and paramilitary entities
of the People's Republic of China.
``(B) Any such activities in the South China Sea or East
China Sea affecting United States military activities or the
military activities of a United States ally or partner.
``(12) The current state of United States military-to-
military contacts with the People's Liberation Army,
including the following:
``(A) A comprehensive and coordinated strategy for such
military-to-military contacts and any necessary update to the
strategy.
``(B) A summary of all such military-to-military contacts
during the preceding fiscal year including a summary of
topics discussed.
``(C) A description of such military-to-military contacts
scheduled for the 1-year period following the period covered
by the report and the plan for future contacts.
``(D) The Secretary's assessment of the benefits the
Chinese expect to gain from such military-to-military
contacts.
``(E) The Secretary's assessment of the benefits the
Department of Defense expects to gain from such military-to-
military contacts, and any concerns regarding such contacts.
``(F) The Secretary's assessment of how such military-to-
military contacts fit into the larger security relationship
between the United States and the People's Republic of China.
``(G) 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).
``(13) Any other significant military or security
development involving the People's Republic of China the
Secretary considers relevant to United States national
security.
``(c) Form.--Each report required by subsection (a) shall
be submitted in unclassified form but may include a
classified annex.
``(d) Specified Congressional Committees Defined.--In this
section, the term `specified 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. 1250. FEASIBILITY REPORT ON ESTABLISHING MORE ROBUST
MILITARY-TO-MILITARY CRISIS COMMUNICATIONS WITH
THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the heads of other relevant Federal
departments and agencies, shall submit to the appropriate
committees of Congress a report on the feasibility and
advisability of establishing more robust military-to-military
communications with the People's Republic of China.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An articulation of--
[[Page S8615]]
(A) the importance of robust military-to-military
communications with the People's Republic of China; and
(B) the utility of such communications to enable clear
transmission of messages, avoid misunderstandings, reduce the
possibility of miscalculation, and manage possible escalation
in crisis situations.
(2) A description of the current process and capabilities
relating to crisis communications with the People's Republic
of China, including the means, levels of seniority, and
timelines for such communications.
(3) An identification of opportunities for improving
military-to-military crisis communications with the People's
Republic of China, including the preferred means, levels of
seniority, and timelines for such communications.
(4) A roadmap, including milestones, for establishing
processes and capabilities associated with the opportunities
identified under paragraph (3).
(5) An identification of challenges to establishing more
robust military-to-military crisis communications with the
People's Republic of China.
(6) Any other matter the Secretary of Defense considers
appropriate.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1251. SEMIANNUAL BRIEFINGS ON EFFORTS TO DETER CHINESE
AGGRESSION AND MILITARY COERCION.
(a) In General.--Not later than January 15, 2022, and every
180 days thereafter through 2024, the Secretary of Defense
shall provide to the congressional defense committees a
briefing on Department of Defense efforts to deter Chinese
aggression and military coercion.
(b) Elements.--Each briefing required by subsection (a)
shall include a description of--
(1) Department efforts to strengthen deterrence of Chinese
aggression and military coercion, including below the level
of armed conflict and outside the Indo-Pacific region;
(2) the manner in which resources provided through the
Pacific Deterrence Initiative are being applied in support of
such efforts;
(3) the extent to which such efforts are coordinated with,
and complement, efforts of other Federal departments and
agencies to deter Chinese aggression and military coercion;
(4) the manner in which the Department seeks to leverage
military-to-military relationships, combined training and
exercises, information and intelligence sharing, and security
assistance to allies and partners in support of such efforts;
and
(5) any other matter the Secretary considers relevant.
SEC. 1252. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND
PARTNERSHIPS IN THE INDO-PACIFIC REGION.
(a) Findings.--Congress makes the following findings:
(1) The Interim National Security Strategic Guidance issued
by the President in March 2021 states the following:
(A) ``For decades, our allies have stood by our side
against common threats and adversaries, and worked hand-in-
hand to advance our shared interests and values. They are a
tremendous source of strength and a unique American
advantage, helping to shoulder the responsibilities required
to keep our nation safe and our people prosperous.''.
(B) ``Our democratic alliances enable us to present a
common front, produce a unified vision, and pool our strength
to promote high standards, establish effective international
rules, and hold countries like China to account.''.
(C) ``We will reaffirm, invest in, and modernize. . .our
alliances with Australia, Japan, and the Republic of Korea--
which, along with our other global alliances and
partnerships, are America's greatest strategic asset.''.
(2) On January 19, 2021, Secretary of Defense Lloyd J.
Austin III stated to the Committee on Armed Services of the
Senate, ``[o]ur alliances and partnerships globally--
including the defense tools at our disposal to engage them,
and more fundamentally the mutual security commitments and
interests we pursue to maintain them--are an asymmetric
strategic advantage that our competitors do not possess. The
strength of this network of defense relations cannot be taken
for granted.''.
(3) On November 13, 2019, General Mark Milley stated to
reporters, ``[w]e are committed to a free and open Indo-
Pacific region, and will maintain very, very close security
ties with our partner nations in the area.''.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should recommit to and strengthen
United States defense alliances and partnerships in the Indo-
Pacific region so as to further the comparative advantage of
the United States in strategic competition with the People's
Republic of China, including by--
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United
States of America and Japan, including by developing advanced
military capabilities, fostering interoperability across all
domains, and improving sharing of information and
intelligence;
(2) reinforcing the United States alliance with the
Republic of Korea, consistent with the Mutual Defense Treaty
Between the United States and the Republic of Korea, in
support of the shared objective of a peaceful and stable
Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Australia, New Zealand, United
States Security Treaty, to advance shared security objectives
and build the capabilities of emerging partners;
(4) advancing United States alliances with the Philippines
and Thailand and United States partnerships with other
partners in the Association of Southeast Asian Nations to
enhance maritime domain awareness, promote sovereignty and
territorial integrity, and collaborate on vetting Chinese
investments in strategic technology sectors and critical
infrastructure;
(5) broadening the engagement of the United States with
India, including through the Quadrilateral Security
Dialogue--
(A) to advance the shared objective of a free and open
Indo-Pacific region through bilateral and multilateral
engagements and participation in military exercises, expanded
defense trade, and collaboration on humanitarian aid and
disaster response; and
(B) to enable greater cooperation on maritime security and
the threat of global pandemics, including COVID-19;
(6) strengthening the United States partnership with
Taiwan, consistent with the Three Communiques, the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301 et seq.), and
the Six Assurances, with the goal of improving Taiwan's
asymmetric defensive capabilities and promoting peaceful
cross-strait relations; and
(7) reinforcing the status of the Republic of Singapore as
a Major Security Cooperation Partner of the United States and
continuing to strengthen defense and security cooperation
between the military forces of the Republic of Singapore and
the Armed Forces of the United States, including through
participation in combined exercises and training, including
the use of the Foreign Military Sales Training Center at
Ebbing Air National Guard Base in Fort Smith, Arkansas.
Subtitle F--Reports
SEC. 1261. REPORT ON SECURITY COOPERATION AUTHORITIES AND
ASSOCIATED RESOURCING IN SUPPORT OF THE
SECURITY FORCE ASSISTANCE BRIGADES.
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 House of
Representatives a report that--
(1) assesses the adequacy of existing Department of Defense
security cooperation authorities and associated resourcing in
support of the ability of the Security Force Assistance
Brigades of the Army to effectively fulfill the security
cooperation requirements of the combatant commands; and
(2) identifies any gap in such authorities or associated
resourcing.
SEC. 1262. INDEPENDENT ASSESSMENT WITH RESPECT TO ARCTIC
REGION AND ESTABLISHMENT OF ARCTIC SECURITY
INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the security, stability, and prosperity of the Arctic
region are vital to the national interests of the United
States;
(2) the United States should posture a military capability
in the region that is able to project power, deter acts of
aggression, and respond, if necessary, to threats within and
arising from the Arctic region;
(3) the defense of the United States and its allies from
the People's Republic of China, the Russian Federation, the
Democratic People's Republic of Korea, and any other
potential aggressor remains a top priority;
(4) persistent efforts by the Department of Defense to
realign United States forces in the Arctic region, and commit
additional assets to and increase investments in the Arctic
region, are necessary to maintain a robust United States
commitment to the Arctic region; and
(5) the United States commitment to freedom of navigation
and ensuring free access to sea lanes and overflights for the
Navy and the Air Force remains a core security interest.
(b) Independent Assessment.--
(1) In general.--Not later than February 15, 2022, the
Commander of the United States Northern Command, in
consultation and coordination with the Commander of the
United States Indo-Pacific Command, the Commander of the
United States European Command, the military services, and
the 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:
(A) The implementation of the National Defense Strategy and
military service-specific strategies with respect to the
Arctic region.
(B) The maintenance or restoration of the comparative
military advantage of the United States in response to great
power competitors in the Arctic region.
(C) The reduction of the risk of executing operation and
contingency plans of the Department of Defense.
[[Page S8616]]
(D) To maximize execution of Department operation and
contingency plans, in the event deterrence fails.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) 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--
(i) a review of United States military requirements based
on operation and contingency plans, capabilities of potential
adversaries, assessed gaps or shortfalls of the Armed Forces
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;
(III) supporting analyses that focus on the number of
regionally postured military units and the quality of
capability of such units;
(ii) 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;
(iii) 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
(iv) any other matter the Commander of the United States
Northern Command considers appropriate.
(B) A discussion of any factor that may influence the
United States posture, supported by annual wargames and other
forms of research and analysis.
(C) An assessment of capabilities requirements to achieve
such objectives.
(D) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance
needs to achieve such objectives.
(E) An assessment and identification of required
infrastructure and military construction investments to
achieve such objectives.
(3) Report.--
(A) In general.--Not later than February 15, 2022, the
Commander of the United States Northern Command shall submit
to the Secretary of Defense a report on the assessment
required by paragraph (1).
(B) Submittal to congress.--
(i) In general.--Not later than 30 days after the date on
which the Secretary receives the report under subparagraph
(A), the Secretary shall submit to the congressional defense
committees--
(I) a copy of the report, in its entirety; and
(II) any additional analysis or information, as the
Secretary considers appropriate.
(C) Form.--The report required by subparagraph (A), and any
additional analysis or information provided under
subparagraph (B)(i)(II), may be submitted in classified form,
but shall include an unclassified summary.
(c) Arctic Security Initiative.--
(1) Plan.--
(A) In general.--Not later than 30 days after the date on
which the Secretary receives the report under subsection
(b)(3)(A), the Secretary shall submit to the congressional
defense committees a plan to carry out a program of
activities to enhance security in the Arctic region.
(B) Objectives.--The plan required by subparagraph (A)
shall be--
(i) consistent with the objectives described in paragraph
(1) of subsection (b); and
(ii) informed by the assessment required by that paragraph.
(C) Activities.--The plan shall include the following
prioritized activities to improve the design and posture of
the joint force in the Arctic region:
(i) Modernize and strengthen the presence of the Armed
Forces, including those with advanced capabilities.
(ii) Improve logistics and maintenance capabilities and the
pre-positioning of equipment, munitions, fuel, and materiel.
(iii) Carry out a program of exercises, wargames,
education, training, experimentation, and innovation for the
joint force.
(iv) Improve infrastructure to enhance the responsiveness
and resiliency of the Armed Forces.
(2) Establishment.--
(A) In general.--Not later than fiscal year 2023, and
contingent on the submittal of the plan required by paragraph
(1), the Secretary shall establish a program of activities to
enhance security in the Arctic region, to be known as the
``Arctic Security Initiative'' (in this paragraph referred to
as the ``Initiative'').
(B) Five-year plan for the initiative.--
(i) In general.--The Secretary, in consultation with the
Commander of the United States Northern Command, shall submit
to the congressional defense committees a future years plan
for the activities and resources of the Initiative that
includes the following:
(I) A description of the activities and resources for the
first fiscal year beginning after the date on which the
Initiative is established, and the plan for not fewer than
the four subsequent fiscal years, organized by the activities
described in paragraph (1)(C).
(II) A summary of progress made toward achieving the
objectives described in subsection (b)(1).
(III) A summary of the activity, resource, capability,
infrastructure, and logistics requirements necessary to
achieve measurable progress in reducing risk to the ability
of the joint force to achieve objectives in the Arctic
region, including, as appropriate, investments in--
(aa) active and passive defenses against--
(AA) manned aircraft, surface vessels, and submarines;
(BB) unmanned naval systems;
(CC) unmanned aerial systems; and
(DD) theater cruise, ballistic, and hypersonic missiles;
(bb) advanced long-range precision strike systems;
(cc) command, control, communications, computers,
intelligence, surveillance, and reconnaissance systems;
(dd) training and test range capacity, capability, and
coordination;
(ee) dispersed resilient and adaptive basing to support
distributed operations, including expeditionary airfields and
ports, space launch facilities, and command posts;
(ff) advanced critical munitions;
(gg) pre-positioned forward stocks of fuel, munitions,
equipment, and materiel;
(hh) distributed logistics and maintenance capabilities;
(ii) strategic mobility assets, including icebreakers;
(jj) improved interoperability, logistics, transnational
supply lines and infrastructure, and information sharing with
allies and partners, including scientific missions; and
(kk) information operations capabilities.
(IV) A detailed timeline for achieving the requirements
identified under subclause (III).
(V) A detailed explanation of any significant modification
to such requirements, as compared to--
(aa) the assessment required by subsection (b)(1) for the
first fiscal year; and
(bb) the plans previously submitted for each subsequent
fiscal year.
(VI) Any other matter the Secretary considers necessary.
(ii) Form.--The plan required by clause (i) shall be
submitted in unclassified form but may include a classified
annex.
(iii) Inclusion in budget materials.--The Secretary shall
include the plan required by clause (i) in the budget
materials submitted by the Secretary in support of the budget
of the President for fiscal years 2023 through 2027.
SEC. 1263. 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.
(c) Briefing.--Each briefing required by subsection (a)
shall include the following:
(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 G--Other Matters
SEC. 1271. MODIFICATION OF UNITED STATES-ISRAEL OPERATIONS-
TECHNOLOGY COOPERATION WITHIN THE UNITED
STATES-ISRAEL DEFENSE ACQUISITION ADVISORY
GROUP.
(a) In General.--Section 1299M of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended--
(1) by striking the section heading and inserting
``establishment of united states-israel operations-technology
working group'';
(2) by amending subsection (a) to read as follows:
``(a) Requirement.--
``(1) In general.--The Secretary of Defense, in
consultation with the Secretary of State, shall take actions
within the United States-Israel Defense Acquisition Advisory
Group--
``(A) to provide a standing forum for the United States and
Israel to systematically share intelligence-informed military
capability requirements;
``(B) to identify military capability requirements common
to the Department of Defense and the Ministry of Defense of
Israel;
[[Page S8617]]
``(C) to assist defense suppliers in the United States and
Israel by assessing recommendations from such defense
suppliers with respect to joint science, technology,
research, development, test, evaluation, and production
efforts;
``(D) to develop, as feasible and advisable, combined
United States-Israel plans to research, develop, procure, and
field weapon systems and military capabilities as quickly and
economically as possible to meet common capability
requirements of the Department and the Ministry of Defense of
Israel; and
``(E) to seek ways to broaden Israeli cooperation with--
``(i) the signatories of the Abraham Accords;
``(ii) Egypt; and
``(iii) Jordan.
``(2) Rule of construction.--Nothing in this subsection
shall be construed as requiring the termination of any
existing United States defense activity, group, program, or
partnership with Israel.'';
(3) by amending subsection (c) to read as follows:
``(c) Establishment of United States-Israel Operations-
Technology Working Group Within the United States-Israel
Defense Acquisition Advisory Group.--Not later than one year
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022, the Secretary of
Defense, in consultation with the appropriate heads of other
Federal agencies and with the concurrence of the Minister of
Defense of Israel, shall establish, under the United States
vice chairman of the United States-Israel Defense Acquisition
Advisory Group, a United States-Israel Operations-Technology
Working Group to address operations and technology matters
described in subsection (a)(1).''; and
(4) in subsection (d)(2), by striking ``United States-
Israel Defense Acquisition Advisory Group'' each place it
appears and inserting ``United States-Israel Operations-
Technology Working Group''.
(b) Technical and Conforming Amendment.--The table of
contents for the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
is amended by striking the item relating to section 1299M and
inserting the following new item:
``Sec. 1299M. Establishment of United States-Israel Operations-
Technology Working Group.''.
SEC. 1272. PROHIBITION ON SUPPORT FOR OFFENSIVE MILITARY
OPERATIONS AGAINST THE HOUTHIS IN YEMEN.
(a) In General.--None of the funds authorized to be
appropriated by this Act shall be made available to provide
Department of Defense support for the Saudi-led coalition's
offensive operations against the Houthis in Yemen, including
for coalition strikes.
(b) Waiver.--
(1) In general.--The Secretary of Defense may waive the
prohibition under subsection (a) if the Secretary--
(A) determines that such a waiver is in the national
security interests of the United States;
(B) issues the waiver in writing; and
(C) not more than 5 days after issuing the waiver, submits
to the Committees on Armed Services of the Senate and House
of Representatives a notification that includes the text of
the waiver and a justification for the waiver.
(c) Report.--Not later than March 31, 2022, the Secretary
of Defense, in consultation with the Director of National
Intelligence and the Secretary of State, shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the obstructions that the
Department of Defense has encountered in the delivery of
humanitarian aid in Yemen, including the role of the Kingdom
of Saudi Arabia and Ansar Allah in such obstruction.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit--
(1) United States counterterrorism cooperation with Saudi
Arabia or the United Arab Emirates against al-Qaeda, the
Islamic State of Iraq and Syria, or associated forces; or
(2) United States operations to support efforts to defend
against ballistic missile, cruise missile, unmanned aerial
vehicle, or explosive boat threats to international maritime
traffic or civilian population centers in coalition
countries, including locations in which citizens or nationals
of the United States reside.
SEC. 1273. REPEAL OF AUTHORIZATION OF NON-CONVENTIONAL
ASSISTED RECOVERY CAPABILITIES; MODIFICATION OF
AUTHORITY FOR EXPENDITURE OF FUNDS FOR
CLANDESTINE ACTIVITIES THAT SUPPORT OPERATIONAL
PREPARATION OF THE ENVIRONMENT.
(a) Repeal.--Section 943 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4578), as most recently amended by section
1299D of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is repealed on December 31, 2022.
(b) Plan Required.--
(1) In general.--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 plan for
transitioning the funding for activities currently conducted
under the authority provided by such section 943 to the
authority provided by section 127f of title 10, United States
Code.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) An identification of the non-conventional assisted
recovery activities to be transitioned to the authority
provided by such section 127f.
(B) An identification of any legislative changes to such
section 127f necessary to accommodate the transition of
activities currently funded under such section 943.
(C) Any other matter the Secretary considers relevant.
(c) Modification of Authority for Expenditure of Funds for
Clandestine Activities That Support Operational Preparation
of the Environment.--Section 127f of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(f) Non-Conventional Assisted Recovery Capabilities.--
Funding used to establish, develop, and maintain non-
conventional assisted recovery capabilities under this
section shall only be obligated and expended with the
concurrence of the relevant Chief of Mission or Chiefs of
Mission.''.
SEC. 1274. EXTENSION AND MODIFICATION OF AUTHORITY FOR
CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS.
(a) Extension.--Subsection (a) of section 1213 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1629; 10 U.S.C. 2731 note) is
amended by striking ``December 31, 2022'' and inserting
``December 31, 2023''.
(b) Conditions on Payment.--Subsection (b)(1) of such
section is amended to read as follows:
``(1) the prospective foreign civilian recipient is not
otherwise ineligible for payment under any other provision of
law;''.
(c) Procedures for Submittal of Claims.--Such section is
further amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Procedures for Submittal of Claims.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2022, the Secretary of Defense shall
establish procedures to receive, evaluate, and respond to
allegations of civilian harm resulting from military
operations involving the United States Armed Forces, a
coalition that includes the United States, or a military
organization supporting the United States, including by the
issuance of--
``(A) a formal acknowledgment of such harm;
``(B) a nonmonetary expression of condolence; or
``(C) an ex gratia payment.
``(2) Consultation.--In establishing the procedures under
paragraph (1), the Secretary of Defense shall, as
appropriate, consult with the Secretary of State and
nongovernmental organizations that focus on addressing
civilian harm in conflict.
``(3) Policy updates.--Not later than one year after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2022, the Secretary of Defense shall
ensure that the procedures established under paragraph (1)
are formalized through updates to the policy referred to in
section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 134
note).''.
(d) Quarterly Report.--Subsection (h) of such section, as
redesignated, is amended by adding at the end the following
new paragraph:
``(3) The status of Department of Defense efforts--
``(A) to establish the claims procedures required under
subsection (d)(1); and
``(B) to implement this section.''.
SEC. 1275. SECRETARY OF DEFENSE STRATEGIC COMPETITION
INITIATIVE.
(a) In General.--The Secretary of Defense may provide funds
for one or more Department of Defense activities or programs
described in subsection (c) that advance United States
national security objectives for strategic competition with
near-peer rivals.
(b) Purpose.--The purpose of the authority under subsection
(a) is to support Department efforts--
(1) to compete asymmetrically at the strategic level within
and across domains with near-peer rivals, including through
the fulfillment of emergent and unanticipated requirements of
the combatant commands;
(2) to counter coercion by near-peer rivals against United
States allies and partners in competition short of armed
conflict, including by countering disinformation, malign
foreign influence, and corruption by near-peer rivals to gain
leverage or sow division; and
(3) to integrate with, support, and enable other Federal
departments and agencies to advance United States influence
and interests.
(c) Authorized Activities and Programs.--Activities and
programs for which funds may be provided under subsection (a)
are the following:
(1) The provision of funds to pay for personnel expenses of
foreign defense or security personnel for bilateral or
regional security cooperation programs and joint exercises,
in accordance with section 321 of title 10, United States
Code.
[[Page S8618]]
(2) Humanitarian and civic assistance, in consultation with
the Secretary of State to the extent practicable, including--
(A) urgent and unanticipated humanitarian relief and
reconstruction assistance; and
(B) assistance for capacity building for disaster response
and risk reduction.
(3) Defense support for stabilization and counter-extremism
activities of other Federal departments and agencies,
including activities under--
(A) section 1210A of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1626); and
(B) section 385 of title 10, United States Code.
(4) Activities to build the institutional capacity of
foreign national security forces, including efforts to
counter corruption, in accordance with section 332 of title
10, United States Code.
(5) Activities to build the capabilities of the joint force
and the security forces of United States allies and partners
to conduct irregular warfare for strategic competition.
(6) Activities to expose and counter foreign malign
influence, coercion, and subversion.
(d) Funding.--Amounts made available for activities carried
out pursuant to subsection (a) in a fiscal year may be
derived only from amounts authorized to be appropriated for
such fiscal year for the Department of Defense for operation
and maintenance, Defense-wide.
(e) Relationship to Other Funding.--Any amount provided by
the Secretary of Defense during any fiscal year out of the
Secretary of Defense Strategic Competition Initiative for an
activity or program described in subsection (c) shall be in
addition to amounts otherwise available for that activity or
program for that fiscal year.
(f) Use of Funds.--
(1) Limitations.--Of funds made available under this
section for any fiscal year--
(A) not more than $20,000,000 in each fiscal year is
authorized to be obligated and expended under this section;
and
(B) not more than $3,000,000 may be used to pay for
personnel expenses under subsection (c)(1).
(2) Prohibition.--Funds may not be provided under this
section for any activity that has been denied authorization
by Congress.
(g) Annual Report.--Not less frequently than annually, the
Secretary of Defense shall submit to the congressional
defense committees a report on the use of the authority under
subsection (a).
(h) Termination.--The authority under subsection (a) shall
terminate on September 30, 2024.
SEC. 1276. STRATEGIC COMPETITION INITIATIVE FOR UNITED STATES
SOUTHERN COMMAND AND UNITED STATES AFRICA
COMMAND.
(a) Initiative.--The Secretary of Defense may develop and
carry out, through the Department of Defense authorities
specified in subsection (d), an initiative to support
programs and activities for long-term strategic competition
with near-peer rivals in the areas of responsibility of the
United States Southern Command and the United States Africa
Command.
(b) Purpose.--The purpose of the initiative under
subsection (a) is to support Department efforts--
(1) to compete strategically with, and counter the
influence of, near-peer rivals in such areas of
responsibility;
(2) to counter coercion by near-peer rivals against United
States allies and partners in competition short of armed
conflict, including by addressing sources of insecurity and
other vulnerabilities that near-peer rivals exploit to gain
leverage or sow division;
(3) to strengthen the resilience of foreign security forces
and ministries in such areas of responsibility against
corruption and malign influence from near-peer rivals,
including by building institutional capabilities for
accountability and adherence to the rule of law; and
(4) to support and enable United States Government
interagency integration and activities that advance United
States national security objectives for strategic competition
with near-peer rivals, including by supporting civilian
efforts to address vulnerabilities arising from the COVID-19
pandemic in such areas of responsibility.
(c) Plan.--
(1) In general.--The Secretary, in consultation with the
Commander of the United States Southern Command and the
Commander of the United States Africa Command, shall develop
and submit to the congressional defense committees a plan for
the initiative under subsection (a).
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees the plan developed under
paragraph (1).
(d) Authorities.--The authorities specified in this
subsection are the following:
(1) The authority of the Defense Security Cooperation
Agency under section 332 of title 10, United States Code, to
carry out--
(A) institutional capacity-building activities; and
(B) the Ministry of Defense Advisors program.
(2) Security cooperation authorities under chapter 16 of
title 10, United States Code.
(3) Legal institution capacity-building authority under
section 1210 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1625; 10
U.S.C. 332 note).
(4) Overseas humanitarian, disaster, and civic aid
authorities under sections 404 and 2561 of title 10, United
States Code.
(5) Joint task force authority to support law enforcement
agencies conducting counterterrorism, counter illicit
trafficking, and counter transnational organized crime
activities under section 285 of title 10, United States Code,
as added by this Act.
(6) Stabilization activities authority under section 1210A
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1626).
(7) The authority of the Defense Environmental
International Cooperation program.
(8) Any other authority the Secretary considers
appropriate.
(e) Notification to Congress.--Not later than 15 days
before commencing the initiative under subsection (a), the
Secretary shall submit to the congressional defense
committees a notification containing each of the following:
(1) An identification of one or more countries in which a
program under the initiative will be conducted.
(2) A description of the strategic objectives of each such
program.
(3) The budget and timetable for implementing and
completing each such program.
(4) A description of the arrangements, if any, for a host
country to sustain such a program or any capability developed
by such a program.
(f) Report.--Beginning in the fiscal year in which the
Secretary commences the initiative under subsection (a), and
annually thereafter through the fiscal year in which the
initiative terminates under subsection (h), the Secretary
shall submit to the congressional defense committees a report
on the implementation of the initiative.
(g) Funding.--Amounts for programs and activities carried
out under subsection (a) in a fiscal year may be derived from
amounts authorized to be appropriated for such fiscal year
for the Department of Defense for operations and maintenance.
(h) Termination.--The authority for the initiative under
subsection (a) shall terminate on December 31, 2024.
SEC. 1277. MODIFICATION OF NOTIFICATION REQUIREMENTS FOR
SENSITIVE MILITARY OPERATIONS.
Section 130f(d)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) an operation conducted by the armed forces to free an
individual from the control of hostile foreign forces.''.
SEC. 1278. SPECIAL OPERATIONS FORCES JOINT OPERATING CONCEPT
FOR COMPETITION AND CONFLICT.
(a) In General.--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 and the
Commander of the United States Special Operations Command
shall jointly submit to the congressional defense committees
a Special Operations Forces joint operating concept for
competition and conflict.
(b) Elements.--The joint operating concept required by
subsection (a) shall include the following:
(1) A detailed description of the manner in which Special
Operations Forces will be expected to operate in the future
across the spectrum of operations, including operations below
the threshold of traditional armed conflict, crisis, and
armed conflict.
(2) An explanation of the roles and responsibilities of the
National Mission Force and the Theater Special Operations
Forces, including how such forces will be integrated with
each other and with general purpose forces.
(3) An articulation of the required capabilities of the
special operations forces.
(4) An explanation of the manner in which the joint
operating concept relates to and fits within the joint
warfighting concept produced by the Joint Chiefs of Staff.
(5) An explanation of the manner in which the joint
operating concept relates to and integrates into the
operating concepts of the Armed Forces.
(6) Any other matter the Assistant Secretary and the
Commander consider relevant.
SEC. 1279. PLAN FOR PROVISION OF INFORMATION SUPPORT TO
COMMANDERS OF THE COMBATANT COMMANDS.
(a) Plan Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence and Security, in coordination with the Director
of National Intelligence, shall develop a plan for more
effectively fulfilling the intelligence and information
requirements of the combatant commands with respect to
efforts by the combatant commands to expose and counter
foreign malign influence, coercion, and subversion activities
undertaken by, or at the direction, on behalf, or with
substantial support of the governments of, covered foreign
countries.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) A review of current policies and procedures relating to
the provision, sharing, and declassification of intelligence
gathered by the Defense Intelligence Enterprise to support
such efforts.
(B) A plan for improving the quality and timeliness of
intelligence and information
[[Page S8619]]
provided to the commanders of the combatant commands to aid
in such efforts, including mechanisms to enable the
disclosure of foreign malign influence, coercion, and
subversion activities--
(i) in appropriate classified venues, in collaboration with
relevant allies and partners; or
(ii) as unclassified information for public release.
(C) A plan to better leverage open-source and commercially
available information and independent analysis to support
such efforts.
(D) An identification of any additional resources or
legislative authority necessary to better meet such
intelligence and information requirements.
(E) An assignment of responsibilities and timelines for the
implementation of the plans described in subparagraphs (B)
and (C).
(F) Any other matter the Under Secretary of Defense for
Intelligence and Security considers relevant.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Intelligence and Security, in coordination with the Director
of National Intelligence, shall submit to the appropriate
committees of Congress the plan developed under subsection
(a).
(c) Comptroller General Assessment.--Not later than 45 days
after the date on which the plan is submitted under
subsection (b), the Comptroller General of the United States
shall submit to the appropriate committees of Congress an
assessment of the sufficiency of the plan for meeting such
intelligence and information requirements.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Covered foreign country.--The term ``covered foreign
country'' means any of the following:
(A) The People's Republic of China.
(B) The Russian Federation.
(C) The Islamic Republic of Iran.
(D) The Democratic People's Republic of Korea.
(E) Any other foreign country the Under Secretary of
Defense for Intelligence and Security and the Director of
National Intelligence consider appropriate.
SEC. 1280. 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.
(C) An assessment of the feasibility of alternative Unified
Command Plan structures.
(D) Recommendations, if any, for alternative Unified
Command Plan structures.
(E) Recommendations, if any, for modifications to sections
161 through 169 of title 10, United States Code.
(F) 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.
SEC. 1281. ESTABLISHMENT OF MISSION-ORIENTED PILOT PROGRAMS
TO CLOSE SIGNIFICANT CAPABILITIES GAPS.
(a) In General.--The Secretary of Defense shall establish,
within the Strategic Capabilities Office of the Office of the
Secretary of Defense, not fewer than two mission-oriented
integration pilot programs with the objective of closing
significant capabilities gaps by synchronizing and
integrating missions across services and field agencies.
(b) Elements.--The pilot programs established under
subsection (a) shall--
(1) be aligned to specific outstanding operational
challenges of high importance to the operational plans of the
United States Indo-Pacific Command and the United States
European Command;
(2) be designed to leverage industry cost sharing by using
sources such as private equity and venture capital funding to
develop the underlying technology and overall capability for
delivery to the joint force, as a product or as a service,
not later than five years after the date on which the program
commences;
(3) not later than three years after such date--
(A) demonstrate proof of efficacy through operational
concept experimentation and prototype development; and
(B) deliver an operational capability not later than five
years after the pilot program commences;
(4) provide an operationally relevant solution for--
(A)(i) maintaining resilient aircraft operations in and
around Guam in the face of evolving regional threats,
including large salvo supersonic and hypersonic missile
threats; or
(ii) a similar operational challenge of strategic
importance and relevance to the responsibilities and plans of
the United States Indo-Pacific Command or the United States
European Command; and
(B)(i) providing a resilient logistics and resupply
capability in the face of evolving regional threats,
including operations within an anti-access-area denial
environment; or
(ii) a similar operational challenge of strategic
importance and relevance to the responsibilities and plans of
the United States Indo-Pacific Command; and
(5) be developed to incorporate--
(A) existing and planned Department of Defense systems and
capabilities to achieve mission objectives; and
(B) to the extent practicable, technologies that have dual-
use commercial market potential.
(c) Role of Strategic Capabilities Office.--
(1) In general.--With respect to the pilot programs
established under subsection (a), the Strategic Capabilities
Office of the Office of the Secretary of Defense shall--
(A) assign pilot program managers--
(i) to coordinate and collaborate with investors,
performers, combatant commands, and military departments to
define mission requirements and solutions; and
(ii) to coordinate and monitor pilot program
implementation;
(B) provide technical assistance for pilot program
activities, including developing and implementing metrics,
which shall be used--
(i) to assess the current status of the operational
challenge concerned; and
(ii) to characterize the resilience of operational
approaches to known threats and single points of failure;
(C) provide operational use case expertise to participants
in the pilot programs; and
(D) serve as the liaison between the Armed Forces, the
combatant commanders, and the participants in the pilot
programs.
(2) Reports to congress.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the head of the Strategic Capabilities Office of
the Office of the Secretary of Defense shall submit to the
congressional defense committees a report on the pilot
programs.
(d) Additional Authorities.--The Secretary shall assess
authorities required by the pilot program managers for the
effective and efficient fulfillment of their
responsibilities, including the delegation of hiring
personnel and contracting authorities.
(e) Data.--The Secretary shall establish mechanisms to
collect and analyze data on the implementation of the pilot
programs for the purposes of--
(1) developing and sharing best practices for achieving
goals established for the pilot programs; and
(2) providing information to the Secretary and the
congressional defense committees on--
(A) the implementation of the pilot programs; and
(B) related policy issues.
(f) Recommendations.--Not later than two years after the
date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a recommendation with
respect to continuing or expanding the pilot programs.
(g) Transition of Pilot Program Responsibilities.--
Beginning in fiscal year 2025, the Secretary may transition
the responsibility for the pilot programs to another
organization.
SEC. 1282. LIMITATION ON AVAILABILITY OF CERTAIN FUNDING FOR
OPERATION AND MAINTENANCE.
Of the amounts authorized to be appropriated by this Act
for fiscal year 2022 for operation and maintenance, Defense-
wide, and available for the Office of the Secretary of
Defense, not more than 75 percent may be obligated or
expended until the date that is 15 days after the date on
which the Secretary submits to the congressional defense
committees the following:
(1) The report on the comprehensive policy of the
Department of Defense on collective self-defense required by
section 1754(c) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 130f note).
[[Page S8620]]
(2) The first quarterly report identifying and summarizing
all execute orders approved by the Secretary of Defense or
the commander of a combatant command in effect for the
Department of Defense as required by section 1744(c) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 113 note).
(3) The report on the policy of the Department of Defense
relating to civilian casualties resulting from United States
military operations required by section 936(d) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 134 note).
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE
THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $239,849,000 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 weapons destruction, $13,250,000.
(3) For global nuclear security, $17,767,000.
(4) For cooperative biological engagement, $124,022,000.
(5) For proliferation prevention, $58,754,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $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.
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--Armed Forces Retirement Home
SEC. 1411. 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.
Subtitle C--Other Matters
SEC. 1421. AUTHORIZATION TO LOAN MATERIALS IN NATIONAL
DEFENSE STOCKPILE.
Section 6 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98e) is amended by adding at the end
the following new subsection:
``(f) The President may loan stockpile materials to the
Department of Energy or the military departments if the
President--
``(1) has a reasonable assurance that stockpile materials
of a similar or superior quantity and quality to the
materials loaned will be returned to the stockpile or paid
for;
``(2) notifies the congressional defense committees (as
defined in section 101(a) of title 10, United States Code),
in writing, not less than 30 days before making any such
loan; and
``(3) includes in the written notification under paragraph
(2) sufficient support for the assurance described in
paragraph (1).''.
SEC. 1422. REPEAL OF TERMINATION OF BIENNIAL REPORT ON
NATIONAL DEFENSE STOCKPILE REQUIREMENTS.
Section 1061(i) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111 note)
is amended by striking paragraph (30).
SEC. 1423. 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 by 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).
(b) Treatment of Transferred Funds.--For purposes of
subsection (a)(2) of such section 1704, any funds transferred
under subsection (a) shall be treated as amounts authorized
and appropriated specifically for the purpose of such a
transfer.
(c) Use of Transferred Funds.--For 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).
TITLE XV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
SEC. 1501. DELEGATION OF AUTHORITIES TO SPACE DEVELOPMENT
AGENCY.
(a) Personnel Management Authority.--Section 1599h(b)(1) of
title 10, United States Code, is amended--
(1) by redesignating subparagraph (H) as subparagraph (I);
and
(2) by striking the second subparagraph (G), as added by
section 1602(b)(3) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), and inserting the following new
subparagraph (H):
``(H) in the case of the Space Development Agency, appoint
individuals to a total of not more than 50 positions in the
Agency, of which not more than 10 such positions may be
positions of administration and management of the Agency;
and''.
(b) Additional Authorities.--
(1) In general.--Chapter 908 of title 10, United States
Code, is amended--
(A) by redesignating the second section designated as
section 9084, as added by section 1601(a) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), as section 9086 and
moving such section so as to appear after section 9085; and
(B) in section 9086, as so redesignated, by adding at the
end the following new subsection:
``(d) Delegation of Authorities.--
``(1) In general.--To the extent practicable, the Secretary
of the Air Force, acting through the Service Acquisition
Executive for Space, shall ensure the delegation to the
Agency of--
``(A) head of contracting authority; and
``(B) milestone decision authority for the middle tier of
acquisition programs.
``(2) Rescission.--
``(A) In general.--The Service Acquisition Executive for
Space may rescind the delegation of authority under paragraph
(1) for cause or on a case-by-case basis.
``(B) Notification.--Not later than 30 days after the date
of a rescission under subparagraph (A), the Secretary of the
Air Force shall notify the congressional defense committees
of such rescission.''.
(2) Technical and conforming amendments.--The table of
sections for chapter 908 of title 10, United States Code, is
amended--
(A) by striking the item relating to section 9084, as added
by section 1601(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283); and
(B) by adding at the end the following new item:
``9086. Space Development Agency.''.
SEC. 1502. MODIFICATION TO SPACE DEVELOPMENT AGENCY.
Section 9086 of title 10, United States Code, as
redesignated and amended by section 1501(b)(1), is further
amended by adding at the end the following new subsections:
``(e) Acquisitions.--The Joint Capabilities Integration and
Development System process shall not apply to acquisitions by
the Agency.
``(f) Combatant Commander and Warfighter Council.--Not less
frequently than twice annually, the Director shall convene a
Combatant Commander and Warfighter Council, which shall--
``(1) establish and validate capability plans for the
Agency; and
[[Page S8621]]
``(2) recommend priorities for the Agency, as the
commanders of the combatant commands consider appropriate.''.
SEC. 1503. DISCLOSURE OF NATIONAL SECURITY SPACE LAUNCH
PROGRAM CONTRACT PRICING TERMS.
(a) In General.--Chapter 135 of title 10, United States
Code, is amended by inserting after section 2276 the
following new section 2277:
``Sec. 2277. Disclosure of National Security Space Launch
program contract pricing terms
``(a) In General.--With respect to any contract awarded by
the Secretary of the Air Force for the launch of a national
security payload under the National Security Space Launch
program, not later than 30 days after entering into such a
contract, the Secretary shall submit to the congressional
defense committees a description of the pricing terms of the
contract.
``(b) Competitively Sensitive Trade Secret Data.--The
congressional defense committees shall--
``(1) treat a description of pricing terms submitted under
subsection (a) as competitively sensitive trade secret data;
and
``(2) use the description solely for committee purposes,
subject to appropriate restrictions to maintain the
confidentiality of the description.
``(c) Rule of Construction.--For purposes of section 1905
of title 18, United States Code, a disclosure of contract
pricing terms under subsection (a) shall be construed as a
disclosure authorized by law.''.
(b) Conforming Amendment.--The table of sections at the
beginning of chapter 135 of title 10, United States Code, is
amended by inserting after the item relating to section 2276,
the following new item:
``2277. Disclosure of National Security Space Launch program contract
pricing terms.''.
SEC. 1504. EXTENSION AND MODIFICATION OF COUNCIL ON OVERSIGHT
OF THE DEPARTMENT OF DEFENSE POSITIONING,
NAVIGATION, AND TIMING ENTERPRISE.
Section 2279b of title 10, United States Code, is amended--
(1) in subsection (d)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) Alternative methods to perform position navigation
and timing.''; and
(2) in subsection (h), by striking ``National Defense
Authorization Act for Fiscal Year 2016'' and inserting
``National Defense Authorization Act for Fiscal Year 2022''.
SEC. 1505. SENIOR PROCUREMENT EXECUTIVE AUTHORITY.
(a) Office of the Secretary of the Air Force.--Section
9014(c) of title 10, United States Code, is amended--
(1) 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
(2) by adding at the end 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 relate to space systems and programs.''.
(b) Duties 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 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. 1506. MODIFICATIONS TO SPACE FORCE ACQUISITION COUNCIL.
(a) In General.--Section 9021 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``Force'';
(2) in subsection (a), by striking ``Space Force
Acquisition Council'' and inserting ``Space Acquisition
Council''; and
(3) in subsection (c), by striking ``the Air Force for''.
(b) Conforming Amendment.--The table of sections for
chapter 903 of title 10, United States Code, is amended by
striking the item relating to section 9021 and inserting the
following:
``9021. Space Acquisition Council.''.
SEC. 1507. MODIFICATIONS RELATING TO THE ASSISTANT SECRETARY
OF THE AIR FORCE FOR SPACE ACQUISITION AND
INTEGRATION.
(a) Space Force Acquisition Council Review and
Certification of Determinations of the Assistant Secretary of
the Air Force for Space Acquisition and Integration.--Section
9021(c) of title 10, United States Code, as amended by
section 1506, is further amended--
(1) by striking ``The Council'' and inserting ``(1) The
Council''; and
(2) by adding at the end the following:
``(2)(A) The Council shall promptly--
``(i) review any determination made by the Assistant
Secretary of the Air Force for Space Acquisition and
Integration with respect to architecture for Department of
Defense space systems or programs under section
9016(b)(6)(B)(i), including the requirements for operating
such space systems or programs; and
``(ii)(I) if the Council finds such a determination to be
warranted, certify the determination; or
``(II) if the Council finds such a determination not to be
warranted, decline to certify the determination.
``(B) Not later than 10 business days after the Council
makes a decision with respect to a certification under
subparagraph (A), the Council shall submit to the
congressional defense committees a notification of the
decision, including a detailed justification for the
decision.
``(C) Except as provided in subparagraph (D), the Assistant
Secretary of the Air Force for Space Acquisition and
Integration may not take any action to implement a
determination referred to in subparagraph (A)(i) until 60
days after the submittal of the notification under
subparagraph (B).
``(D)(i) The Secretary of Defense may waive subparagraph
(C) in the event of an urgent national security condition.
``(ii) The Secretary of Defense shall submit to the
congressional defense committees a notification of any waiver
granted under this subparagraph, including a justification
for the waiver.''.
(b) Department of Defense Space Systems and Programs.--
Section 9016(b)(6)(B)(i) of title 10, United States Code, is
amended to read as follows:
``(i) Be responsible for and oversee all architecture and
integration of the Department of Defense for space systems
and programs, with respect to their acquisition, including in
support of the Chief of Space Operations under section 9082
of this title.''.
(c) 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;
133 Stat. 1566; 10 U.S.C. 9016 note) is amended by inserting
``and the Department of Defense'' after ``programs of the Air
Force''.
(d) Additional Authorities of Chief of Space Operations.--
Section 9082(d) of title 10, United States Code, is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) be the force design architect for Department of
Defense space systems.''.
SEC. 1508. MODIFICATION TO 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; 133 Stat. 1566; 10
U.S.C. 9016 note), as amended by section 1507(c), is further
amended by striking ``Effective'' and inserting ``Not later
than''.
SEC. 1509. EXTENSION AND MODIFICATION OF CERTIFICATIONS
REGARDING INTEGRATED TACTICAL WARNING AND
ATTACK ASSESSMENT MISSION OF THE AIR FORCE.
Section 1666 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 113 Stat. 2617), as
amended by section 1604 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is further amended--
(1) in the section heading, by striking ``the air force''
and inserting ``the department of the air force'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``each year thereafter through 2020'' and
inserting ``each year thereafter through 2026''; and
(ii) by inserting ``, in consultation with the Commander of
the United States Strategic Command and the Commander of the
United States Northern Command,'' after ``the Commander of
the United States Space Command'';
(B) in paragraph (1)--
(i) by striking ``the Air Force is'' and inserting ``the
Department of the Air Force is''; and
(ii) by inserting ``and the Space Force'' after ``to the
Air Force''; and
(C) in paragraph (2), by striking ``the Air Force'' and
inserting ``the Department of the Air Force''; and
(3) in subsection (b)--
(A) by inserting ``of the United States Space Command''
after ``Commander'';
(B) by striking ``system of the Air Force'' and inserting
``system of the Department of the Air Force'';
(C) by striking ``command of the Air Force'' and inserting
``command of the Department of the Air Force''; and
(D) by striking ``aspects of the Air Force'' and inserting
``aspects of the Department of the Air Force''.
SEC. 1510. PROHIBITION ON MISSILE DEFENSE AGENCY PRODUCTION
OF SATELLITES AND GROUND SYSTEMS ASSOCIATED
WITH OPERATION OF SUCH SATELLITES.
(a) In General.--The Director of the Missile Defense Agency
shall not authorize or obligate funding for a program of
record for the production of satellites or ground systems
associated with the operation of such satellites.
(b) Exemption for Production of Prototype Satellites.--
(1) In general.--The Director of the Missile Defense
Agency, with the concurrence of the Space Acquisition Council
established by section 9021 of title 10, United States Code,
may authorize the production of a prototype satellite,
consistent with the requirements of the Missile Defense
Agency.
[[Page S8622]]
(2) Report.--Not later than 30 days after concurring with
an authorization for the production of a prototype satellite
under paragraph (1), the chair of the Space Acquisition
Council shall submit to the congressional defense committees
a report explaining the reasons for such concurrence.
(3) Limitation on obligation of funds.--The Director of the
Missile Defense Agency may not obligate funds for the
production of such a satellite before the submittal of the
report required by paragraph (2).
SEC. 1511. CONTINUED REQUIREMENT FOR NATIONAL SECURITY SPACE
LAUNCH PROGRAM.
In carrying out Phase 2 of the acquisition strategy for the
National Security Space Launch program, the Secretary of the
Air Force shall ensure that launch services are procured only
from launch service providers that use launch vehicles
meeting Federal requirements with respect to required
payloads to reference orbits.
SEC. 1512. LIMITATION, REPORT, AND BRIEFING ON USE OF
COMMERCIAL SATELLITE SERVICES AND ASSOCIATED
SYSTEMS.
(a) Limitation.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Defense may not rely solely on the use of
commercial satellite services and associated systems to carry
out a critical defense requirement, such as command and
control, targeting, and any other requirement necessary to
effectively execute defense operations.
(2) Mitigation measures.--The Secretary may rely solely on
the use of commercial satellite services and associated
systems to carry out a critical defense requirement described
in paragraph (1) if the Secretary has taken measures to
mitigate the vulnerability of any such requirement.
(b) Report and Briefing.--
(1) In general.--Not less frequently than quarterly through
fiscal year 2030, the Secretary shall submit a report and
provide a briefing to the congressional defense committees on
the extent of the reliance of the Department of Defense on
commercial satellite services and associated systems to
provide capability and additional capacity across the
Department.
(2) Elements.--Each report and briefing required by
paragraph (1) shall include the following for the preceding
quarter:
(A) An assessment of such reliance and the resulting
vulnerabilities.
(B) An analysis of potential measures to mitigate such
vulnerabilities.
(C) A description of mitigation measures taken by the
Secretary under subsection (a)(2).
SEC. 1513. STUDY ON COMMERCIAL SYSTEMS INTEGRATION INTO, AND
SUPPORT OF, ARMED FORCES SPACE OPERATIONS.
(a) In General.--The Secretary of the Air Force shall enter
into an arrangement with a federally funded research and
development center to conduct a study on--
(1) the extent of commercial support of, and integration
into, Armed Forces space operations; and
(2) measures to ensure that such operations, particularly
operations that are mission critical, continue to be carried
out in the most effective manner possible during a time of
conflict.
(b) Elements.--The study required by subsection (a) shall
include an assessment of each of the following:
(1) The extent to which the Department of Defense uses
commercial satellites to support Armed Forces operations.
(2) The anticipated increase in such use during the
subsequent 10-year period.
(3) In the event the Armed Forces loses access to
commercially operated space systems and the data provided by
such systems, the impact on Armed Forces operations.
(4) Steps the Department may take to mitigate the risk of
loss of such access.
(5) As the Department develops plans to increase the
resiliency of its space architectures, the anticipated role
of commercial systems in such plans.
(6) The international agreements and organizations that
govern the manner in which commercial entities operate
systems in outer space.
(7) Whether, under current international law, a commercial
satellite used to support military operations is considered a
legitimate military target.
(8) The extent to which owners of commercial satellites are
aware that such satellites may be targeted by a foreign
power.
(9) The current insurance coverage scheme for commercial
satellites that support Armed Forces operations.
(10) During the 10-year period ending on the date of the
enactment of this Act, the frequency with which third parties
have interfered with commercially operated satellites that
support Armed Forces operations.
(11) Any other matter the Secretary considers necessary.
(c) Report.--
(1) In general.--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 on the results of
the study required by subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
SEC. 1514. SPACE POLICY REVIEW.
(a) In General.--The Secretary of Defense, in consultation
with the Director of National Intelligence, shall carry out a
review of the space policy of the Department of Defense.
(b) Elements.--The review required by subsection (a) shall
include the following:
(1) For the subsequent five-year period, an assessment of
the threat to the space operations of the United States and
its allies.
(2) An assessment of the national security objectives of
the Department relating to space.
(3) An evaluation of the policy changes and funding
necessary to accomplish such objectives during such five-year
period.
(4) An assessment of the policy of the Department with
respect to deterring, responding to, and countering threats
to the space operations of the United States and its allies.
(5) An analysis of such policy with respect to normative
behaviors in space, including the commercial use of space.
(6) An analysis of the extent to which such policy is
coordinated with other ongoing policy reviews, including
nuclear, missile defense, and cyber operations.
(7) A description of the Department's organization and
space doctrine to carry out its space policy.
(8) An assessment of the space systems and architectures to
implement such space policy.
(9) Any other matter the Secretary considers appropriate.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in consultation
with the Director, shall submit to the congressional defense
committees a report on the results of the review required by
subsection (a).
(2) Annual updates.--Not less frequently than annually for
fiscal years 2024 through 2026, and concurrent with the
President's budget submissions, the Secretary, in
consultation with the Director, shall submit to the
congressional defense committees a report describing any
update to the assessments, analyses, and evaluations carried
out pursuant to such review.
(3) Form.--Each report required by this subsection shall be
submitted in unclassified form but may include a classified
annex.
SEC. 1515. ANNUAL BRIEFING ON THREATS TO SPACE OPERATIONS.
(a) In General.--Not later than February 28 each year
through 2026, the Chief of Space Operations, in consultation
with the Director of National Intelligence, shall brief the
appropriate committees of Congress on the threats to United
States space operations posed by the Russian Federation, the
People's Republic of China, and any other country relevant to
the conduct of such operations.
(b) Elements.--Each briefing required by subsection (a)
shall include the following:
(1) A review of the current posture of such threats and
anticipated advances in such threats over the subsequent
five-year period.
(2) A description of potential measures to counter such
threats.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
Subtitle B--Defense Intelligence and Intelligence-related Activities
SEC. 1521. AUTHORITY FOR ARMY COUNTERINTELLIGENCE AGENTS TO
EXECUTE WARRANTS AND MAKE ARRESTS.
(a) In General.--Section 7377 of title 10, United States
Code, is amended--
(1) in the section heading, by inserting ``and Army
Counterintelligence Command'' before the colon; and
(2) in subsection (b)--
(A) by striking``any employee of the Department of the Army
who is a special agent'' and inserting the following: ``any
employee of the Department of the Army who is--
``(1) a special agent'';
(B) in subparagraph (1), as designated by subparagraph (A),
by striking the period at the end and inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(2) a special agent of the Army Counterintelligence
Command (or a successor to that command) whose duties include
conducting, supervising, or coordinating counterintelligence
investigations involving potential or alleged violations
punishable under chapter 37, 113B, or 115 of title 18 and
similar offenses punishable under this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 747 of such title is amended by striking
the item relating to section 7377 and inserting the following
new item:
``7377. Civilian special agents of the Criminal Investigation Command
and Army Counterintelligence Command: authority to
execute warrants and make arrests.''.
SEC. 1522. ANNUAL BRIEFING BY DIRECTOR OF THE DEFENSE
INTELLIGENCE AGENCY ON ELECTRONIC WARFARE
THREAT TO OPERATIONS OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later than the first March 31 after
the date of the enactment of this Act and not later than
March 31 of each year thereafter until March 31, 2026, the
Director of the Defense Intelligence Agency
[[Page S8623]]
shall provide the congressional defense committees, the
Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives a briefing on the electronic warfare threat
to operations of the Department of Defense by Russia and
China as well other countries relevant to the conduct of such
operations.
(b) Contents.--Each briefing provided under subsection (a)
shall include a review of the following:
(1) Current electronic warfare capabilities of the armed
forces of Russia, the armed forces of China, and the armed
forces of such other countries as the Director considers
appropriate.
(2) An estimate, for the five-year period beginning after
the date of the briefing of the following:
(A) Advances in electronic warfare threats to the
operations of the Department from the countries referred to
in paragraph (1).
(B) The order of battle for Russia, China, and each other
country the Secretary considers appropriate.
Subtitle C--Nuclear Forces
SEC. 1531. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND
STRATEGIC DETERRENCE EXERCISES.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) presidential decisions to consider or authorize the use
of nuclear weapons are of critical national importance, and
should be informed by senior officials and staff who are
intimately familiar with the likely scenarios in which such
use might be contemplated and trained in the associated
consultation and communications processes;
(2) in a world in which emerging technologies are rapidly
changing the nature of conflict, the considerations
surrounding the use of nuclear weapons have become even more
complex, challenging even those most experienced with the
intricacies of nuclear employment decision-making processes,
and that now, more than ever, effective crisis management
requires improved senior leader understanding of the
complexities of deterrence, escalation and de-escalation, and
the range of options available across all phases of a crisis
or conflict;
(3) as a result of the concerns described in paragraph (2),
section 1669 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2156) directed the Secretary of Defense to contract
with a federally funded research and development center to
conduct a study on the potential benefits and risks of
options to increase the time the President has to make a
decision regarding the employment of nuclear weapons;
(4) the resulting report, completed by the Institute for
Defense Analyses, found that, ``For the underlying system to
have the best chance of giving a president all of the
decision time the circumstances afford, trusted advisors
cannot be starting to become familiar with nuclear weapons
and operations in the midst of a crisis. Consequently, a
relatively simple path to maximizing presidential decision
time focuses on preparing principals for a type of decision
or situation that will be different than anything they have
encountered previously in their careers.'';
(5) in 2020, the Defense Science Board reached a similar
recommendation in assessing the national leadership command
capability, which was to ``establish an exercise, testing,
and learning regimen that is sustained and provides the
principal source of areas for continuous improvement in
capabilities and processes'';
(6) such preparation is best achieved through participation
in realistic and operationally relevant simulations of
scenarios in which a decision to authorize the use of nuclear
weapons might reasonably be considered and, accordingly,
senior officials, advisors to the President, and staff should
leverage any and all opportunities to improve their
familiarity with such scenarios and processes; and
(7) because of the highly classified nature of such
activities, the most appropriate means of improving
familiarity with such scenarios and processes is through
participation in annual exercises organized and executed by
the United States Strategic Command and Joint Staff or
through other appropriate nuclear and command control
exercises conducted on a regular basis.
(b) Participation in United States Strategic Command
Strategic Deterrence Exercises.--
(1) In general.--Chapter 24 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 499b. Participation in United States Strategic Command
strategic deterrence exercises
``(a) In General.--In the case of annual strategic
deterrence exercises held by the United States Strategic
Command during fiscal years 2022 through 2032--
``(1) the Assistant to the President for National Security
Affairs is encouraged to participate in each such exercise
that occurs during an even-numbered year;
``(2) the Deputy Assistant to the President for National
Security Affairs is encouraged to participate in each such
exercise that occurs during an odd-numbered year;
``(3) the Under Secretary of Defense for Policy shall
participate, in whole or in part, in each such exercise;
``(4) the Vice Chairman of the Joint Chiefs of Staff shall
participate, in whole or in part, in each such exercise;
``(5) appropriate senior staff of the Executive Office of
the President or appropriate organizations supporting the
White House relating to continuity of government activities
are encouraged to participate in each such exercise;
``(6) appropriate general or flag officers of the military
departments, and appropriate employees of Federal agencies in
Senior Executive Service positions (as defined in section
3132 of title 5, United States Code), shall participate, in
whole or in part, in each such exercise, to provide relevant
expertise to the Assistant to the President for National
Security Affairs and the Deputy Assistant to the President
for National Security Affairs; and
``(7) in the case of such an exercise for which a unified
combatant command has a geographic area of responsibility
relevant to the scenario planned to be used for the exercise,
not fewer than two of the following individuals from that
command shall participate, in whole or in part, in the
exercise:
``(A) The Commander.
``(B) The Deputy Commander.
``(C) The Director of the Joint Staff for Operations.
``(D) The Director of the Joint Staff for Strategic Plans
and Policy.
``(b) Reports Required.--(1) Not later than 30 days after
the completion of an annual strategic deterrence exercise
described in subsection (a), the Commander of the United
States Strategic Command shall submit to the Chairman of the
Joint Chiefs of Staff and the Secretary of Defense a report
on the exercise, which, at a minimum, shall include the
following:
``(A) A description of the purpose and scope of the
exercise.
``(B) An identification of the principal personnel
participating in the exercise.
``(C) A statement of the principal findings resulting from
the exercise that specifically relate to the nuclear command,
control, and communications or senior leader decision-making
process and a description of any deficiencies in that process
identified a result of the exercise.
``(2) Not later than 60 days after the completion of an
annual strategic deterrence exercise described in subsection
(a), the Secretary shall transmit to the congressional
defense committees--
``(A) an unedited copy of the report of the Commander
submitted under paragraph (1); and
``(B) any additional recommendations or other matters the
Secretary considers appropriate.''.
(2) Clerical amendment.--The table of sections for chapter
24 of such title is amended by adding at the end the
following new item:
``499b. Participation in annual United States Strategic Command
strategic deterrence exercises.''.
SEC. 1532. MODIFICATION TO REQUIREMENTS RELATING TO NUCLEAR
FORCE REDUCTIONS.
(a) Prior Notification of Reductions for Insufficient
Funding.--Subsection (a)(2)(B) of section 494 of title 10,
United States Code, is amended by striking ``60 days'' and
inserting ``120 days''.
(b) Net Assessment of Nuclear Force Levels With Respect to
Certain Proposals to Reduce Nuclear Weapons Stockpile.--
Subsection (c) of such section is amended--
(1) by striking ``December 31, 2011'' each place it appears
and inserting ``December 31, 2021'';
(2) in paragraph (1)--
(A) by amending subparagraph (B) to read as follows:
``(B) the Secretary of Defense shall, not later than 120
days before the President implements that proposal, submit to
the congressional defense committees--
``(i) the assessment described in subparagraph (A),
unchanged, together with the explanatory views of the
Secretary, as the Secretary deems appropriate; and
``(ii) an assessment of whether the proposed reduction in
nuclear weapons will cause the number of nuclear weapons in
the United States nuclear weapons stockpile to be fewer than
the high-confidence assessment of the intelligence community
(as defined in section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4))) with respect to the number of
nuclear weapons in the stockpiles of the Russian Federation
and the People's Republic of China; and''; and
(B) in subparagraph (C), by striking ``Committees on Armed
Forces of the Senate and the House of Representatives'' and
inserting ``congressional defense committees'';
(3) in paragraph (2)(B)--
(A) in clause (i)--
(i) by inserting ``nonpermanent'' before ``reductions'';
and
(ii) by striking ``; or'' and inserting a semicolon;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following new clause
(ii):
``(ii) nonpermanent reductions that support the
reliability, credibility, testing, maintenance, or
certification of nuclear weapons delivery systems; or''; and
(4) by striking paragraph (3).
(c) Prevention of Asymmetry in Reductions.--Such section is
further amended by striking subsection (d).
SEC. 1533. MODIFICATIONS TO REQUIREMENTS RELATING TO
UNILATERAL CHANGES IN NUCLEAR WEAPONS STOCKPILE
OF THE UNITED STATES.
Section 498 of title 10, United States Code, is amended--
[[Page S8624]]
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) In General.--Other than pursuant to a treaty to which
the Senate has provided advice and consent pursuant to
section 2 of article II of the Constitution of the United
States, if the President has under consideration to
unilaterally change the size of the total stockpile of
nuclear weapons of the United States, or the total number of
deployed nuclear weapons (as defined under the New START
Treaty), by more than 15 percent, prior to doing so the
President shall initiate a Nuclear Posture Review.'';
(2) in subsection (c), by striking ``in the nuclear weapons
stockpile by more than 25 percent'' and inserting ``described
in subsection (a)'';
(3) in subsection (d), by striking ``treaty obligations''
and inserting ``obligations pursuant to a treaty to which the
Senate has provided advice and consent pursuant to section 2
of article II of the Constitution''; and
(4) by adding at the end the following:
``(f) New START Treaty Defined.--In this section, the term
`New START Treaty' means the Treaty between the United States
of America and the Russian Federation on Measures for the
Further Reduction and Limitation of Strategic Offensive Arms,
signed on April 8, 2010, and entered into force on February
5, 2011.''.
SEC. 1534. DEADLINE FOR REPORTS ON MODIFICATION OF FORCE
STRUCTURE FOR STRATEGIC NUCLEAR WEAPONS
DELIVERY SYSTEMS.
Section 493 of title 10, United States Code, is amended in
the first sentence by inserting after ``report on the
modification'' the following: ``not less than 180 days before
the intended effective date of the modification''.
SEC. 1535. MODIFICATION OF DEADLINE FOR NOTIFICATIONS
RELATING TO REDUCTION, CONSOLIDATION, OR
WITHDRAWAL OF NUCLEAR FORCES BASED IN EUROPE.
Section 497(b) of title 10, United States Code, is amended
by striking ``60 days'' and inserting ``120 days''.
SEC. 1536. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE
OF THE UNITED STATES.
(a) Establishment.--There is established in the legislative
branch a commission to be known as the ``Congressional
Commission on the Strategic Posture of the United States''
(in this section referred to as the ``Commission''). The
purpose of the Commission is to examine and make
recommendations to the President and Congress with respect to
the long-term strategic posture of the United States.
(b) Composition.--
(1) Membership.--The Commission shall be composed of 12
members appointed as follows:
(A) Three by the chairperson of the Committee on Armed
Services of the Senate.
(B) Three by the ranking minority member of the Committee
on Armed Services of the Senate.
(C) Three by the chairperson of the Committee on Armed
Services of the House of Representatives.
(D) Three by the ranking minority member of the Committee
on Armed Services of the House of Representatives.
(2) Qualifications.--
(A) In general.--In making appointments under paragraph
(1), the chairpersons and ranking minority members of the
Committees on Armed Services of the Senate and the House of
Representatives shall select members from among individuals
who--
(i) are United States citizens;
(ii) are not officers or employees of the Federal
Government or any State or local government; and
(iii) have received national recognition and have
significant depth of experience in such professions as
governmental service, law enforcement, the Armed Forces, law,
public administration, intelligence gathering, commerce
(including aviation matters), or foreign affairs.
(B) Political party affiliation.--Not more than 6 members
of the Commission may be appointed from the same political
party.
(3) Deadline for appointment.--
(A) In general.--All members of the Commission shall be
appointed under paragraph (1) not later than 45 days after
the date of the enactment of this Act.
(B) Effect of lack of appointments by appointment date.--If
one or more appointments under paragraph (1) is not made by
the date specified in subparagraph (A)--
(i) the authority to make such appointment or appointments
shall expire; and
(ii) the number of members of the Commission shall be
reduced by the number of appointments not made by that date.
(4) Chairperson; vice chairperson.--
(A) Chairperson.--The chairpersons of the Committees on
Armed Services of the Senate and the House of Representatives
shall jointly designate one member of the Commission to serve
as chairperson of the Commission.
(B) Vice chairperson.--The ranking minority members of the
Committees on Armed Services of the Senate and the House of
Representatives shall jointly designate one member of the
Commission to serve as vice chairperson of the Commission.
(5) Activation.--
(A) In general.--The Commission--
(i) may begin operations under this section on the date on
which not less than \2/3\ of the members of the Commission
have been appointed under paragraph (1); and
(ii) shall meet and begin the operations of the Commission
as soon as practicable after the date described in clause
(i).
(B) Subsequent meetings.--After its initial meeting, the
Commission shall meet upon the call of the chairperson or a
majority of its members.
(6) Quorum.--Eight members of the Commission shall
constitute a quorum.
(7) Period of appointment; vacancies.--Members of the
Commission shall be appointed for the life of the Commission.
A vacancy in the Commission does not affect the powers of the
Commission and shall (except as provided by paragraph (3)(B))
be filled in the same manner in which the original
appointment was made.
(8) Removal of members.--
(A) In general.--A member of the Commission may be removed
from the Commission for cause by the individual serving in
the position responsible for the original appointment of the
member under paragraph (1), provided that notice is first
provided to that official of the cause for removal, and
removal is voted and agreed upon by \3/4\ of the members of
the Commission.
(B) Vacancies.--A vacancy created by the removal of a
member of the Commission under subparagraph (A) does not
affect the powers of the Commission and shall be filled in
the same manner in which the original appointment was made.
(c) Duties.--
(1) Review.--The Commission shall conduct a review of the
strategic posture of the United States, including a strategic
threat assessment and a detailed review of nuclear weapons
policy, strategy, and force structure and factors affecting
the strategic stability of near-peer competitors of the
United States.
(2) Assessment and recommendations.--
(A) Assessment.--The Commission shall assess--
(i) the benefits and risks associated with the current
strategic posture and nuclear weapons policies of the United
States;
(ii) factors affecting strategic stability that relate to
the strategic posture; and
(iii) lessons learned from the findings and conclusions of
the Congressional Commission on the Strategic Posture of the
United States established by section 1062 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 319) and other previous commissions and
previous Nuclear Posture Reviews.
(B) Recommendations.--The Commission shall make
recommendations with respect to--
(i) the most appropriate strategic posture;
(ii) the extent to which capabilities other than nuclear
weapons can contribute to or detract from strategic
stability; and
(iii) the most effective nuclear weapons strategy for
strategic posture and stability.
(d) Report and Briefing Required.--
(1) In general.--Not later than December 31, 2022, the
Commission shall submit to the President and the Committees
on Armed Services of the Senate and the House of
Representatives a report on the Commission's findings,
conclusions, and recommendations.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) the recommendations required by subsection (c)(2)(B);
(B) a description of the military capabilities and force
structure necessary to support the nuclear weapons strategy
recommended under that subsection, including nuclear,
nonnuclear kinetic, and nonkinetic capabilities that might
support the strategy, and other factors that might affect
strategic stability;
(C) a description of the nuclear infrastructure (that is,
the size of the nuclear complex) required to support the
strategy and the appropriate organizational structure for the
nuclear security enterprise;
(D) an assessment of the role of missile defenses in the
strategy;
(E) an assessment of the role of cyber defense capabilities
in the strategy;
(F) an assessment of the role of space systems in the
strategy;
(G) an assessment of the role of nonproliferation programs
in the strategy;
(H) an assessment of the role of nuclear arms control in
the strategy;
(I) an assessment of the political and military
implications of the strategy for the United States and its
allies; and
(J) any other information or recommendations relating to
the strategy (or to the strategic posture) that the
Commission considers appropriate.
(3) Interim briefing.--Not later than 180 days after the
deadline for appointment of members of the Commission
specified in subsection (b)(3)(A), the Commission shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the status of the
review, assessments, and recommendations required by
subsection (c), including a discussion of any interim
recommendations.
(e) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
the Department of Defense, the National Nuclear Security
Administration, the Department of State, or the Office of the
Director of National Intelligence information, suggestions,
estimates, and statistics for the purposes of this section.
Each of such agency shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon receiving a
request made by--
(A) the chairperson of the Commission;
[[Page S8625]]
(B) the chairperson of any subcommittee of the Commission
created by a majority of members of the Commission; or
(C) any member of the Commission designated by a majority
of the Commission for purposes of making requests under this
paragraph.
(2) Receipt, handling, storage, and dissemination.--
Information, suggestions, estimates, and statistics provided
to the Commission under paragraph (1) may be received,
handled, stored, and disseminated only by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(f) Assistance From Federal Agencies.--In addition to
information, suggestions, estimates, and statistics provided
under subsection (e), departments and agencies of the United
States may provide to the Commission such services, funds,
facilities, staff, and other support services as those
departments and agencies may determine advisable and as may
be authorized by law.
(g) Compensation and Travel Expenses.--
(1) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the requirements relating to supervision under
subsection (a)(3) of such section, the members of the
commission shall be deemed to be Federal employees.
(2) Compensation.--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.
(3) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall 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.
(h) Staff.--
(1) Executive director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161(d) of title 5, United States
Code.
(2) Pay.--The Executive Director appointed under paragraph
(1) may, with the approval of the Commission, appoint and fix
the rate of basic pay for additional personnel as staff of
the Commission in accordance with section 3161(d) of title 5,
United States Code.
(i) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with
the provisions of section 3109 of title 5, United States
Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert
or consultant procured pursuant to paragraph (1) may not
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.
(j) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to
the extent funds are available.
(k) Authority to Accept Gifts.--
(1) In general.--The Commission may accept, use, and
dispose of gifts or donations of services, goods, and
property from non-Federal entities for the purposes of aiding
and facilitating the work of the Commission. The authority
under this paragraph does not extend to gifts of money.
(2) Documentation; conflicts of interest.--The Commission
shall document gifts accepted under the authority provided by
paragraph (1) and shall avoid conflicts of interest or the
appearance of conflicts of interest.
(3) Compliance with congressional ethics rules.--Except as
specifically provided in this section, a member of the
Commission shall comply with rules set forth by the Select
Committee on Ethics of the Senate and the Committee on Ethics
of the House of Representatives governing employees of the
Senate and the House of Representatives, respectively.
(l) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(m) Commission Support.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense
shall seek to enter into a contract with a federally funded
research and development center to provide appropriate staff
and administrative support for the activities of the
Commission.
(n) Expedition of Security Clearances.--The Office of
Senate Security and the Office of House Security shall ensure
the expedited processing of appropriate security clearances
for personnel appointed to the Commission by offices of the
Senate and the House of Representatives, respectively, under
processes developed for the clearance of legislative branch
employees.
(o) Legislative Advisory Committee.--The Commission shall
operate as a legislative advisory committee and shall not be
subject to the provisions of the Federal Advisory Committee
Act (5 U.S.C. App) or section 552b, United States Code
(commonly known as the ``Government in the Sunshine Act'').
(p) Funding.--Of the amounts authorized to be appropriated
by this Act for fiscal year 2022 for the Department of
Defense, up to $7,000,000 shall be made available to the
Commission to carry out its duties under this section. Funds
made available to the Commission under the preceding sentence
shall remain available until expended.
(q) Termination.--
(1) In general.--The Commission, and all authorities under
this section, shall terminate on the date that is 90 days
after the Commission submits the final report required by
subsection (d).
(2) Administrative actions before termination.--The
Commission may use the 90-day period described in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress with respect to
and disseminating the report required by subsection (d).
SEC. 1537. REVISED NUCLEAR POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to
clarify United States nuclear deterrence policy and strategy
for the near term, the Secretary of Defense, acting through
the Under Secretary of Defense for Policy and the Vice
Chairman of the Joint Chiefs of Staff, shall conduct a
comprehensive review of the nuclear posture of the United
States for the next 5 to 10 years. The Secretary shall
conduct the review in consultation with the Secretary of
Energy, the Secretary of State, and the Director of National
Intelligence.
(b) Elements of Review.--The nuclear posture review shall
include the following elements:
(1) An assessment of the current and projected nuclear
capabilities of the Russian Federation and the People's
Republic of China, and such other potential threats as the
Secretary considers appropriate to include.
(2) The role of nuclear forces in United States military
strategy, planning, and programming.
(3) The policy requirements and objectives for the United
States to maintain a safe, reliable, and credible nuclear
deterrence posture.
(4) The relationship among United States nuclear deterrence
policy, targeting strategy, and arms control objectives.
(5) The role that missile defenses, conventional strike
forces, and other capabilities play in determining the role
and size of nuclear forces.
(6) The levels and composition of the nuclear delivery
systems that will be required for implementing the United
States national and military strategy, including ongoing
plans for replacing existing systems.
(7) The nuclear weapons complex that will be required for
implementing the United States national and military
strategy, including ongoing plans to modernize the complex.
(8) The active and inactive nuclear weapons stockpile that
will be required for implementing the United States national
and military strategy, including ongoing plans for replacing
or modifying warheads.
(c) Report to Congress.--The Secretary of Defense shall
submit to Congress, in unclassified and classified forms as
necessary, a report on the results of the nuclear posture
review conducted under this section. The report shall be
submitted concurrently with the national defense strategy
required to be submitted under section 113(g) of title 10,
United States Code, in 2022.
SEC. 1538. GROUND-BASED STRATEGIC DETERRENT DEVELOPMENT
PROGRAM ACCOUNTABILITY MATRICES.
(a) In General.--Concurrent with the submission to Congress
of the budget of the President for fiscal year 2023 and each
fiscal year thereafter pursuant to section 1105(a) of title
31, United States Code, the Secretary of the Air Force shall
submit to the congressional defense committees and the
Comptroller General of the United States the matrices
described in subsection (b) relating to the ground-based
strategic deterrent weapon system.
(b) Matrices Described.--The matrices described in this
subsection are the following:
(1) Engineering and manufacturing development goals.--A
matrix that identifies, in six-month increments, key
milestones, development events, and specific performance
goals for the engineering and manufacturing development phase
of the ground-based strategic deterrent weapon system, which
shall be subdivided, at a minimum, according to the
following:
(A) Technology maturity, including technology readiness
levels of major components and key demonstration events
leading to technology readiness level 7 full maturity.
(B) Design maturity for the missile, weapon system command
and control, and ground systems.
(C) Software maturity, including key events and metrics.
(D) Manufacturing maturity, including manufacturing
readiness levels for critical manufacturing operations and
key demonstration events.
(E) The schedule with respect to the following:
(i) Ground-based strategic deterrent weapon system level
critical path events and margins.
(ii) Separate individual critical path events and margins
for each of the following major events:
[[Page S8626]]
(I) First flight.
(II) First functional test.
(III) Weapon system qualification.
(IV) Combined certifications.
(V) Operational weapon system article.
(VI) Initial operational capability.
(VII) Wing A completion.
(F) Personnel, including planned and actual staffing for
the program office and for contractor and supporting
organizations, including for testing, nuclear certification,
and civil engineering by the Air Force.
(G) Reliability, including growth plans and key milestones.
(2) Cost.--
(A) In general.--The following matrices relating to the
cost of the ground-based strategic deterrent weapon system:
(i) A matrix expressing, in six-month increments, the total
cost for the engineering and manufacturing development phase
and low rate initial production lots of the ground-based
strategic deterrent weapon system.
(ii) A matrix expressing the total cost for the prime
contractor's estimate for the engineering and manufacturing
development phase and production lots.
(B) Phasing and subdivision of matrices.--The matrices
described in clauses (i) and (ii) of subparagraph (A) shall
be--
(i) phased over the entire engineering and manufacturing
development period; and
(ii) subdivided according to the costs of the primary
subsystems in the ground-based strategic deterrent weapon
system work breakdown structure.
(c) Semi-annual Updates of Matrices.--Not later than 180
days after the date on which the Secretary submits the
matrices described in subsection (b) for a year as required
by subsection (a), the Secretary shall submit to the
congressional defense committees and the Comptroller General
updates to the matrices.
(d) Treatment of the First Matrices as Baseline.--
(1) In general.--The first set of matrices submitted under
subsection (a) shall be treated as the baseline for the full
engineering and manufacturing development phase and low rate
initial production of the ground-based strategic deterrent
weapon system program for purposes of updates submitted under
subsection (c) and subsequent matrices submitted under
subsection (a).
(2) Elements.--After the submission of the first set of
matrices required by subsection (a), each update submitted
under subsection (c) and each subsequent set of matrices
submitted under subsection (a) shall--
(A) clearly identify changes in key milestones, development
events, and specific performance goals identified in the
first set of matrices; and
(B) provide updated cost estimates.
(e) Assessment by Comptroller General of the United
States.--Not later than 60 days after receiving the matrices
described in subsection (b) for a year as required by
subsection (a), the Comptroller General shall assess the
acquisition progress made with respect to the ground-based
strategic deterrent weapon system and brief the congressional
defense committees on the results of that assessment.
(f) Termination.--The requirements of this section shall
terminate on the date that is one year after the ground-based
strategic deterrent weapon system achieves initial
operational capability.
SEC. 1539. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF 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) 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 funding table in section 4101, $10,000,000 shall be
available for the procurement of covered parts pursuant to
contracts entered into under subsection (a).
(c) 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.
SEC. 1540. MISSION-DESIGN SERIES POPULAR NAME FOR GROUND-
BASED STRATEGIC DETERRENT.
(a) Requirement.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of the Air Force, in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment, shall establish a mission-design
series popular name for the ground-based strategic deterrent,
consistent with the procedures set forth in Department of
Defense Directive 4120.15 (relating to designating and naming
military aerospace vehicles).
(b) Notification.--Not later than 10 days after completing
the requirement under subsection (a), the Secretary of the
Air Force shall notify the congressional defense committees
of the completion of the requirement.
SEC. 1541. B-21 RAIDER NUCLEAR CAPABILITY AND INTEGRATION
WITH LONG-RANGE STANDOFF WEAPON.
Not later than two years after declaration of initial
operational capability for the long-range standoff weapon,
the Secretary of the Air Force shall ensure that--
(1) all integration activities with the B-21 Raider are
completed; and
(2) the B-21 Raider will be operationally capable of
employing the long-range standoff weapon across all required
mission scenarios.
SEC. 1542. COMPTROLLER GENERAL STUDY AND UPDATED REPORT ON
NUCLEAR WEAPONS CAPABILITIES AND FORCE
STRUCTURE REQUIREMENTS.
(a) Comptroller General Study Required.--The Comptroller
General of the United States shall conduct a study on the
strategic nuclear weapons capabilities, force structure,
employment policy, and targeting requirements of the
Department of Defense.
(b) Matters Covered.--The study conducted under subsection
(a) shall, at minimum, consist of an update to the report of
the Comptroller General entitled ``Strategic Weapons: Changes
in the Nuclear Weapons Targeting Process Since 1991'' (GAO-
12-786R) and dated July 31, 2012, including covering any
changes to--
(1) how the Department of Defense has assessed threats and
modified its nuclear deterrence policy;
(2) targeting and employment guidance from the President,
the Secretary of Defense, the Chairman of the Joint Chiefs of
Staff, and the Commander of United States Strategic Command;
(3) nuclear weapons planning and targeting, including
categories and types of targets;
(4) strategic nuclear forces, including the stockpile,
force posture, and modernization;
(5) the level of civilian oversight;
(6) the relationship between targeting and requirements;
and
(7) any other matters considered appropriate by the
Comptroller General.
(c) Reporting.--
(1) Briefing on preliminary findings.--Not later than March
31, 2022, the Comptroller General shall provide to the
congressional defense committees a briefing on the
preliminary findings of the study conducted under subsection
(a).
(2) Final report.--The Comptroller General shall submit to
the congressional defense committees a final report on the
findings of the study conducted under subsection (a) at a
time agreed to by the Comptroller General and the
congressional defense committees at the briefing required by
paragraph (1).
(3) Form.--The briefing required by paragraph (1) may be
provided, and the report required by paragraph (2) may be
submitted, in classified form.
(d) Cooperation.--The Secretary of Defense and the
Secretary of Energy shall provide the Comptroller General
with full cooperation and access to appropriate officials,
guidance, and documentation for the purposes of conducting
the study required by subsection (a).
SEC. 1543. 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
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 State to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to the following activities:
(1) The maintenance, sustainment, or replacement of
intercontinental ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1544. LIMITATION ON USE OF FUNDS UNTIL COMPLETION OF
ANALYSIS OF ALTERNATIVES FOR NUCLEAR SEA-
LAUNCHED CRUISE MISSILE.
(a) In General.--Not more than 90 percent of the funds
authorized to be appropriated by this Act for fiscal year
2022 to the Office of the Under Secretary of Defense for
Policy, for the purposes of operating the Office of the
Assistant Secretary of Defense for Strategy, Plans, and
Capabilities, may be obligated or expended until the Under
Secretary provides a briefing to the congressional defense
committees on--
(1) the results of the analysis of alternatives for the
nuclear sea-launched cruise missile; and
(2) the analysis of the Director of Cost Assessment and
Program Evaluation of the adequacy of that analysis of
alternatives, conducted pursuant to section 139a(d)(4) of
title 10, United States Code.
(b) Report Required.--Not later than April 1, 2022, the
Chairman of the Nuclear Weapons Council, in coordination with
the Secretary of the Navy and the Administrator for Nuclear
Security, shall provide a briefing to the congressional
defense committees on the planned management structure for
the joint missile and warhead development program.
SEC. 1545. SENSE OF THE SENATE ON NATO SECURITY AND NUCLEAR
COOPERATION BETWEEN THE UNITED STATES AND THE
UNITED KINGDOM.
It is the sense of the Senate that--
(1) the United States strategic nuclear deterrent, and the
independent strategic nuclear deterrents of the United
Kingdom and
[[Page S8627]]
the French Republic, are the supreme guarantee of the
security of the North Atlantic Treaty Organization (commonly
referred to as ``NATO'') and continue to underwrite peace and
security for all members of the NATO alliance;
(2) the security of the NATO alliance also relies upon
nuclear sharing arrangements that predate, and are fully
consistent with, the Treaty on the Non-Proliferation of
Nuclear Weapons, done at Washington, London, and Moscow July
1, 1968, and entered into force March 5, 1960 (commonly
referred to as the ``Nuclear Non-Proliferation Treaty'');
(3) such arrangements provide for the forward deployment of
United States nuclear weapons in Europe, along with the
supporting capabilities, infrastructure, and dual-capable
aircraft dedicated to the delivery of United States nuclear
weapons, provided by European NATO allies;
(4) in parallel to the independent commitments of the
United States and the United Kingdom to the enduring security
of NATO, the nuclear programs of the United States and the
United Kingdom have enjoyed significant collaborative
benefits as a result of the cooperative relationship
formalized in the Agreement for Cooperation on the Uses of
Atomic Energy for Mutual Defense Purposes, signed at
Washington July 3, 1958, and entered into force August 4,
1958, between the United States and the United Kingdom
(commonly referred to as the ``Mutual Defense Agreement'');
(5) the unique partnership between the United States and
the United Kingdom has enhanced sovereign military and
scientific capabilities, strengthened bilateral ties, and
resulted in the sharing of costs;
(6) as the international security environment deteriorates
and potential adversaries expand and enhance their nuclear
forces, the extended deterrence commitments of the United
Kingdom play an increasingly important role in supporting the
security interests of the United States and allies of the
United States and the United Kingdom;
(7) additionally, the extension of the nuclear deterrence
commitments of the United Kingdom to members of the NATO
alliance strengthens collective security while reducing the
burden placed on United States nuclear forces to deter
potential adversaries and assure allies of the United States;
(8) it is in the national security interest of the United
States to support the United Kingdom with respect to the
decision of the Government of the United Kingdom to maintain
its nuclear forces to deter countries that are
``significantly increasing and diversifying their nuclear
arsenals'' and ``investing in novel nuclear technologies and
developing new `warfighting' nuclear systems'' that could
threaten NATO allies, as outlined in the March 2021 report of
the Government of the United Kingdom entitled, ``Global
Britain in a Competitive Age: The Integrated Review of
Security, Defence, Development and Foreign Policy'';
(9) as the United States continues to modernize its aging
nuclear forces to ensure its ability to continue to field a
nuclear deterrent that is safe, secure, and effective, the
United Kingdom faces a similar challenge;
(10) bilateral cooperation on such programs as the Trident
II D5 weapons system, the common missile compartment for the
future Dreadnought and Columbia classes of submarines, and
the parallel development of the W93/Mk7 warhead of the United
States and the replacement warhead of the United Kingdom,
will allow the United States and the United Kingdom to
responsibly address challenges within their legacy nuclear
forces in a cost-effective manner that--
(A) meets national requirements and preserves independent,
sovereign control;
(B) is consistent with each country's obligations under the
Nuclear Non-Proliferation Treaty; and
(C) supports nonproliferation objectives; and
(11) continued cooperation between the nuclear programs of
United States and the United Kingdom is essential to ensuring
that the NATO alliance continues to be supported by credible
nuclear forces capable of preserving peace, preventing
coercion, and deterring aggression.
SEC. 1546. SENSE OF THE SENATE ON MAINTAINING DIVERSITY IN
THE NUCLEAR WEAPONS STOCKPILE.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) in order to ensure adequate confidence in the
functionality of the United States nuclear weapons stockpile,
the National Nuclear Security Administration must maintain
sufficient diversity in the designs and types of nuclear
weapons it makes available to the Department of Defense;
(2) the Department of Defense should leverage that
diversity to field a force with an appropriate mix of
capabilities and technological distinctiveness to ensure that
the United States nuclear deterrent remains capable of
meeting military requirements, even during the unlikely event
of a technical issue that renders one particular type of
nuclear weapon temporarily or permanently unsuitable for
deployment; and
(3) accordingly, it is in the national security interest of
the United States to maintain no fewer than two distinct
types of deployed nuclear weapons per leg of the nuclear
triad in order to ensure that no potential adversary, nor
United States ally, doubts the continuing effectiveness of
the United States nuclear deterrent.
(b) Definitions.--In this section:
(1) Types of nuclear weapons.--The term ``type'', with
respect to nuclear weapons, means a unique configuration of
nuclear explosive packages contained within a warhead or
gravity bomb assembly.
(2) Nuclear triad.--The term ``nuclear triad'' means the
combination of platforms and delivery systems that comprise
the strategic nuclear forces of the United States, organized
by domain (known as a ``leg''), and consists of the
following:
(A) For the land leg, LGM-30G Minuteman III
intercontinental ballistic missiles, any associated reentry
vehicles, and the planned replacement systems for such
missiles and vehicles.
(B) For the sea leg, Ohio class fleet ballistic missile
submarines, UGM-133 Trident II submarine-launched ballistic
missiles, any associated reentry vehicles, and the planned
replacement systems for such submarines, missiles, and
vehicles.
(C) For the air leg, B-52H Stratofortress long-range heavy
bombers, B-2A Spirit stealth bombers, AGM-86B air-launched
cruise missiles, and the planned replacement systems for such
bombers and missiles.
SEC. 1547. SENSE OF THE SENATE ON GROUND-BASED STRATEGIC
DETERRENT.
(a) Findings.--Congress makes the following findings:
(1) The Minuteman III intercontinental ballistic missile in
service as of the date of the enactment of this Act was first
deployed in 1970, with a planned 10-year service life.
(2) The Minuteman III force will begin experiencing
attrition and age-related component degradation, resulting in
the number of available intercontinental ballistic missiles
falling below military requirement levels in the late 2020s.
(3) In a 2014 analysis of alternatives, the Air Force
concluded that replacing the Minuteman III missile would
provide necessary capabilities at lower cost when compared
with extending the service life of the Minuteman III missile.
(4) The Director of Cost Assessment and Program Evaluation
of the Department of Defense reviewed and validated the Air
Force's 2014 analysis of alternatives, stating, ``We
recommend moving expeditiously to a Milestone A decision to
ensure the timely fielding of the future capability.
Additionally, prompt action would demonstrate Air Force and
DOD commitment to the following: the nuclear mission to the
Airmen serving in the field; our allies relying on our
umbrella nuclear deterrent coverage; the American public who
has been following recent news reports; and the world at
large.''.
(5) In February, 2015, President Barack Obama's budget
requested $75,166,000 for a new program of record to develop
a replacement for the Minuteman III intercontinental
ballistic missile, named the ground-based strategic
deterrent.
(6) In connection with the decision to begin the ground-
based strategic deterrent program in 2015, the Department of
Defense did not undertake new engineering and production
efforts for components necessary to conduct a long-term life
extension of the current Minuteman system.
(7) General Timothy Ray, former Commander of Air Force
Global Strike Command, testified before the Subcommittee on
Strategic Forces of the Committee on Armed Services of the
Senate on May 12, 2021, that the most recent cost estimate
indicates that attempting a long-term life extension of the
Minuteman III system would--
(A) cost $38,000,000,000 more than the ground-based
strategic deterrent program;
(B) deliver a less-capable, less-secure, less-sustainable
system; and
(C) be unable to deliver life-extended systems in time to
offset age-related erosion of the Minuteman fleet, resulting
in ``a significant gap, in [intercontinental ballistic
missile] capability''.
(8) Since 2015, and during multiple presidential
administrations, Congress has authorized and appropriated
more than $2,800,000,000 to develop the ground-based
strategic deterrent.
(9) The ground-based strategic deterrent program has been
shown to be a cost-effective solution to maintain the land-
based leg of the nuclear triad.
(10) The ground-based strategic deterrent program has been
leading the efforts of the Department of Air Force at digital
engineering able to run millions of scenarios on the most
cost-effective design and government-owned baseline.
(11) The ground-based strategic deterrent will provide the
United States with a modern, reliable system capable of
meeting emergent challenges while lowering sustainment costs
and also improving safety and security.
(12) The Air Force's comprehensive approach to the ground-
based strategic deterrent will also address aging
infrastructure and modernize nuclear command and control
capabilities associated with the intercontinental ballistic
missile fleet, much of which remains predominantly unchanged
since the 1960s.
(13) The marked erosion of global security conditions and
continued increase in the quantity and quality of foreign
nuclear arsenals reinforces the need to modernize the United
States nuclear deterrent, including the land-based leg of the
nuclear triad.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) intercontinental ballistic missiles are a critical
component of the United States nuclear deterrent, providing
the ability to hedge between legs of the nuclear triad in
[[Page S8628]]
the case of a component-wide failure in another leg;
(2) the continued development of the ground-based strategic
deterrent system, and its eventual replacement of the
Minuteman III intercontinental ballistic missile, is needed
to maintain an effective intercontinental ballistic missile
capability into the future;
(3) ensuring the continued effectiveness of the United
States nuclear deterrent through modernization programs such
as the ground-based strategic deterrent may also increase
opportunities for effective arms control in the future by
enhancing the confidence of the United States in the
sustainability and effectiveness of each leg of the triad,
once replaced with modern equivalents; and
(4) it is in the national security interests of the United
States that the Department of Defense prioritize an effective
and cost-efficient execution of the ground-based strategic
deterrent program before the retirement of the Minuteman III
intercontinental ballistic missile in the mid-2030s.
Subtitle D--Missile Defense Programs
SEC. 1551. AUTHORITY TO DEVELOP AND DEPLOY NEXT GENERATION
INTERCEPTOR FOR MISSILE DEFENSE OF THE UNITED
STATES HOMELAND.
(a) Authority.--Subject to the availability of
appropriations, the Director of the Missile Defense Agency
may develop a highly reliable interceptor with volume-kill
capabilities for the Ground-based Midcourse Defense system
using sound acquisition practices, as outlined in the
Government Accountability Office report, ``Observations on
Ground-based Midcourse Defense Acquisitions Challenges and
Potential Contract Strategy Changes'' (GAO-21-135R),
including--
(1) emphasizing the use of high technology readiness level
components and software across the system to reduce program
risk;
(2) conducting critical parts testing of the Next
Generation Interceptor prior to the preliminary design review
in order to maximize reliability, producibility, and
manufacturability;
(3) commencing rigorous flight testing of the Next
Generation Interceptor when essential components reach a
technology readiness level of seven or higher;
(4) completing at least two successful intercept flight
tests before starting the first lot of production of the Next
Generation Interceptor; and
(5) to the maximum extent practicable, promoting industrial
base competition via the use of multiple vendors through the
Next Generation Interceptor program's critical design review
to maximize government return on investment.
(b) Plan.--If the Director exercises the authority provided
by subsection (a), the Director shall develop a funding plan
that includes funding lines across the future years defense
program for the Next Generation Interceptor that--
(1) produces and begins deployment of the Next Generation
Interceptor as early as practicable after the date on which
the Director completes carrying out the acquisition practices
described in subsection (a);
(2) includes acquiring at least 20 operational Next
Generation Interceptors to fill silos currently empty in the
ground-based interceptor inventory; and
(3) includes transition plans to replace the current
inventory of silo-based boosters with follow-on systems prior
to the end of their useful lifecycle.
(c) Report on Funding Profile.--The Director shall include
with the budget justification materials submitted to Congress
in support of the budget of the Department of Defense for
fiscal year 2023 (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) a report on the funding profile necessary for the Next
Generation Interceptor program to exercise the authority
provided by subsection (a).
(d) Congressional Notification of Cancellation
Requirement.--
(1) In general.--Not later than 30 days prior to any final
decision to cancel the Next Generation Interceptor program,
the Director shall brief the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives of such decision.
(2) Elements.--A briefing under paragraph (1) shall include
the following:
(A) A justification for the cancellation decision.
(B) An analysis of the national security risk being
accepted due to the cancellation decision.
SEC. 1552. ANNUAL RELIABILITY TESTING FOR THE NEXT GENERATION
INTERCEPTOR.
(a) Annual Flight Tests Required.--The Director of the
Missile Defense Agency shall--
(1) ensure that the Next Generation Interceptor program
establishes a process for conducting annual flight tests to
evaluate the reliability of the system after the system
reaches initial operational capability; and
(2) ensure that such annual reliability testing begins not
more than five years after declaration of initial operational
capability for the Next Generation Interceptor.
(b) Report.--Not later than the date of approval for the
Next Generation Interceptor program to enter the production
phase of its acquisition process, the Director of the Missile
Defense Agency shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report outlining estimated
annual costs for conducting annual, operationally relevant
flight testing to evaluate the reliability of the system
developed under such program, including associated production
costs for procuring sufficient flight systems to support such
testing for the projected life of the system.
(c) Waiver.--
(1) In general.--The Secretary of Defense may, on an annual
basis, waive the testing requirement in subsection (a), if
the Secretary determines that the conduct of such a test in a
given year will have an unacceptably adverse effect on the
operational readiness of the Ballistic Missile Defense
System.
(2) Notice.--If, pursuant to paragraph (1), the Secretary
waives the requirement in subsection (a), the Secretary
shall, not later than August 1 of each fiscal year in which a
test required by subsection (a) will not occur, submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a notice,
in writing, of such waiver.
SEC. 1553. NEXT GENERATION INTERCEPTOR DEVELOPMENT PROGRAM
ACCOUNTABILITY MATRICES.
(a) In General.--Concurrent with the submission to Congress
of the budget of the President for fiscal year 2023 and each
fiscal year thereafter pursuant to section 1105(a) of title
31, United States Code, the Director of the Missile Defense
Agency shall submit to the congressional defense committees
and the Comptroller General of the United States the matrices
described in subsection (b) relating to the Next Generation
Interceptor weapon system.
(b) Matrices Described.--The matrices described in this
subsection are the following:
(1) Technology and product development goals.--A matrix
that identifies, in six-month increments, key milestones,
development events, and specific performance goals for the
technology development phase and product development phase of
the Next Generation Interceptor weapon system, which shall be
subdivided, at a minimum, according to the following:
(A) Technology maturity, including technology readiness
levels of major interceptor components and key demonstration
events leading to full maturity.
(B) Design maturity, including key events and metrics, at
the interceptor all up round level and subsystem level and
for the ground system.
(C) Parts testing, including key events and metrics for
vetting parts and components through a parts, materials, and
processes mission assurance plan.
(D) Software maturity, including key events and metrics, at
the all up round level and subsystem level for the
interceptor and for the ground system.
(E) Manufacturing maturity, including manufacturing
readiness levels for critical manufacturing operations and
key demonstration events.
(F) Schedule, with respect to key program milestones,
critical path events, and margins.
(G) Reliability, including growth plans and key milestones.
(H) Testing and cybersecurity, including developmental and
operational ground and flight test planning, execution, and
evaluation.
(I) Any other technology and product development goals the
Director determines to be appropriate.
(2) Cost.--
(A) In general.--The following matrices relating to the
cost of the Next Generation Interceptor weapon system:
(i) A matrix expressing, in six-month increments, the total
cost for the technology development, product development, and
initial production phases.
(ii) A matrix expressing the total cost for each of the
contractors' estimates for the technology development,
product development, and initial production phases.
(B) Phasing and subdivision of matrices.--The matrices
described in clauses (i) and (ii) of subparagraph (A) shall
be--
(i) phased over the entire technology development, product
development, and initial production phases; and
(ii) subdivided according to the costs of the primary
subsystems in the next Generation Interceptor weapon system
work breakdown structure.
(3) Stakeholder and independent reviews.--A matrix that
identifies, in six-month increments, plans and status for
coordinating products and obtaining independent reviews for
the Next Generation Interceptor weapon system, which shall be
grouped by development phase and subdivided according to the
following:
(A) Performance requirements, including--
(i) coordinating, updating, and obtaining approval of the
top-level requirements document; and
(ii) coordinating system level performance attributes with
the Commander of United States Strategic Command.
(B) Intelligence inputs, processes, and products,
including--
(i) coordinating, updating, and validating the homeland
ballistic missile defense validated online lifecycle threat
with the Director of the Defense Intelligence Agency; and
(ii) coordinating and obtaining approval of a lifecycle
mission data plan.
(C) Independent assessments, including obtaining an initial
and updated--
(i) independent technical risk assessment;
(ii) independent cost estimate; and
(iii) capability and utility assessment.
(D) Models and simulations, including--
[[Page S8629]]
(i) obtaining accreditation of interceptor models and
simulations at both the all up round level and subsystem
level from the Ballistic Missile Defense Operational Test
Agency;
(ii) obtaining certification of threat models used for
interceptor ground test from the Ballistic Missile Defense
Operational Test Agency; and
(iii) obtaining accreditation from the Director of the
Defense Intelligence Agency on all threat models,
simulations, and associated data used to support interceptor
development.
(E) Capability transfer, including establishment of a
hybrid program office, lead military department designation,
and transfer agreement.
(F) Sustainability and obsolescence, including coordinating
and obtaining approval of a lifecycle sustainment plan.
(G) Cybersecurity, including coordinating and obtaining
approval of a cybersecurity strategy.
(c) Form.--The matrices submitted under subsection (b)
shall be in unclassified form, but may contain a classified
annex.
(d) Semiannual Updates of Matrices.--Not later than 180
days after the date on which the Director submits the
matrices described in subsection (b) for a year as required
by subsection (a), the Director shall submit to the
congressional defense committees and the Comptroller General
updates to the matrices.
(e) Treatment of the First Matrices as Baseline.--
(1) In general.--The first set of matrices submitted under
subsection (a) shall be treated as the baseline for the full
technology development, product development, and initial
production phases of the Next Generation Interceptor weapon
system program for purposes of updates submitted under
subsection (d) and subsequent matrices submitted under
subsection (a).
(2) Elements.--After the submission of the first set of
matrices required by subsection (a), each update submitted
under subsection (d) and each subsequent set of matrices
submitted under subsection (a) shall--
(A) clearly identify changes in key milestones, development
events, and specific performance goals identified in the
first set of matrices under subsection (b)(1);
(B) provide updated cost estimates under subsection (b)(2);
and
(C) provide updated plans and status under subsection
(b)(3).
(f) Assessment by Comptroller General of the United
States.--Not later than 60 days after receiving the matrices
described in subsection (b) for a year as required by
subsection (a), the Comptroller General shall assess the
acquisition progress made with respect to the Next Generation
Interceptor weapon system and brief the congressional defense
committees on the results of that assessment.
(g) Termination.--The requirements of this section shall
terminate on the date that is one year after the Next
Generation Interceptor weapon system achieves initial
production.
SEC. 1554. EXTENSION OF PERIOD FOR TRANSITION OF BALLISTIC
MISSILE DEFENSE PROGRAMS TO MILITARY
DEPARTMENTS.
Section 1676(b)(1) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431
note) is amended by striking ``the date on which the budget
of the President for fiscal year 2021 is submitted under
section 1105 of title 31, United States Code,'' and
inserting, ``October 1, 2023''.
SEC. 1555. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND
ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-
DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2022 for
procurement, Defense-wide, and available for the Missile
Defense Agency, not more than $108,000,000 may be provided to
the Government of Israel to procure components for the Iron
Dome short-range rocket defense system through co-production
of such components in the United States by industry of the
United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be
available subject to the terms and conditions in the
Agreement Between the Department of Defense of the United
States of America and the Ministry of Defense of the State of
Israel Concerning Iron Dome Defense System Procurement,
signed on March 5, 2014, as amended to include co-production
for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to the
implementation of such agreement; and
(iii) for system improvements resulting in modified Iron
Dome components and Tamir interceptor sub-components, a
certification that the Government of Israel has demonstrated
successful completion of Production Readiness Reviews,
including the validation of production lines, the
verification of component conformance, and the verification
of performance to specification as defined in the Iron Dome
Defense System Procurement Agreement, as further amended.
(b) Israeli Cooperative Missile Defense Program, David's
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2022 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $30,000,000 may be provided to
the Government of Israel to procure the David's Sling Weapon
System, including for co-production of parts and components
in the United States by United States industry.
(2) Agreement.--Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the
bilateral co-production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States
industry for the David's Sling Weapon System is not less than
50 percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge
points, technical milestones, and production readiness
reviews required by the research, development, and technology
agreement and the bilateral co-production agreement for the
David's Sling Weapon System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2022 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $62,000,000 may be provided to
the Government of Israel for the Arrow 3 Upper Tier
Interceptor Program, including for co-production of parts and
components in the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by the
research, development, and technology agreement for the Arrow
3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of co-
production of parts and components on the basis of the
greatest practicable co-production of parts, components, and
all-up rounds (if appropriate) by United States industry and
minimizes nonrecurring engineering and facilitization
expenses to the costs needed for co-production;
(ii) complete transparency on the requirement of Israel for
the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts and
components and procurement;
(iv) a joint affordability working group to consider cost
reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection
(b) and paragraph (2) of subsection (c), the Under Secretary
may submit--
(1) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor Program;
or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification and
assessment under subsection (b)(3) and the certification
under subsection (c)(2) no later than 30 days before the
funds specified in paragraph (1) of subsections (b) and (c)
for the respective system covered by the certification are
provided to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
[[Page S8630]]
(2) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1556. SEMIANNUAL UPDATES ON MEETINGS HELD BY THE MISSILE
DEFENSE EXECUTIVE BOARD.
(a) Semiannual Updates.--Not later than March 1 and
September 1 of each year, the Under Secretary of Defense for
Research and Engineering and the Under Secretary of Defense
for Acquisition and Sustainment, acting in their capacities
as co-chairmen of the Missile Defense Executive Board
pursuant to section 1681(c) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 2162), shall provide to the congressional
defense committees a semiannual update including, with
respect to the six-month period preceding the update--
(1) the dates on which the Board met; and
(2) except as provided by subsection (b), a summary of any
decisions made by the Board at each meeting of the Board and
the rationale for and options that informed such decisions.
(b) Exception for Certain Budgetary Matters.--The co-
chairmen shall not be required to include in a semiannual
update under subsection (a) the matters described in
paragraph (2) of such subsection with respect to decisions of
the Board relating to the budget of the President for a
fiscal year if the budget for that fiscal year has not been
submitted to Congress under section 1105 of title 31, United
States Code, as of the date of the semiannual update.
(c) Form of Update.--The co-chairmen may provide a
semiannual update under subsection (a) either in the form of
a briefing or a written report.
SEC. 1557. INDEPENDENT STUDY OF DEPARTMENT OF DEFENSE
COMPONENTS' ROLES AND RESPONSIBILITIES RELATING
TO MISSILE DEFENSE.
(a) Independent Study and Report.--
(1) Contract.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into a contract with the National Academy of Public
Administration (in this section referred to as the
``Academy'') for the Academy to perform the services covered
by this subsection.
(2) Study and report.--(A) Under an agreement between the
Secretary and the Academy under this subsection, the Academy
shall carry out an study regarding the roles and
responsibilities of the various components of the Department
of Defense as they pertain to missile defense.
(B) The study required by subparagraph (A) shall include
the following:
(i) A comprehensive assessment and analysis of existing
Department component roles and responsibilities for the full
range of missile defense activities, including establishment
of requirements, research and development, system
acquisition, and operations.
(ii) Identification of gaps in component capability of each
applicability component for performing its assigned missile
defense roles and responsibilities.
(iii) Identification of opportunities for deconflicting
mission sets, eliminating areas of unnecessary duplication,
reducing waste, and improving efficiency across the full
range of missile defense activities.
(iv) Development of a timetable for the implementation of
the opportunities identified under clause (iii).
(v) Development of recommendations for such legislative or
administrative action as the Academy considers appropriate
pursuant to carrying out clauses (i) through (iv).
(vi) Such other matters as the Secretary may require.
(C)(i) Not later than one year after the date on which the
Secretary and the Academy enter into a contract under
paragraph (1), the Academy shall submit to the Secretary and
the congressional defense committees a report on the study
conducted under subparagraph (A) of this paragraph.
(ii) The report submitted under clause (i) shall include
the findings of the Academy with respect to the study carried
out under subparagraph (A) and any recommendations the
Academy may have for legislative or administrative action
pursuant to such study.
(3) Alternate contract organization.--(A) If the Secretary
is unable within the time period prescribed in paragraph (1)
to enter into an agreement described in such paragraph with
the Academy on terms acceptable to the Secretary, the
Secretary shall seek to enter into such an agreement with
another appropriate organization that--
(i) is not part of the Government;
(ii) operates as a not-for-profit entity; and
(iii) has expertise and objectivity comparable to that of
the Academy.
(B) If the Secretary enters into an agreement with another
organization as described in subparagraph (A), any reference
in this subsection to the Academy shall be treated as a
reference to the other organization.
(b) Report by Secretary of Defense.--Not later than 120
days after the date on which the report is submitted pursuant
to subsection (a)(2)(C), the Secretary shall submit to the
congressional defense committees a report on the views of the
Secretary on the findings and recommendations set forth in
the report submitted under such subsection, together with
such recommendations as the Secretary may have for changes in
the structure, functions, responsibilities, and authorities
of the Department.
TITLE XVI--CYBERSPACE-RELATED MATTERS
SEC. 1601. MATTERS CONCERNING CYBER PERSONNEL REQUIREMENTS.
(a) In General.--The Secretary of Defense shall--
(1) determine the overall workforce requirement of the
Department of Defense for cyber and information operation
military personnel across the active and reserve components
of the Armed Forces (other than the Coast Guard) and for
civilian personnel, and in doing so shall--
(A) consider personnel in positions securing the Department
of Defense Information Network and associated enterprise
information technology, defense agencies and field
activities, and combatant commands, including current billets
primarily associated with the information environment and
cyberspace domain and projected future billets;
(B) consider the mix between military and civilian
personnel, active and reserve components, and the use of the
National Guard;
(C) develop a workforce development plan that covers
accessions, training, and education; and
(D) consider such other elements as the Secretary
determines appropriate;
(2) assess current and future general information warfare
and cyber education curriculum and requirements for military
and civilian personnel, including--
(A) acquisition personnel;
(B) accessions and recruits to the military services;
(C) cadets and midshipmen at the military service academies
and enrolled in the Senior Reserve Officers' Training Corps;
(D) information environment and cyberspace military and
civilian personnel; and
(E) non-information environment and cyberspace military and
civilian personnel;
(3) identify appropriate locations for information warfare
and cyber education for military and civilian personnel,
including--
(A) the military service academies;
(B) the educational institutions described in section
2151(b) of title 10, United States Code;
(C) the Air Force Institute of Technology;
(D) the National Defense University;
(E) the Joint Special Operations University;
(F) any other military educational institution of the
Department specified by the Secretary for purposes of this
section;
(G) the Cyber Centers of Academic Excellence certified
jointly by the National Security Agency and the Department of
Homeland Security; and
(H) potential future educational institutions of the
Federal Government, including an assessment, in consultation
with the Secretary of Homeland Security and the National
Cyber Director, of the feasibility and advisability of a
National Cyber Academy or similar institute created for the
purpose of educating and training civilian and military
personnel for service in cyber, information, and related
fields throughout the Federal Government; and
(4) determine--
(A) whether the cyberspace domain and information warfare
mission requires a graduate-level professional military
education college on par with and distinct from the war
colleges for the Army, Navy, and Air Force in effect on the
day before the date of the enactment of this Act;
(B) whether such a college should be joint; and
(C) where it should be located.
(b) Report Required.--Not later than November 1, 2022, the
Secretary shall provide the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a briefing and, not later than Jan 1,
2023, the Secretary shall submit to such committees a report
on--
(1) the findings of the Secretary in carrying out
subsection (a);
(2) an implementation plan to achieve future information
warfare and cyber education requirements at appropriate
locations;
(3) such recommendations as the Secretary may have for
personnel needs in information warfare and the cyberspace
domain; and
(4) such legislative or administrative action as the
Secretary identifies as necessary to effectively meet cyber
personnel requirements.
(c) Education Defined.--The term ``education'' includes
formal education requirements, such as degrees and
certification in targeted subject areas, but also general
training, including--
(1) reskilling;
(2) knowledge, skills, and abilities; and
(3) nonacademic professional development.
SEC. 1602. CYBER DATA MANAGEMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Principal Cyber Advisor to the Secretary of
Defense, and the Chief Information Officer of the Department
of Defense shall--
(1) develop a strategy and plan to access and utilize data
associated with the Department of Defense Information Network
enterprise that can support offensive and defensive cyber
operations from components of the Department other than the
Cyber Mission Forces, such as the National Security Agency,
counterintelligence components of the Department, and
cybersecurity service providers;
(2) develop processes or operating procedures governing the
ingest, structuring, and storage of intelligence data, cyber
threat information and Department of Defense Information
Network sensor, tool, routing infrastructure, and endpoint
data in Big Data
[[Page S8631]]
Platform instances, relevant Cyber Operations Force systems,
relevant United States Cyber Command commercial cloud
enclaves, and other Department of Defense data lakes
containing information pertinent to United States Cyber
Command missions; and
(3) develop a strategy for piloting efforts, development of
operational workflows and tactics, techniques, and procedures
for the operational use of mission data by the Cyber
Operations Force.
(b) Roles and Responsibilities.--Not later than 270 days
after the date of the enactment of this Act, the Secretary of
Defense, acting through the Principal Cyber Advisor to the
Secretary, the Commander of United States Cyber Command, and
the Secretaries of the military departments, shall establish
the specific roles and responsibilities of the following in
implementing each of the tasks required by subsection (a):
(1) The United States Cyber Command.
(2) Program offices responsible for the components of the
Joint Cyber Warfighting Architecture.
(3) The military services.
(4) The Department of Defense Chief Information Officer and
Chief Data Officer.
(5) Any other program office, headquarters element, or
operational component newly instantiated or deemed relevant
by the Secretary.
(c) Briefing.--Not later than 300 days after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on the roles and
responsibilities established under subsection (b).
SEC. 1603. ASSIGNMENT OF CERTAIN BUDGET CONTROL
RESPONSIBILITIES TO COMMANDER OF UNITED STATES
CYBER COMMAND.
(a) Assignment of Responsibilities.--
(1) In general.--The Commander of United States Cyber
Command shall, subject to the authority, direction, and
control of the Principal Cyber Advisor of the Department of
Defense, be responsible for directly controlling and managing
the planning, programming, budgeting, and execution of the
resources to train, equip, operate, and sustain the Cyber
Mission Forces.
(2) Effective date and applicability.--Paragraph (1) shall
take effect on January 1, 2022, for control over budget
execution, and shall apply with respect to planning,
programming, budgeting, and execution of resources for fiscal
year 2024 and each fiscal year thereafter.
(b) Elements.--
(1) In general.--The responsibilities assigned to the
Commander by subsection (a)(1) shall include the following:
(A) Preparation of a program objective memorandum and
budget estimate submission for the resources required to
train, equip, operate, and sustain the Cyber Mission Forces.
(B) Preparation of budget materials pertaining to United
States Cyber Command for inclusion in the budget
justification materials that are submitted to Congress in
support of the Department of Defense budget for a fiscal year
(as submitted with the budget of the President for a fiscal
year under section 1105(a) of title 31, United States Code)
that is separate from any other military service or component
of the Department.
(2) Responsibilities not delegated.--The responsibilities
assigned to the Commander by subsection (a)(1) shall not
include the following:
(A) Military pay and allowances.
(B) Funding for facility support that is provided by the
military services.
(c) Implementation Plan.--
(1) In general.--Not later than the date that is 30 days
after the date of the enactment of this Act, the Comptroller
of the Department of Defense and the Commander of United
States Cyber Command, in coordination with Chief Information
Officer of the Department, the Principal Cyber Advisor, the
Under Secretary of Defense for Acquisition and Sustainment,
Cost Assessment and Program Evaluation, and the Secretaries
of the military departments, shall jointly develop an
implementation plan for the transition of responsibilities
assigned by subsection (a)(1).
(2) Elements.--The implementation plan developed under
paragraph (1) shall include the following:
(A) A budgetary review to identify appropriate resources
for transfer to the Commander of United States Cyber Command
for carrying out responsibilities assigned by subsection
(a)(1).
(B) Definition of appropriate roles and responsibilities.
(C) Specification of all program elements and subelements,
and the training, equipment, Joint Cyber Warfighting
Architecture capabilities, other enabling capabilities and
infrastructure, intelligence support, operations, and
sustainment investments in each program element and
subelement, for which the Commander of United States Cyber
Command is responsible.
(D) Specification of all program elements and subelements,
and the training, equipment, Joint Cyber Warfighting
Architecture capabilities, other enabling capabilities and
infrastructure, intelligence support, operations, and
sustainment investments in each program element and
subelement, relevant to or that support the Cyber Mission
Force for which the Secretaries of the military departments
are responsible.
(E) Required levels of civilian and military staffing
within the United States Cyber Command to execute proper
planning, programming, budgeting, and execution of the
responsibilities assigned by subsection (a)(1), and an
estimate of when such levels of staffing will be achieved.
(d) Briefing.--
(1) In general.--Not later than the earlier of the date on
which the implementation plan required by subsection (c) is
completed and the date that is 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
the congressional defense committees a briefing on the
implementation plan.
(2) Elements.--The briefing required by paragraph (1) shall
address any recommendations for when and how the Secretary of
Defense should delegate to the Commander of United States
Cyber Command budget authority for Cyber Operations Forces,
as stated in section 167b(d)(2) of title 10, United States
Code, after successful implementation of budget authority for
the Cyber Mission Forces.
SEC. 1604. COORDINATION BETWEEN UNITED STATES CYBER COMMAND
AND PRIVATE SECTOR.
(a) Voluntary Process.--Not later than January 1, 2023, the
Commander of United States Cyber Command shall establish a
voluntary process to engage with commercial information
technology and cybersecurity companies to explore and develop
methods and plans through which the capabilities, knowledge,
and actions of--
(1) companies operating inside the United States to defend
against foreign malicious cyber actors could assist or be
coordinated with the actions of Cyber Command operating
outside the United States against the same foreign malicious
cyber actors; and
(2) Cyber Command operating outside the United States
against foreign malicious cyber actors could assist or be
coordinated with the actions of companies operating inside
the United States against the same foreign malicious cyber
actors.
(b) Annual Briefing.--
(1) In general.--During the period beginning on March 1,
2022, and ending on March 1, 2026, the Commander shall, not
less frequently than once each year, provide to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a briefing on the
status of activities conducted under subsection (a).
(2) Elements.--Each briefing provided under paragraph (1)
shall include the following:
(A) Such recommendations for legislative or administrative
action as the Commander considers appropriate to improve and
facilitate the planning activities conducted under subsection
(a).
(B) Such recommendations as the Commander may have for
increasing private sector participation in the planning
activities conducted under subsection (a).
(C) A description of the challenges encountered in carrying
out subsection (a), including any concerns expressed to the
Commander by private sector partners regarding participation
in the planning activities under such subsection.
(D) A description of any improvements resulting from the
planning activities conducted in subsection (a).
(E) Such other matters as the Commander considers
appropriate.
(c) Protection of Trade Secrets and Proprietary
Information.--The Commander shall ensure that any trade
secret or proprietary information of a company engaged with
the Department through the process established under
subsection (a) that is made known to the Department pursuant
to such process remains private and protected unless
otherwise explicitly authorized by the company.
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize United States Cyber Command to conduct
operations inside the United States or for private sector
entities to conduct offensive cyber activities outside the
United States, except to the extent such operations or
activities are permitted by a provision of law in effect on
the day before the date of the enactment of this Act.
SEC. 1605. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS WITH
INTERNET ECOSYSTEM COMPANIES TO DETECT AND
DISRUPT ADVERSARY CYBER OPERATIONS.
(a) Pilot Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
establish and commence a pilot program to assess the
feasibility and advisability of entering into public-private
partnerships with internet ecosystem companies to facilitate
actions by such companies to discover and disrupt use of the
platforms, systems, services, and infrastructure of such
companies by malicious cyber actors.
(b) Public-private Partnerships.--
(1) In general.--Under the pilot program required by
subsection (a), the Secretary shall seek to enter into one or
more public-private partnerships with internet ecosystem
companies to facilitate actions as described in subsection
(a).
(2) Voluntary participation.--Participation by an internet
ecosystem company in a public-private partnership under the
pilot program shall be voluntary.
(c) Authorized Activities.--In establishing and conducting
the pilot program under subsection (a), the Secretary may--
(1) provide assistance to a participating company in
developing effective know-your-customer processes and
requirements;
[[Page S8632]]
(2) provide information, analytics, and technical
assistance to improve the ability of participating companies
to detect and prevent illicit or suspicious procurement,
payment, and account creation;
(3) develop and socialize best practices for the
collection, retention, and sharing of data by participating
companies to support discovery of malicious cyber activity,
investigations, and attribution;
(4) provide timely information to participating companies,
such as foreign actor technical persona identification
details, information about ongoing operations and
infrastructure, and indicators of compromise, to enable such
companies to detect and disrupt the use of their platforms,
systems, services, and infrastructure by malicious cyber
actors;
(5) facilitate development of threat-sharing, information-
exchange, and data pooling and analysis arrangements among
participating companies such that individual companies or
trusted third parties, such as cybersecurity nonprofit
organizations or information-sharing and analysis centers,
can correlate relevant data and indicators, as described in
paragraph (3), across platforms, systems, services, and
infrastructure;
(6) provide recommendations for and assist in the
development and institution of operational workflows,
assessment and compliance practices, and training that
participating companies can institute reliably to detect and
disrupt the use of their platforms, systems, services, and
infrastructure by malicious cyber actors;
(7) accelerate to the greatest extent possible, the
automation of existing or instituted operational workflows to
operate at line-rate in order to enable real-time mitigation
without the need for manual review or action;
(8) provide recommendations for and assist in the
development of technical capabilities to enable participating
companies to collect and analyze data on activities occurring
on their platforms, systems, services, and infrastructure to
detect and disrupt operations of malicious cyber actors; and
(9) provide recommendations regarding relevant mitigations
for suspected or discovered malicious cyber activity and
thresholds for action.
(d) Competition Concerns.--The Secretary shall ensure that
any trade secret or proprietary information of a
participating company made known to the Department of Defense
pursuant to a public-private partnership under the pilot
program remains private and protected unless explicitly
authorized by the participating company.
(e) Impartiality.--In carrying out the pilot program under
subsection (a), the Secretary shall not take any action that
is intended primarily to advance the particular business
interests of a given company but are otherwise authorized to
take actions that advance the interests of the United States,
notwithstanding differential impact or benefit to a given
company's or given companies' business interests.
(f) Participation of Other Federal Government Components.--
The Secretary may invite to participate in the pilot program
required by subsection (a) the heads of such departments or
agencies as the Secretary considers appropriate.
(g) Limitation on Government Access to Data.--The Secretary
shall ensure that Government officials involved in the pilot
program have access to information authorized to be shared
with the Federal Government pursuant to the Cybersecurity
Information Sharing Act of 2015 (Public Law 114-113; 6 U.S.C.
1501 et seq.).
(h) Briefings.--
(1) Initial.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall brief
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
on the pilot program and the plans for the conduct of the
pilot program under subsection (a).
(2) Follow-up.--Not later than 540 days after the date of
the enactment of this Act, the Secretary shall brief the
committees described in paragraph (1) on the progress of the
pilot program conducted under subsection (a), the projected
end date of the pilot program, and the findings of the
Secretary with respect to the feasibility and advisability of
extending or expanding the pilot program.
(i) Definitions.--In this section:
(1) The term ``internet ecosystem company'' means a
business incorporated in the United States that provide
cybersecurity services, internet service, content delivery
services, Domain Name Service, cloud services, mobile
telecommunications services, email and messaging services,
internet browser services, or such other services as the
Secretary determines appropriate for the purposes of the
pilot program required by subsection (a).
(2) The term ``participating company'' means an internet
ecosystem company that has entered into a public-private
partnership with the Secretary under subsection (b).
SEC. 1606. ZERO TRUST STRATEGY, PRINCIPLES, MODEL
ARCHITECTURE, AND IMPLEMENTATION PLANS.
(a) Zero Trust Strategy, Principles, and Model Architecture
Required.--Not later than 270 days after the date of the
enactment of this Act, the Chief Information Officer of the
Department of Defense and the Commander of Joint Forces
Headquarters-Department of Defense Information Network shall
jointly develop a zero trust strategy, principles, and a
model architecture to be implemented across the Department of
Defense Information Network, including classified networks,
operational technology, and weapon systems.
(b) Strategy, Principles, and Model Architecture
Elements.--The zero trust strategy, principles, and model
architecture required under subsection (a) shall include, at
a minimum, the following elements:
(1) Prioritized policies and procedures for establishing
implementations of mature zero trust enabling capabilities
within on-premises, hybrid, and pure cloud environments,
including access control policies that determine which
persona or device shall have access to which resources and
the following:
(A) Identity, credential, and access management.
(B) Macro and micro network segmentation, whether in
virtual, logical, or physical environments.
(C) Traffic inspection.
(D) Application security and containment.
(E) Transmission, ingest, storage, and real-time analysis
of cybersecurity metadata endpoints, networks, and storage
devices.
(F) Data management, data rights management, and access
controls.
(G) End-to-end encryption.
(H) User access and behavioral monitoring, logging, and
analysis.
(I) Data loss detection and prevention methodologies.
(J) Least privilege, including system or network
administrator privileges.
(K) Endpoint cybersecurity, including secure host, endpoint
detection and response, and comply-to-connect requirements.
(L) Automation and orchestration.
(M) Configuration management of virtual machines, devices,
servers, routers, and similar to be maintained on a single
virtual device approved list (VDL).
(2) Policies specific to operational technology, critical
data, infrastructures, weapon systems, and classified
networks.
(3) Specification of enterprise-wide acquisitions of
capabilities conducted or to be conducted pursuant to those
policies.
(4) Specification of standard zero trust principles
supporting reference architectures and metrics-based
assessment plan.
(5) Roles, responsibilities, functions, and operational
workflows of zero trust cybersecurity architecture and
information technology personnel--
(A) at combatant commands, military services, and defense
agencies; and
(B) Joint Forces Headquarters-Department of Defense
Information Network.
(c) Architecture Development and Implementation.--In
developing and implementing the zero trust principles and
model architecture required under subsection (a), the Chief
Information Officer and the Commander shall--
(1) coordinate with--
(A) the Principal Cyber Advisor to the Secretary of
Defense;
(B) military departments and defense agencies;
(C) the Director of the National Security Agency
Cybersecurity Directorate;
(D) the Director of the Defense Advanced Research Projects
Agency;
(E) the Chief Information Officers of each military
service;
(F) the Commanders of the cyber components of the military
services;
(G) the Principal Cyber Advisors of each military service;
and
(H) the Chairman of the Joints Chiefs of Staff;
(2) assess the utility of the Joint Regional Security
Stacks, automated continuous endpoint monitoring program,
assured compliance assessment solution, and each of the
defenses at the Internet Access Points for their relevance
and applicability to the zero trust architecture and
opportunities for integration or divestment;
(3) employ all available resources to include online
training, leveraging commercially available zero trust
training material, and other Federal agency training where
feasible, to implement cybersecurity training on zero trust
at the--
(A) executive level;
(B) cybersecurity professional or implementer level; and
(C) general knowledge levels for Department of Defense
users;
(4) facilitate cyber protection team and cybersecurity
service provider threat hunting and discovery of novel
adversary activity;
(5) assess and implement means to effect Joint Force
Headquarters-Department of Defense Information Network's
automated command and control of the entire Department of
Defense Information Network;
(6) assess the potential of and, as appropriate, encourage
use of third-party cybersecurity-as-a-service models;
(7) engage with and conduct outreach to industry, academia,
international partners, and other departments and agencies of
the Federal Government on issues relating to deployment of
zero trust architectures;
(8) assess the current Comply-to-Connect Plan; and
(9) review past and conduct additional pilots to guide
development, including--
(A) utilization of networks designated for testing and
accreditation under section 1658 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2224 note);
(B) use of automated red team products for assessment of
pilot architectures; and
(C) accreditation of piloted cybersecurity products for
enterprise use in line with the
[[Page S8633]]
findings on enterprise accreditation standards as performed
under section 1654 of such Act (133 Stat. 1764; Public Law
116-92).
(d) Implementation Plans.--
(1) In general.--No later than one year after the
finalization of the model zero trust principles and
architecture required under subsection (a), the head of each
military department and the head of each component of the
Department of Defense shall transmit to the Chief Information
Officer of the Department and the Commander of Joint Forces
Headquarters-Department of Defense Information Network a
draft plan to implement such zero trust strategy, principles,
and model architecture across the networks of their
respective components and military department.
(2) Elements.--Each implementation plan transmitted under
paragraph (1) shall include, at a minimum, the following:
(A) Specific acquisitions, implementations,
instrumentations, and operational workflows to be
implemented, across unclassified and classified networks,
operational technology, and weapon systems.
(B) A detailed schedule with target milestones and required
expenditures.
(C) Interim and final metrics, including a phase migration
plan.
(D) Identification of additional funding, authorities, and
policies, as may be required.
(E) Requested waivers, exceptions to Department of Defense
policy, and expected delays.
(3) Limitation on procurement.--A head described in
paragraph (1) who transmits a plan under such paragraph may
not procure any hardware or software pursuant to such plan
until the Chief Information Office and the Commander both
certify that the plan complies with Department
interoperability needs, the Department zero trust reference
architecture, and redundancy, resiliency, and federation
requirements of the Department.
(e) Implementation Oversight.--
(1) In general.--The Chief Information Officer shall--
(A) assess the implementation plans submitted under
subsection (d)(1) for adequacy and responsiveness to the
principles and model architecture required by subsection (a);
(B) assess such implementation plans and their institution
for appropriate use of enterprise-wide acquisitions;
(C) ensure, at a high level, the interoperability and
compatibility of individual components' Solutions
Architectures to include the leveraging of enterprise
capabilities where appropriate through standards derivation,
policy and, reviews;
(D) use the annual investment guidance of the Chief to
ensure appropriate implementation, including appropriate use
of enterprise-wide acquisitions;
(E) track use of waivers and exceptions to policy;
(F) use the Cybersecurity Scorecard to track and drive
implementation of Department components; and
(G) leverage the authorities of the Commander of Joint
Forces Headquarters-Department of Defense Information Network
and the Director of the Defense Information Systems Agency to
begin implementation of the zero trust strategy, principles,
and model architecture developed under subsection (a).
(2) Assessments of funding.--Not later than March 31, 2024,
and annually thereafter, each Principal Cyber Advisor of a
military service shall include in the annual budget
certification of the military service, as required by section
1657(d) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 391 note), an
assessment of the adequacy of funding requested for each
proposed budget for the purposes of carrying out the zero
trust implementation plan for the military service developed
in subsection (d).
(f) Initial Briefings.--
(1) Briefings on model architecture.--Not later than 90
days after finalizing the model zero trust principles and
architecture required by subsection (a), the Chief
Information Officer of the Department and the Commander of
Joint Forces Headquarters-Department of Defense Information
Network shall provide a briefing to the congressional defense
committees on such strategy, principles, and model
architecture.
(2) Briefings on implementation plans.--No later than 90
days after the Department of Defense Chief Information
Officer's receipt of an implementation plan required under
subsection (d), the secretary of a military department, in
the case of an implementation plan pertaining to a military
department or a military service, or the Chief Information
Officer of the Department, in the case of an implementation
plan pertaining to a remaining component of the Department,
as the case may be, shall each provide a briefing to the
congressional defense committees on the implementation plan.
(g) Annual Briefings.--Effective February 1, 2022, at each
of the annual cybersecurity budget review briefings of the
Chief Information Officer of the Department and the military
services for congressional staff until January 1, 2030, the
Chief and the head of each of the military services shall
provide updates on the implementation of the zero trust
architecture in their respective networks.
SEC. 1607. DEMONSTRATION PROGRAM FOR AUTOMATED SECURITY
VALIDATION TOOLS.
(a) Demonstration Program Required.--Not later than October
1, 2024, the Chief Information Officer of the Department of
Defense shall, acting through the Director of the Defense
Information Systems Agency, complete a demonstration program
to demonstrate and assess an automated security validation
capability to assist the Department of Defense by--
(1) mitigating cyber hygiene challenges;
(2) supporting ongoing efforts of the Department to assess
weapon system resiliency;
(3) quantifying enterprise security effectiveness of
enterprise security controls, to inform future acquisition
decisions of the Department;
(4) assisting portfolio managers with balancing capability
costs and capability coverage of the threat landscape; and
(5) supporting the Department of Defense Cybersecurity
Analysis and Review threat framework.
(b) Considerations.--In developing capabilities for the
demonstration program required by subsection (a), the Chief
Information Officer shall consider--
(1) integration of advanced commercially available threat
intelligence;
(2) metrics and scoring of security controls;
(3) cyber analysis, cyber campaign tracking, and
cybersecurity information sharing;
(4) integration of security instrumentation and testing
capability into cybersecurity enclaves and existing
cybersecurity controls;
(5) endpoint sandboxing; and
(6) use of actual adversary attack methodologies.
(c) Coordination With Military Services.--In carrying out
the demonstration program required by subsection (a), the
Chief Information Officer shall, acting through the Director
of the Defense Information Systems Agency, coordinate
demonstration program activities with complementary efforts
on-going within the military services, defense agencies, and
field agencies.
(d) Independent Capability Assessment.--In carrying out the
demonstration program required by subsection (a), the Chief
Information Officer shall, acting through the Director of the
Defense Information Systems Agency and in coordination with
the Director, Operational Test and Evaluation, perform
operational testing to evaluate the operational
effectiveness, suitability, and cybersecurity of the
capabilities developed under the demonstration program.
(e) Briefing.--
(1) Initial briefing.--Not later than April 1, 2022, the
Chief Information Officer shall brief the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives on the plans and status of the
Chief Information Officer with respect to the demonstration
program required by subsection (a).
(2) Final briefing.--Not later than October 1, 2024, the
Chief Information Officer shall brief the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives on the results and findings of
the Chief Information Officer with respect to the
demonstration program required by subsection (a).
SEC. 1608. IMPROVEMENTS TO CONSORTIUM OF UNIVERSITIES TO
ADVISE SECRETARY OF DEFENSE ON CYBERSECURITY
MATTERS.
(a) In General.--Section 1659 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 391 note) is amended--
(1) in subsection (a), in the matter before paragraph (1),
by striking ``one or more consortia'' and inserting ``a
consortium''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Designation of administrative chair.--The Secretary
of Defense shall designate the National Defense University
College of Information and Cyberspace to function as the
administrative chair of the consortium established under
subsection (a).''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a)(1), by striking ``or consortia'';
(2) in subsection (b), by striking ``or consortia'';
(3) in subsection (c)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(C) in paragraph (2), as redesignated by subparagraph (B)--
(i) in the matter before subparagraph (A)--
(I) by striking ``Each administrative'' and inserting ``The
administrative''; and
(II) by striking ``a consortium'' and inserting ``the
consortium''; and
(ii) in subparagraph (A), by striking ``for the term
specified by the Secretary under paragraph (1)'';
(D) by amending paragraph (3), as redesignated by
subparagraph (B), to read as follows:
``(3) Executive committee.--The Secretary, in consultation
with the administrative chair, may form an executive
committee for the consortium that is comprised of
representatives of the Federal Government to assist the chair
with the management and functions of the consortium.''; and
(4) by amending subsection (d) to read as follows:
``(d) Consultation.--The Secretary shall meet with such
members of the consortium as the Secretary considers
appropriate, not less frequently than twice each year or at
such periodicity as is agreed to by the Secretary and the
consortium.''.
[[Page S8634]]
SEC. 1609. QUARTERLY REPORTS ON CYBER OPERATIONS.
(a) In General.--Section 484 of title 10, United States
Code is amended--
(1) in the section heading, by inserting ``and reports''
after ``briefings'';
(2) in subsection (a)--
(A) by inserting ``and Reports'' after ``Briefings''; and
(B) by inserting ``, and submit to the congressional
defense committees a report on,'' after ``briefings on''; and
(3) in subsection (b), in the matter before paragraph (1),
by inserting ``and report'' after ``Each briefing''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by striking
the item relating to section 484 and inserting the following
new item:
``484. Quarterly cyber operations briefings and reports.''.
SEC. 1610. ASSESSMENT OF CYBERSECURITY POSTURE AND
OPERATIONAL ASSUMPTIONS AND DEVELOPMENT OF
TARGETING STRATEGIES AND SUPPORTING
CAPABILITIES.
(a) Assessment of Cybersecurity Posture of Adversaries and
Operational Assumptions of United States Government.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Commander of United States
Cyber Command, the Under Secretary of Defense for Policy, and
the Under Secretary of Defense for Intelligence and Security,
shall jointly sponsor or conduct an assessment, including, if
appropriate, a war-game or tabletop exercise, of the current
and emerging offensive cyber posture of adversaries of the
United States and the current operational assumptions and
plans of the Armed Forces for offensive cyber operations
during potential crises or conflict.
(2) Elements.--The assessment required by paragraph (1)
shall include consideration of the following:
(A) Changes to strategies, operational concepts,
operational preparation of the environment, and rules of
engagement.
(B) Opportunities provided by armed forces in theaters of
operations and other innovative alternatives.
(C) Changes in intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) targeting and operations in support of the Department
of Defense.
(D) Adversary capabilities to deny or degrade United States
activities in cyberspace.
(E) Adversaries' targeting of United States critical
infrastructure and implications for United States policy.
(F) Potential effect of emerging technologies, such as
fifth generation mobile networks, expanded use of cloud
information technology services, and artificial intelligence.
(G) Changes in organizational design.
(H) The effect of private sector cybersecurity research.
(b) Development of Targeting Strategies, Supporting
Capabilities, and Operational Concepts.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Commander shall--
(A) assess and establish the capabilities, capacities,
tools, and tactics required to support targeting strategies
for--
(i) day-to-day persistent engagement of adversaries,
including support to information operations;
(ii) support to geographic combatant commanders at the
onset of hostilities and during sustained conflict; and
(iii) deterrence of attacks on United States critical
infrastructure, including the threat of counter value
responses;
(B) develop future cyber targeting strategies and
capabilities across the categories of cyber missions and
target classes where--
(i) time-consuming and human effort-intensive stealthy
operations are required to acquire and maintain access to
targets, and the mission is so important it is worthwhile to
expend such efforts to hold them at risk;
(ii) target prosecution requires unique access and
exploitation tools and technologies, and the target
importance justifies such efforts, time, and expense;
(iii) operational circumstances do not allow for and do not
require spending the time and human effort required for
stealthy, nonattributable, and continuous access to targets;
(iv) capabilities are needed to rapidly prosecute targets
that have not been previously planned and that can be
accessed and exploited using known, available tools and
techniques; and
(v) targets may be prosecuted with the aid of automated
techniques to achieve speed, mass, and scale; and
(C) develop strategies for appropriate utilization of Cyber
Mission Teams in support of combatant command objectives as--
(i) adjuncts to or substitutes for kinetic operations; or
(ii) independent means to achieve novel tactical,
operational, and strategic objectives.
(2) Briefing required.--
(A) In general.--Not more than 30 days after the date on
which all of the activities required by paragraph (1) have
been completed, the Commander shall provide the congressional
defense committees a briefing on the activities.
(B) Elements.--The briefing provided under subparagraph (A)
shall include the following:
(i) Recommendations for such legislative or administrative
action as the Commander considers necessary to address
capability shortcomings.
(ii) Plans to address capability shortcomings.
(c) Country-specific Access Strategies.--
(1) In general.--Not later than one year after the date on
which all of the activities required by subsection (b)(1)
have been completed, the Commander shall complete development
of country-specific access strategies for the Russian
Federation, the People's Republic of China, the Democratic
People's Republic of Korea, and the Islamic Republic of Iran.
(2) Elements.--Each country-specific access strategy
developed under paragraph (1) shall include the following:
(A) Specification of desired and required--
(i) outcomes;
(ii) cyber warfighting architecture, to include--
(I) tools and redirectors;
(II) access platforms; and
(III) data analytics, modeling, and simulation capacity;
(iii) specific means to achieve and maintain persistent
access and conduct command and control and exfiltration
against hard targets and in operationally challenging
environments across the continuum of conflict;
(iv) intelligence, surveillance, and reconnaissance
support;
(v) operational partnerships with allies;
(vi) rules of engagement;
(vii) personnel, training, and equipment; and
(viii) targeting strategies, including those that do not
demand deliberate targeting and precise access to achieve
effects; and
(B) recommendations for such policy or resourcing changes
as the Commander considers appropriate to address access
shortfalls.
(3) Consultation required.--The Commander shall develop the
country-specific access strategies under paragraph (1)
independently but in consultation with the following:
(A) The Director of the National Security Agency.
(B) The Director of the Central Intelligence Agency.
(C) The Director of the Defense Advanced Research Projects
Agency.
(D) The Director of the Strategic Capabilities Office.
(E) The Under Secretary of Defense for Policy.
(F) The Principal Cyber Advisor to the Secretary of
Defense.
(G) The Commanders of all other Combatant Commands.
(4) Briefing.--Upon completion of the country-specific
access strategies required by paragraph (1), the Commander
shall provide the Deputy Secretary of Defense, the Vice
Chairman of the Joint Chiefs of Staff, the Committee on Armed
Services of the Senate, and the Committee on Armed Services
of the House of Representatives a briefing on such
strategies.
SEC. 1611. ASSESSING CAPABILITIES TO COUNTER ADVERSARY USE OF
RANSOMWARE TOOLS, CAPABILITIES, AND
INFRASTRUCTURE.
(a) Comprehensive Assessment and Recommendations
Required.--Not later than March 1, 2022, the Secretary of
Defense shall--
(1) conduct a comprehensive assessment of the policy,
capacity, and capabilities of the Department of Defense to
diminish and defend the United States from ransomware
threats, including--
(A) an assessment of the current and potential threats and
risks to national and economic security posed by--
(i) foreign criminal organizations that provide large-scale
and sophisticated cyber attack capabilities and
infrastructure used to conduct ransomware attacks; and
(ii) organizations that conduct or could conduct ransomware
or other attacks that use the capabilities and infrastructure
described in clause (i) on a large scale against important
assets and systems in the United States, including critical
infrastructure;
(B) an assessment of--
(i) the threat posed by the criminal organizations,
capabilities, and infrastructure described in subparagraph
(A) to the Department of Defense Information Network and the
United States; and
(ii) the current and potential role of United States Cyber
Command in addressing the threat described in clause (i);
(C) an identification of the current and potential
Department efforts, processes, and capabilities to deter and
counter the threat described in subparagraph (B)(i),
including through offensive cyber effects operations;
(D) an assessment of the application of the defend forward
and persistent engagement operational concepts and
capabilities of the Department to deter and counter the
threat of ransomware to the United States;
(E) a description of the efforts of the Department in
interagency processes, and joint collaboration with allies
and partners of the United States, to address the growing
threat of criminal cyber enterprises that conduct ransomware
attacks and could conduct attacks with other objectives to
the United States and allies and partners of the United
States;
(F) a determination of the extent to which the governments
of countries where large-scale and sophisticated criminal
cyber enterprises are principally located are tolerating
[[Page S8635]]
the activities of such enterprises, have interactions with
such enterprises, could direct their operations, and could
suppress them;
(G) an assessment as to whether the criminal cyber
enterprises described in subparagraph (F) are perfecting and
practicing attack techniques and capabilities at scale that
can be co-opted and placed in the service of the country
where they are based; and
(H) identification of such legislative or administrative
action as may be necessary to more effectively counter the
threat of ransomware; and
(2) develop recommendations for the Department to build
capabilities to develop and execute innovative methods to
deter and counter ransomware attacks prior and in response to
the launching of attacks.
(b) Briefing.--Not later than April 1, 2022, the Secretary
shall brief the congressional defense committees on the
assessment completed under paragraph (1) of subsection (a)
and the recommendations developed under paragraph (2) of such
subsection.
SEC. 1612. COMPARATIVE ANALYSIS OF CYBERSECURITY
CAPABILITIES.
(a) Comparative Analysis Required.--Not later than 180 days
after the date of the enactment of this Act, the Principal
Cyber Advisor to the Secretary of Defense and the Director of
Cost Assessment and Program Evaluation (CAPE), in
consultation with the Chief Information Officers and
Principal Cyber Advisors of each of the military departments,
shall jointly sponsor a comparative analysis, that the
Director of the National Security Agency and the Director of
the Defense Information Systems Agency shall conduct, of the
following:
(1) The cybersecurity tools, applications, and capabilities
offered as options on enterprise software agreements for
cloud-based productivity and collaboration suites such as
that offered under the Defense Enterprise Office Solution and
Enterprise Software Agreement contracts with Department of
Defense components, relative to those that are currently
deployed in, or required by, the Department to conduct the
functions of--
(A) asset discovery;
(B) vulnerability scanning;
(C) conditional access (also known as ``comply-to-
connect'');
(D) event correlation;
(E) patch management and remediation;
(F) endpoint query and control;
(G) endpoint detection and response;
(H) data rights management;
(I) data loss prevention;
(J) data tagging;
(K) data encryption;
(L) security information and event management; and
(M) security orchestration, automation, and response.
(2) The identity, credential, and access management (ICAM)
system, and associated capabilities to enforce the principle
of least privilege access, offered as an existing option on a
contract described in paragraph (1), relative to--
(A) the requirements of such system described in the Zero
Trust Reference Architecture of the Department; and
(B) the requirements of such system under development by
the Defense Information Systems Agency.
(3) The artificial intelligence and machine-learning
capabilities associated with the tools, applications, and
capabilities described in paragraphs (1) and (2), and the
ability to host government or third-party artificial
intelligence and machine-learning algorithms within the
contracted environments described in paragraph (1) for those
tools, applications, and capabilities described in paragraphs
(1) and (2).
(4) The network consolidation and segmentation capabilities
offered on the contracts described in paragraph (1) relative
to capabilities projected in the Zero Trust Reference
Architecture.
(5) The automated orchestration and interoperability among
all of the tools, applications, and capabilities described in
paragraphs (1) through (4).
(b) Elements of Comparative Analysis.--The comparative
analysis conducted under subsection (a) shall include an
assessment of the following:
(1) Costs.
(2) Performance.
(3) Sustainment.
(4) Scalability.
(5) Training requirements.
(6) Maturity.
(7) Human effort requirements.
(8) Speed of integrated operations.
(9) Ability to operate on multiple operating systems and in
multiple cloud environments.
(10) Such other matters as the Principal Cyber Advisor to
the Secretary of Defense and the Director of Cost Assessment
and Program Evaluation consider appropriate.
(c) Briefing Required.--Not later than 30 days after the
date on which the analysis required by subsection (a) is
completed, the Principal Cyber Advisor and the Director shall
jointly provide the congressional defense committees with a
briefing on the findings of the Principal Cyber Advisor and
the Director with respect to such analysis, along with such
recommendations for legislative or administrative action as
the Principal Cyber Advisor and the Director may have with
respect to the matters covered by the analysis.
SEC. 1613. REPORT ON THE CYBERSECURITY MATURITY MODEL
CERTIFICATION PROGRAM.
(a) Report Required.--Not later than January 15, 2022, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the plans of the
Secretary for the Cyber Maturity Model Certification program
in consideration of the recent internal review of the program
and recent efforts of the Secretary to improve the
cybersecurity of the defense industrial base.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) The programmatic changes required in Cyber Maturity
Model Certification program to address recommendations
developed pursuant to the review described in subsection (a).
(2) The strategy of the Secretary for rulemaking for such
program and the process for the Cybersecurity Maturity Model
Certification rule.
(3) The budget and resources required to support such
program.
(4) A plan for communication and coordination with the
defense industrial base regarding such program.
(5) The coordination needed within the Department and
between Federal agencies for such program.
(6) The status of efforts to develop the framework required
by section 1648 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2224 note).
(7) Plans and explicit public announcement of processes for
reimbursement of cybersecurity compliance expenses for small
and non-traditional businesses in the defense industrial
base.
(8) Plans for ensuring that persons seeking a Department of
Defense contract for the first time are not required to
expend funds to acquire cybersecurity capabilities and a
certification required to perform under a contract as a
precondition for bidding on such a contract without
reimbursement in the event that such persons do not receive a
contract award.
(9) Clarification of roles and responsibilities of prime
contractors for assisting and managing cybersecurity
performance of subcontractors.
(10) Such additional matters as the Secretary considers
appropriate.
SEC. 1614. REPORT ON POTENTIAL DEPARTMENT OF DEFENSE SUPPORT
AND ASSISTANCE FOR INCREASING THE AWARENESS OF
THE CYBERSECURITY AND INFRASTRUCTURE SECURITY
AGENCY OF CYBER THREATS AND VULNERABILITIES
AFFECTING CRITICAL INFRASTRUCTURE.
(a) Report Required.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of Homeland Security and
the National Cyber Director, shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report that
provides recommendations on how the Department of Defense can
improve support and assistance to the Cybersecurity and
Infrastructure Security Agency to increase awareness of
threats and vulnerabilities affecting domestic networks that
are critical infrastructure, including infrastructure that is
critical to the Department and infrastructure that is
critical to the defense of the United States.
(b) Elements of Report.--The report required by subsection
(a) shall--
(1) assess and identify areas in which the Department of
Defense could provide support or assistance to the
Cybersecurity and Infrastructure Security Agency in expanding
or increasing the technical understanding and awareness of
threats and vulnerabilities affecting critical
infrastructure, including through information sharing and
voluntary network monitoring programs;
(2) identify and assess any legal, policy, organizational,
or technical barriers to enabling support provided by the
Department to the Agency for improved situational awareness
of cyber threats to critical infrastructure, including
increased information sharing;
(3) assess and describe any legal or policy changes
necessary to enable the Department to provide support or
assistance to the Agency for improved situational awareness
of cyber threats to critical infrastructure while preserving
privacy and civil liberties;
(4) assess and describe the budgetary and other resource
effects on the Department of providing support or assistance
to the Agency for improved situational awareness of cyber
threats to critical infrastructure; and
(5) provide a notional time-phased plan, including
milestones, to enable the Department to provide support or
assistance to the Agency to increase awareness of threats and
vulnerabilities affecting domestic critical infrastructure
networks.
(c) Critical Infrastructure Defined.--In this section, the
term ``critical infrastructure'' has the meaning given such
term in subsection (e) of the Critical Infrastructures
Protection Act of 2001 (42 U.S.C. 5195c(e)).
SEC. 1615. DEADLINE FOR REPORTS ON ASSESSMENT OF CYBER
RESILIENCY OF NUCLEAR COMMAND AND CONTROL
SYSTEM.
Section 499(c) of title 10, United States Code, is
amended--
(1) in paragraph (1), in the matter before subparagraph
(A)--
(A) by striking ``The Commanders'' and inserting ``For each
assessment conducted under subsection (a), the Commanders'';
and
[[Page S8636]]
(B) by striking ``the assessment required by subsection
(a)'' and inserting ``the assessment'';
(2) in paragraph (2), by striking ``the report'' and
inserting ``each report'';
(3) in paragraph (3)--
(A) by striking ``The Secretary'' and inserting ``Not later
than 90 days after the date of the submittal of a report
under paragraph (1), the Secretary''; and
(B) by striking ``required by paragraph (1)''; and
(4) in the subsection heading by striking ``Report'' and
inserting ``Reports''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2022''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2025.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2025 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII shall take effect on the later
of--
(1) October 1, 2021; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... 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
Wheeler Army Airfield............................ $140,000,000
Kansas...................................... Fort Leavenworth................................. $34,000,000
Kentucky.................................... Fort Knox........................................ $27,000,000
Louisiana................................... Camp Minden...................................... $13,800,000
Fort Polk........................................ $111,000,000
Maryland.................................... Fort Meade....................................... $81,000,000
New York.................................... Fort Hamilton.................................... $26,000,000
Watervliet Arsenal............................... $20,000,000
Pennsylvania................................ Letterkenny Army Depot........................... $21,000,000
Texas....................................... Fort Bliss....................................... $20,000,000
Fort Hood........................................ $130,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium..................................... SHAPE Headquarters............................... $16,000,000
Germany..................................... East Camp Grafenwoehr............................ $103,000,000
Smith Barracks................................... $33,500,000
Worldwide Classified........................ Classified Location.............................. $31,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installation or location, in the number of
units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Italy.................................. Vicenza.................... Family Housing New $92,304,000
Construction............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Army may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $7,545,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
[[Page S8637]]
SEC. 2104. EXTENSION OF AUTHORIZATION OF FISCAL YEAR 2017
PROJECT AT WIESBADEN ARMY AIRFIELD.
(a) Extension.--Notwithstanding section 2002 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2688), the authorization set
forth in the table in subsection (b), as provided in section
2101(b) of that Act (130 Stat. 2689), shall remain in effect
until October 1, 2023, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Wiesbaden Army Airfield... Hazardous Material $2,700,000
Storage Building........
----------------------------------------------------------------------------------------------------------------
SEC. 2105. ADDITIONAL AUTHORITY TO CARRY OUT FISCAL YEAR 2018
PROJECT AT FORT BLISS, TEXAS.
(a) Project Authorization.--The Secretary of the Army may
carry out a military construction project to construct a
defense access road at Fort Bliss, Texas, in the amount of
$20,000,000.
(b) Use of Amounts.--The Secretary may use funds
appropriated under section 131 of the Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2018 (title I of division J of Public Law 115-141; 132 Stat.
805) for the Defense Access Road Program to carry out
subsection (a).
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2021 PROJECT AT FORT WAINWRIGHT, ALASKA.
(a) Modification of Project Authority.--In the case of the
authorization contained in the table in section 2101(a) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
for Fort Wainwright, Alaska, for construction of
unaccompanied enlisted personnel housing, as specified in the
funding table in section 4601 of such Act, the Secretary of
the Army may construct an unaccompanied enlisted personnel
housing building of 104,300 square feet to incorporate a
modified standard design, and also may construct an outdoor
recreational shelter, sports fields and courts, barbecue and
leisure area, and fitness stations associated with the
unaccompanied enlisted personnel housing.
(b) Modification of Project Amounts.--
(1) Division b table.--The authorization table in section
2101(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
is amended, in the item relating to Fort Wainwright, Alaska,
by striking ``$114,000,000'' in the Amount column and
inserting ``$146,000,000'' to reflect the project
modification made by subsection (a).
(2) Division d table.--The funding table in section 4601 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
is amended, in the item relating to Fort Wainwright, Alaska,
Unaccompanied Enlisted Personnel Housing, by striking
``$59,000'' in the Conference Authorized column and inserting
``$91,000'' to reflect the project modification made by
subsection (a).
SEC. 2107. ADDITIONAL AUTHORITY TO CARRY OUT FISCAL YEAR 2022
PROJECT AT ABERDEEN PROVING GROUND, MARYLAND.
(a) Project Authorization.--The Secretary of the Army may
carry out a military construction project to construct a
6,000 square foot recycling center to meet the requirements
of a qualified recycling program at Aberdeen Proving Ground,
Maryland, in the amount of $3,600,000.
(b) Use of Lease Payment Funds.--The Secretary may use
funds generated pursuant to section 2667 of title 10, United
States Code, in addition to funds appropriated for
unspecified minor military construction, for the project
specified in subsection (a).
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona...................................... Marine Corps Air Station Yuma................... $128,900,000
California................................... Marine Corps Air Ground Combat Center........... $45,000,000
Marine Corps Air Station Miramar................ $240,900,000
Marine Corps Base Camp Pendleton................ $191,300,000
Naval Base Ventura County....................... $197,500,000
Naval Base Coronado............................. $63,600,000
Marine Corps Reserve Depot San Diego............ $93,700,000
San Nicolas Island.............................. $19,907,000
Florida...................................... Marine Corps Support Facility Blount Island..... $69,400,000
Hawaii....................................... Marine Corps Base Kaneohe Bay................... $165,700,000
Maine........................................ Portsmouth Naval Shipyard....................... $225,000,000
North Carolina............................... Marine Corps Air Station Cherry Point........... $340,117,000
Marine Corps Base Camp Lejeune.................. $64,200,000
South Carolina............................... Marine Corps Air Station Beaufort............... $127,600,000
Virginia..................................... Naval Station Norfolk........................... $344,793,000
Naval Station Yorktown.......................... $93,500,000
Portsmouth Naval Shipyard....................... $156,380,000
Marine Corps Base Quantico...................... $42,850,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
El Salvador................................... Cooperative Security Location Comalapa.......... $28,000,000
Guam.......................................... Andersen Air Force Base......................... $50,890,000
Joint Region Marianas........................... $507,527,000
Japan......................................... Fleet Activities Yokosuka....................... $49,900,000
Spain......................................... Naval Station Rota.............................. $85,600,000
----------------------------------------------------------------------------------------------------------------
[[Page S8638]]
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $5,732,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a) and available for
military family housing functions as specified in the funding
table in section 4601, the Secretary of the Navy may improve
existing military family housing units in an amount not to
exceed $71,884,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Eielson Air Force Base...................... $44,850,000
Joint Base Elmendorf-Richardson............. $251,000,000
Arizona........................................ Davis-Monthan Air Force Base................ $13,400,000
Luke Air Force Base......................... $49,000,000
California..................................... Vandenberg Space Force Base................. $67,000,000
Colorado....................................... Schriever Space Force Base.................. $30,000,000
District of Columbia........................... Joint Base Anacostia Bolling................ $24,000,000
Florida........................................ Eglin Air Force Base........................ $14,000,000
Georgia........................................ Moody Air Force Base........................ $12,500,000
Louisiana...................................... Barksdale Air Force Base.................... $272,000,000
Maryland....................................... Joint Base Andrews.......................... $26,000,000
Massachusetts.................................. Hanscom Air Force Base...................... $66,000,000
Ohio........................................... Wright-Patterson Air Force Base............. $24,000,000
Oklahoma....................................... Tinker Air Force Base....................... $160,000,000
South Carolina................................. Joint Base Charleston....................... $59,000,000
South Dakota................................... Ellsworth Air Force Base.................... $242,000,000
Tennessee...................................... Arnold Air Force Base....................... $14,600,000
Texas.......................................... Joint Base San Antonio...................... $141,000,000
Joint Base San Antonio-Lackland............. $29,000,000
Join Base San Antonio-Fort Sam Houston...... $29,000,000
Sheppard Air Force Base..................... $20,000,000
Virginia....................................... Joint Base Langley Eustis................... $24,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects
for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia...................................... Royal Australian Air Force Base Darwin...... $7,400,000
Royal Australian Air Force Base Tindal...... $14,400,000
Guam........................................... Joint Region Marianas....................... $85,000,000
Italy.......................................... Aviano Air Force Base....................... $10,200,000
Japan.......................................... Kadena Air Base............................. $206,000,000
Misawa Air Base............................. $25,000,000
Yokota Air Base............................. $39,000,000
United Kingdom................................. Royal Air Force Lakenheath.................. $104,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $10,458,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a) and available for
military family housing functions as specified in the funding
table in section 4601, the Secretary of the Air Force may
improve existing military family housing units in an amount
not to exceed $105,258,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2017 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorizations set forth in the table in subsection (b), as
provided in section 2301 of that Act (130 Stat. 2696), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
[[Page S8639]]
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein Air Base......... 37 AS Squadron Operations/ $13,437,000
Aircraft Maintenance
Unit....................
Guam.................................. Joint Region Marianas..... APR-Munitions Storage $35,300,000
Igloos, Ph 2............
Joint Region Marianas..... APR-SATCOM C4I Facility.. $14,200,000
Japan................................. Kadena Air Base........... APR-Replace Munitions $19,815,000
Structures..............
Yokota Air Base........... C-130J Corrosion Control $23,777,000
Hangar..................
Yokota Air Base........... Construct Combat Arms $8,243,000
Training and Maintenance
Facility................
United Kingdom........................ Royal Air Force Croughton. Main Gate Complex........ $16,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2306. EXTENSION OF AUTHORIZATIONS OF FISCAL YEAR 2017
PROJECTS AT SPANGDAHLEM AIR BASE, GERMANY.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorizations set forth in the table in subsection (b), as
provided in section 2902 of that Act (130 Stat. 2743), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Spangdahlem Air Base...... F/A-22 Low Observable/ $12,000,000
Composite Repair Fac....
Spangdahlem Air Base...... Upgrade Hardened Aircraft $2,700,000
Shelters for F/A-22.....
----------------------------------------------------------------------------------------------------------------
SEC. 2307. EXTENSION OF AUTHORIZATION OF FISCAL YEAR 2017
PROJECT AT HANSCOM AIR FORCE BASE,
MASSACHUSETTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorization set forth in the table in subsection (b), as
provided in section 2301 of that Act (130 Stat. 2696), shall
remain in effect until October 1, 2022, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2023, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts......................... Hanscom Air Force Base.... Construct Vandenberg Gate $10,965,000
Complex.................
----------------------------------------------------------------------------------------------------------------
SEC. 2308. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2018 PROJECT AT TYNDALL AIR FORCE BASE,
FLORIDA.
In the case of the authorization contained in section
2301(a) of the Military Construction Authorization Act for
Fiscal Year 2018 (Division B of Public Law 115-91; 131 Stat.
1825) for Tyndall Air Force Base, Florida, for construction
of a fire station, as specified in the funding table in
section 4601 of that Act (131 Stat. 2002), the Secretary of
the Air Force may construct up to 3,588 square meters of
crash rescue or structural fire station.
SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2020 PROJECTS AT TYNDALL AIR FORCE BASE,
FLORIDA.
In the case of the authorization contained in section
2912(a) of the Military Construction Authorization Act for
Fiscal Year 2020 (Division B of Public Law 116-92; 133 Stat.
1913) for Tyndall Air Force Base, Florida--
(1) for construction of Site Development, Utilities, and
Demo Phase 1, as specified in the Natural Disaster Recovery
Justification Book dated August 2019, the Secretary of the
Air Force may construct--
(A) up to 3,698 lineal meters of waste water;
(B) up to 6,306 lineal meters of storm water; and
(C) two emergency power backup generators;
(2) for construction of Munitions Storage Facilities, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct--
(A) up to 4,393 square meters of aircraft support equipment
storage yard;
(B) up to 1,535 square meters of tactical missile
maintenance facility; and
(C) up to 560 square meters of missile warhead assembly and
maintenance shop and storage;
(3) for construction of 325th Fighting Wing HQ Facility, as
specified in the funding table in section 4603 of that Act
(133 Stat. 2103), the Secretary of the Air Force may
construct up to 769 square meters of separate administrative
space for sexual assault prevention and response and sexual
response coordinators;
(4) for construction of Deployment Center/Flight Line
Dining/AAFES, as specified in such funding table, the
Secretary of the Air Force may construct up to 144 square
meters of Army and Air Force Exchange Service shoppette;
(5) for construction of Flightline--Muns Storage, 7000
Area, as specified in such funding table, the Secretary of
the Air Force may construct--
(A) up to 1,861 square meters of above ground magazines;
and
(B) up to 530 square meters of air support equipment shop
or storage facility pad;
(6) for construction of Site Development, Utilities, and
Demo Phase 2, as specified in such funding table, the
Secretary of the Air Force may construct--
(A) up to 5,233 lineal meters of storm water;
(B) up to 48,560 square meters of roads;
(C) up to 3,612 lineal meters of gas pipeline; and
(D) up to 993 square meters of water fire pumping station
with an emergency backup generator;
(7) for construction of Tyndall AFB Gate Complexes, as
specified in such funding table, the Secretary of the Air
Force may construct--
(A) up to 52,694 square meters of roadway with serpentines;
and
(B) up to 20 active or passive barriers;
(8) for construction of Airfield Drainage, as specified in
such funding table, the Secretary of the Air Force may
construct--
(A) up to 18,931 meters of storm drain piping;
(B) up to 19,131 meters of box culvert;
(C) up to 3,704 meters of concrete block swale;
(D) up to 555 storm drain structures; and
[[Page S8640]]
(E) up to 81,500 square meters of storm drain ponds;
(9) for construction of 53 WEG Complex, as specified in the
Natural Disaster Recovery Justification Book dated August
2019, the Secretary of the Air Force may construct--
(A) up to 1,693 square meters of aircraft maintenance shop;
(B) up to 1,458 square meters of fuel systems maintenance
dock; and
(C) up to 3,471 square meters of group headquarters;
(10) for construction of 53 WEG Subscale Drone Facility, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct up to 511 square meters of pilotless aircraft shop
in a separate facility;
(11) for construction of CE/Contracting/USACE Complex, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct--
(A) up to 557 square meters of base engineer storage shed
6000 area; and
(B) up to 183 square meters of non-Air Force administrative
office;
(12) for construction of Logistics Readiness Squadron
Complex, as specified in the Natural Disaster Recovery
Justification Book dated August 2019, the Secretary of the
Air Force may construct--
(A) up to 802 square meters of supply administrative
headquarters;
(B) up to 528 square meters of vehicle wash rack; and
(C) up to 528 square meters of vehicle service rack;
(13) for construction of Fire Station Silver Flag #4, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct up to 651 square meters of fire station; and
(14) for construction of AFCEC RDT&E, as specified in the
Natural Disaster Recovery Justification Book dated August
2019, the Secretary of the Air Force may construct 545 square
meters of CE Mat Test Runway Support Building, 1,593 square
meters of Robotics Range Control Support Building, and 953
square meters of fire garage.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $153,000,000
California.................................. Camp Pendleton................................ $13,600,000
Silver Strand Training Complex................ $33,700,000
Colorado.................................... Buckley Air Force Base........................ $20,000,000
Georgia..................................... Fort Benning.................................. $62,000,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $29,800,000
Maryland................................... Fort Meade.................................... $1,201,000,000
New Mexico.................................. Kirtland Air Force Base....................... $8,600,000
Virginia.................................... Fort Belvoir.................................. $29,800,000
Humphries Engineer Center and Support Activity $36,000,000
Pentagon...................................... $50,543,000
Washington.................................. Oak Harbor.................................... $59,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Ramstein Air Base............................. $93,000,000
Japan........................................ Kadena Air Base............................... $24,000,000
Misawa Air Base............................... $6,000,000
United Kingdom............................... Royal Air Force Lakenheath.................... $19,283,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Rucker................................... $24,000,000
California................................... Marine Corps Air Station Miramar.............. $4,054,000
Naval Air Weapons Station China Lake/ $9,120,000
Ridgecrest...................................
District of Columbia......................... Joint Base Anacostia Bolling.................. $31,261,000
Florida..................................... MacDill Air Force Base........................ $22,000,000
Georgia...................................... Fort Benning.................................. $17,593,000
Fort Stewart.................................. $22,000,000
Naval Submarine Base Kings Bay................ $19,314,000
Idaho........................................ Mountain Home Air Force Base.................. $33,800,000
Michigan..................................... Camp Grayling................................. $5,700,000
Mississippi.................................. Camp Shelby................................... $45,655,000
New York..................................... Fort Drum..................................... $25,300,000
North Carolina............................... Fort Bragg.................................... $27,169,000
Ohio......................................... Springfield-Beckley Municipal Airport......... $4,700,000
North Dakota................................. Cavalier Air Force Station.................... $24,150,000
Puerto Rico.................................. Aguadilla..................................... $10,120,000
Fort Allen.................................... $12,190,000
Tennessee.................................... Memphis International Airport................. $4,780,000
Virginia..................................... Fort Belvoir, NGA Campus East................. $365,000
National Geospatial-Intelligence Agency Campus $5,299,000
East.........................................
[[Page S8641]]
Pentagon, Mark Center, and Raven Rock Mountain $2,600,000
Complex......................................
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam......................................... Polaris Point, Naval Base Guam................ $38,300,000
Japan........................................ Naval Air Facility Atsugi..................... $3,810,000
Kuwait...................................... Camp Arifjan.................................. $15,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments),
as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORIZATION OF FISCAL YEAR 2017
PROJECT AT YOKOTA AIR BASE, JAPAN.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorization set forth in the table in subsection (b), as
provided in section 2401(b) of that Act (130 Stat. 2700),
shall remain in effect until October 1, 2023, or the date of
the enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Defense Agencies: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Yokota Air Base........ Hangar/AMU............. $39,466,000
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
(a) Authorization.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2021, for contributions by the Secretary of Defense under
section 2806 of title 10, United States Code, for the share
of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program
authorized by section 2501 as specified in the funding table
in section 4601.
(b) Authority To Recognize NATO Authorization Amounts as
Budgetary Resources for Project Execution.--When the United
States is designated as the Host Nation for the purposes of
executing a project under the NATO Security Investment
Program (NSIP), the Department of Defense construction agent
may recognize the NATO project authorization amounts as
budgetary resources to incur obligations for the purposes of
executing the NSIP project.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations
or locations in the Republic of Korea, and in the amounts,
set forth in the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Humphreys......... Unaccompanied Enlisted $52,000,000
Personnel Housing.....
Army................................. Camp Humphreys......... Type I Aircraft Parking $48,000,000
Apron and Parallel
Taxiway...............
Navy................................. Mujuk.................. Expeditionary Dining $10,200,000
Facility..............
Air Force............................ Gimhae Air Base........ Repair Contingency $75,000,000
Hospital..............
Air Force............................ Osan Air Base.......... Munitions Storage Area $171,000,000
Move Delta (Phase 2)..
----------------------------------------------------------------------------------------------------------------
SEC. 2512. REPUBLIC OF POLAND PROVIDED INFRASTRUCTURE
PROJECTS.
Pursuant to agreement with the Republic of Poland for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations
or locations in the Republic of Poland, and in the amounts,
set forth in the following table:
Republic of Poland Provided Infrastructure Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Poznan................. Command and Control $30,000,000
Facility..............
Army................................. Poznan................. Information Systems $7,000,000
Facility..............
----------------------------------------------------------------------------------------------------------------
[[Page S8642]]
SEC. 2513. AUTHORIZATION TO ACCEPT CONTRIBUTIONS FROM THE
REPUBLIC OF KOREA IN THE FORM OF AN IRREVOCABLE
LETTER OF CREDIT.
In addition to any other authorized form of burden sharing
contribution, the Secretary of Defense may accept
contributions from the Republic of Korea, under authorities
available to the Secretary, in the form of an irrevocable
letter of credit issued by a financial institution acceptable
to the Treasurer of the United States, for construction of
the Black Hat Intelligence Fusion Center, Camp Humphreys,
Republic of Korea, and for other military construction
projects within the Republic of Korea.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2606 and available for the National Guard and Reserve as
specified in the funding table in section 4601, the Secretary
of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations
inside the United States, and in the amounts, set forth in
the following table:
Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Huntsville Army National Guard................... $17,000,000
Connecticut................................. Putnam........................................... $17,500,000
Georgia..................................... Fort Benning..................................... $13,200,000
Idaho....................................... Jerome........................................... $15,000,000
Illinois.................................... Bloomington...................................... $15,000,000
Kansas...................................... Topeka........................................... $16,732,000
Louisiana................................... Lake Charles..................................... $18,500,000
Maine....................................... Saco............................................. $21,200,000
Mississippi................................. Camp Shelby...................................... $15,500,000
Montana..................................... Butte............................................ $16,000,000
Nebraska.................................... Mead Training Site............................... $11,000,000
North Dakota................................ Dickinson........................................ $15,500,000
Vermont..................................... Bennington....................................... $16,900,000
Virginia.................................... Troutville....................................... $13,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2606 and available for the National Guard and Reserve as
specified in the funding table in section 4601, the Secretary
of the Army may acquire real property and carry out military
construction projects for the installation or location
outside the United States, and in the amount, set forth in
the following table:
Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam........................................ Barrigada........................................ $34,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan...................................... Southfield..................................... $12,000,000
Ohio.......................................... Wright-Patterson Air Force Base................ $19,000,000
Wisconsin..................................... Fort McCoy..................................... $70,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
Navy Reserve and Marine Corps Reserve installations or
locations inside the United States, and in the amounts, set
forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan...................................... Battle Creek................................... $49,090,000
Minnesota..................................... Minneapolis Air Reserve Station................ $14,350,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air National Guard locations inside the United States, and in
the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Montgomery Regional Airport...................... $19,200,000
Sumpter Smith Air National Guard Base............ $7,500,000
Connecticut................................. Bradley International Airport.................... $17,000,000
[[Page S8643]]
Delaware.................................... New Castle County Aiport......................... $17,500,000
Idaho....................................... Boise Air Terminal (Gowen Field)................. $6,500,000
Illinois.................................... Abraham Lincoln Capital Airport.................. $10,200,000
Massachusetts............................... Barnes Municipal Airport......................... $12,200,000
Michigan.................................... Alpena County Regional Airport................... $23,000,000
Selfridge Air National Guard Base................ $28,000,000
W.K. Kellogg Regional Airport.................... $10,000,000
Mississippi................................. Jackson International Airport.................... $9,300,000
New York.................................... Francis S. Gabreski Airport...................... $14,800,000
Schenectady Municipal Airport.................... $10,800,000
Ohio........................................ Camp Perry....................................... $7,800,000
South Carolina.............................. McEntire Joint National Guard Base............... $18,800,000
South Dakota................................ Joe Foss Field................................... $9,800,000
Texas....................................... Kelly Field Annex................................ $9,500,000
Washington.................................. Camp Murray Air National Guard Station........... $27,000,000
Wisconsin................................... Truax Field...................................... $44,200,000
Wyoming..................................... Cheyenne Municipal Airport....................... $13,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air Force Reserve locations inside the United States, and in
the amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Beale Air Force Base........................... $33,000,000
Florida....................................... Homestead Air Force Station.................... $14,000,000
Patrick Space Force Base....................... $18,500,000
Indiana....................................... Grissom Air Reserve Base....................... $29,000,000
Minnesota..................................... Minneapolis-St. Paul Air Reserve Station....... $14,000,000
New York...................................... Niagara Falls Air Reserve Station.............. $10,600,000
Ohio.......................................... Youngstown Air Reserve Base.................... $8,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2021, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), as specified in the funding table
in section 4601.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2021, for base
realignment and closure activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account established by section 2906 of such Act (as amended
by section 2711 of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of Public Law 112-239;
126 Stat. 2140)), as specified in the funding table in
section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE
REALIGNMENT AND CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an
additional Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
Subtitle A--Military Construction Program
SEC. 2801. CLARIFICATION OF ESTABLISHMENT OF THE OFFICE OF
LOCAL DEFENSE COMMUNITY COOPERATION AS A
DEPARTMENT OF DEFENSE FIELD ACTIVITY.
(a) 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.
(b) Establishment as Department of Defense Field
Activity.--Section 198(a) of such title, as transferred and
redesignated by subsection (a), is amended by striking ``in
the Office of the Secretary of Defense'' and inserting
``established as a Department of Defense Field Activity''.
(c) Appointment of Director.--Such section 198 is further
amended--
(1) 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
(2) in subsection (c)(4), by striking ``Under Secretary of
Defense for Acquisition and Sustainment'' and inserting
``Secretary''.
(d) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Section 905 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) is amended--
(A) in subsection (b), by striking ``section 146'' and
inserting ``section 198''; and
(B) in subsection (c), by striking ``section 146'' and
inserting ``section 198''.
(2) 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''.
SEC. 2802. USE OF AMOUNTS AVAILABLE FOR OPERATION AND
MAINTENANCE IN CARRYING OUT MILITARY
CONSTRUCTION PROJECTS FOR ENERGY RESILIENCE,
ENERGY SECURITY, OR ENERGY CONSERVATION.
Section 2914 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Alternative Funding Source.--(1) In addition to the
authority under section 2805(c) of this title, in carrying
out a military construction project for energy resilience,
energy security, or energy conservation under this section,
the Secretary concerned may use amounts available for
operation and maintenance for the military department
concerned if the Secretary concerned submits to the
congressional defense committees a notification of the
decision to carry out the project using such amounts and
includes in the notification--
``(A) the current estimate of the cost of the project;
``(B) the source of funds for the project; and
``(C) a certification that deferring the project pending
the availability of funds appropriated for or otherwise made
available for military construction would be inconsistent
with the timely assurance of energy resilience, energy
security, or energy conservation for one or more critical
national security functions.
``(2) A project carried out under this section using
amounts under paragraph (1) may
[[Page S8644]]
be carried out only after the end of the seven-day period
beginning on the date on which a copy of the notification
described in paragraph (1) is provided in an electronic
medium pursuant to section 480 of this title.
``(3) The maximum aggregate amount that the Secretary
concerned may obligate from amounts available to the military
department concerned for operation and maintenance in any
fiscal year for projects under the authority of this
subsection is $100,000,000.''.
Subtitle B--Military Family Housing
SEC. 2811. 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 provides for an assessment of
the extent to which such individual has or has not exercised
effective oversight and leadership in the following:
(1) Improving conditions of privatized housing under
subchapter IV of chapter 169 of title 10, United States Code.
(2) Addressing concerns with respect to such housing of
members of the Armed Forces and their families who reside in
such housing on an installation of the military department
concerned.
(b) Covered Individuals.--The individuals described in this
subsection are as follows:
(1) The commander of an installation of a military
department at which on-installation housing is managed by a
landlord of privatized housing under subchapter IV of chapter
169 of title 10, United States Code.
(2) Each officer or senior enlisted member of the Armed
Forces at an installation described in paragraph (1) whose
duties include facilities or housing management at such
installation.
(3) Any other officer or enlisted member of the Armed
Forces (whether or not at an installation described in
paragraph (1)) as specified by the Secretary of the military
department concerned for purposes of this section.
SEC. 2812. CLARIFICATION OF PROHIBITION AGAINST COLLECTION
FROM TENANTS OF PRIVATIZED MILITARY HOUSING
UNITS OF AMOUNTS IN ADDITION TO RENT AND
APPLICATION OF EXISTING LAW.
(a) Clarification of Prohibition.--
(1) In general.--Section 2891a(e) of title 10, United
States Code, is amended--
(A) by striking ``the any'' each place it appears and
inserting ``any''; and
(B) by adding at the end the following new paragraph:
``(3) Costs incurred to modify or upgrade a housing unit to
comply with standards under the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) and facilitate
occupancy of the housing unit by an individual with a
disability (as defined in section 3 of such Act (42 U.S.C.
12102)) may not be considered optional services under
paragraph (2)(A)(i) or another exception to the prohibition
in paragraph (1) against collection from tenants of housing
units of amounts in addition to rent.''.
(2) Application.--The amendment made by paragraph (1)(B)
shall apply to contracts described in section 2891a(a) of
title 10, United States Code, entered into on or after the
date of the enactment of this Act.
(b) Application of Existing Law.--Section 2891a of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(f) Application of Existing Law.--The Secretary of
Defense shall ensure that, in carrying out subsections (c)
and (d), the head of each housing management office of an
installation and each landlord providing a housing unit, as
the case may be, comply with the following:
``(1) Section 804 of the Fair Housing Act (42 U.S.C. 3604).
``(2) Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
``(3) Title III of the Americans with Disabilities Act of
1990 (42 U.S.C. 12181 et seq.).''.
SEC. 2813. MODIFICATION OF CALCULATION OF MILITARY HOUSING
CONTRACTOR PAY FOR PRIVATIZED MILITARY HOUSING.
Section 606(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 2871 note) is amended--
(1) in paragraph (1)(B)--
(A) by striking ``2.5 percent'' and inserting ``50
percent''; and
(B) by striking ``section 403(b)(3)(A)(i)'' and inserting
``section 403(b)(3)(A)(ii)''; and
(2) in paragraph (2)(B)--
(A) by striking ``2.5 percent'' and inserting ``50
percent''; and
(B) by striking ``section 403(b)(3)(A)(i)'' and inserting
``section 403(b)(3)(A)(ii)''.
SEC. 2814. MODIFICATION OF REQUIREMENTS RELATING TO WINDOW
FALL PREVENTION DEVICES AT MILITARY FAMILY
HOUSING.
(a) Retrofitting of Existing Housing Units.--
(1) In general.--On the date of the enactment of this Act,
the Secretary of Defense shall begin retrofitting windows at
existing military family housing units acquired or
constructed under chapter 169 of title 10, United States
Code, with fall prevention devices or replacement of such
windows with windows equipped with such devices pursuant to
the program under subsection (b) of section 2879 of such
title.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report that sets forth a plan to complete
retrofitting or replacement of windows as described in
subsection (a) by not later than one year after such date of
enactment.
(b) Exclusion of Window Opening Control Devices as Approved
Devices.--Section 2879(a)(3) of title 10, United States Code,
is amended--
(1) by striking ``or guard'' and inserting ``, guard, or
other passive barrier''; and
(2) by inserting before the period at the end the
following: ``, excluding a window opening control device''.
Subtitle C--Land Conveyances
SEC. 2821. LAND CONVEYANCE, ST. LOUIS, MISSOURI.
(a) Conveyance Authorized.--
(1) Conveyance to land clearance for redevelopment
authority of the city of st. louis.--
(A) In general.--The Secretary of the Air Force (in this
section referred to as the ``Secretary'') may convey to the
Land Clearance for Redevelopment Authority of the City of St.
Louis (in this section referred to as the ``Authority''), on
behalf of the United States, all right, title, and interest
of the United States in and to the parcel of land described
in paragraph (2) for purposes of redevelopment by the
Authority.
(B) Limitation.--The Secretary may convey only that portion
of the parcel of land described in paragraph (2) to the
Authority that is declared excess to the Department of
Defense.
(2) Parcel of land described.--
(A) In general.--The parcel of land described in this
paragraph is approximately 24 acres of land located at 3200
S. 2nd Street, St. Louis, Missouri, and includes all
improvements to the land.
(B) Legal description.--The exact acreage and legal
description of the property to be conveyed under paragraph
(1) shall be determined by a survey satisfactory to the
Secretary and the Authority.
(b) Terms of Conveyance.--
(1) Instrument and conditions.--
(A) In general.--The conveyance under subsection (a)(1)
shall be accomplished using a quitclaim deed or other legal
instrument and upon terms and conditions satisfactory to the
Secretary, including such additional terms and conditions as
the Secretary considers appropriate to protect the interests
of the United States.
(B) Environmental conditions.--The conveyance under
subsection (a)(1) may include conditions, restrictions, or
covenants related the environmental condition of the
property, which shall not adversely interfere with the use of
existing structures and the development of the site for
commercial or industrial uses.
(C) Historical property conditions.--The conveyance under
subsection (a)(1) may include conditions, restrictions, or
covenants to ensure preservation of historic property,
notwithstanding the effect such conditions, restrictions, or
covenants may have on reuse of the site.
(2) Conduct of remediation.--
(A) In general.--The Secretary shall conduct all
remediation at the parcel of land conveyed under subsection
(a)(1) pursuant to approved activities under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the
Defense Environmental Restoration Program under section 2701
of title 10, United States Code.
(B) Completion of remediation.--The Secretary shall
complete all remediation at the parcel of land conveyed under
subsection (a)(1) in accordance with the requirements
selected in the Record of Decision, Scott Air Force Base
Environmental Restoration Program Site SS018, National
Imagery and Mapping Agency, Second Street, dated August 2019.
(c) Costs of Conveyance.--
(1) In general.--There is authorized to be appropriated to
the Secretary $2,000,000 for administrative expenses incurred
by the Secretary to carry out the conveyance under subsection
(a)(1), including survey costs and other administrative costs
related to the conveyance.
(2) Exclusion.--Administrative expenses under paragraph (1)
do not include any expenditures authorized under an
environmental restoration account under section 2703(a) of
title 10, United States Code.
(d) Compliance With Existing Law.--The conveyance under
subsection (a) shall be in compliance with division A of
subtitle III of title 54, United States Code (formerly known
as the ``National Historic Preservation Act'').
(e) Rule of Construction.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
SEC. 2822. LAND CONVEYANCE, SAINT JOSEPH, MISSOURI.
(a) Conveyance Authorized.--At such time as the Missouri
Air National Guard vacates their existing location on the
southern end of the airfield at Rosecrans Memorial Airport in
Saint Joseph, Missouri, as determined by the Secretary of the
Air Force (in this section referred to as the ``Secretary''),
the Secretary may convey to the City of Saint Joseph (in this
section referred to as the ``City'') all right, title, and
interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 54 acres at
[[Page S8645]]
the Rosecrans Air National Guard Base in Saint Joseph,
Missouri, for the purpose of removing the property from the
boundaries of the Rosecrans Air National Guard Base and
accommodating the operations and maintenance needs of the
Rosecrans Memorial Airport as well as the development of the
parcels and buildings for economic purposes.
(b) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to valid existing rights and
the City shall accept the real property (and any improvements
thereon) in its condition at the time of the conveyance
(commonly known as a conveyance ``as is'').
(c) Consideration.--
(1) Requirement.--As consideration for the conveyance of
the property under subsection (a), the City shall provide the
United States an amount that is equivalent to the fair market
value of the right, title, and interest conveyed under
subsection (a) based on an appraisal approved by the
Secretary.
(2) Types of consideration.--
(A) In general.--Except as provided in subparagraph (B),
the consideration required to be provided under paragraph (1)
may be provided by land exchange, in-kind consideration
described in subparagraph (D), or a combination thereof.
(B) Less than fair market value.--If the value of the land
exchange or in-kind consideration provided under subparagraph
(A) is less than the fair market value of the property
interest to be conveyed under subsection (a), the City shall
pay to the United States an amount equal to the difference
between the fair market value of the property interest and
the value of the consideration provided under subparagraph
(A).
(C) Cash consideration.--Any cash consideration received by
the United States under this subsection shall be deposited in
the special account in the Treasury established under section
572(b)(5) of title 40, United States Code, and available in
accordance with the provisions of subparagraph (B)(ii) of
such section.
(D) In-kind consideration.--In-kind consideration described
in this subparagraph may include the construction, provision,
improvement, alteration, protection, maintenance, repair, or
restoration (including environmental restoration), or a
combination thereof, of any facilities or infrastructure
relating to the needs of the Missouri Air National Guard at
Rosecrans Air National Guard Base that the Secretary
considers appropriate.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require the City
to cover all costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation,
and any other administrative costs related to the conveyance.
If amounts paid by the City to the Secretary in advance
exceed the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess
amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the
costs were paid. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2823. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY
POINT, NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy (in
this section referred to as the ``Secretary'') may convey to
the City of Havelock, North Carolina (in this section
referred to as the ``City''), all right, title, and interest
of the United States in and to a parcel of real property,
including any improvements thereon, consisting of
approximately 30 acres, known as the former Fort Macon
Housing Area, located within the City limits.
(b) Interim Lease.--Until such time as the real property
described in subsection (a) is conveyed to the City, the
Secretary may lease the property to the City for 20 years.
(c) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a) and interim lease under subsection (b), the
City shall pay to the Secretary an amount that is not less
than the fair market value of the property conveyed, as
determined by the Secretary, whether by cash payment, in-kind
consideration as described under paragraph (2), or a
combination thereof.
(2) In-kind consideration.--In-kind consideration provided
by the City under this subsection may include the
acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including environmental
restoration), or combination thereof, of any facilities or
infrastructure, or delivery of services relating to the needs
of Marine Corps Air Station Cherry Point, North Carolina,
that the Secretary considers acceptable.
(3) Disposition of amounts.--
(A) Conveyance.--Amounts received by the Secretary in
exchange for the fee title of the real property described in
subsection (a) shall be deposited in the special account in
the Treasury established under section 572(b)(5) of title 40,
United States Code, and shall be available in accordance with
subparagraph (B)(ii) of such section.
(B) Interim lease.--Amounts received by the Secretary for
the interim lease of the real property described in
subsection (a) shall be deposited in the special account in
the Treasury established for the Secretary under subsection
(e) of section 2667 of title 10, United States Code, and
shall be available for use in accordance with paragraph
(1)(D) of such subsection.
(d) Payment of Costs of Conveyance.--
(1) In general.--The Secretary shall require the City to
cover costs (except costs for environmental remediation of
the property) to be incurred by the Secretary, or to
reimburse the Secretary for such costs incurred by the
Secretary, to carry out the conveyance under subsection (a)
and interim lease under subsection (b), including costs for
environmental and real estate due diligence and any other
administrative costs related to the conveyance.
(2) Refund of excess amounts.--If amounts are collected
from the City under paragraph (1) in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance under subsection (a) and interim lease under
subsection (b), the Secretary shall refund the excess amount
to the City.
(e) Condition of Conveyance.--Conveyance of real property
shall be subject to all existing easements, restrictions, and
covenants of record and conditioned upon the following:
(1) Real property shall be used for municipal park and
recreational purposes, which may include ancillary uses such
as vending and restrooms.
(2) The City shall not use Federal funds to cover any
portion of the amounts required by subsections (c) and (d) to
be paid by the City.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary.
(g) Exclusion of Requirements for Prior Screening by
General Services Administration for Additional Federal Use.--
Section 2696(b) of title 10, United States Code, does not
apply to the conveyance of real property authorized under
subsection (a).
(h) Additional Terms.--The Secretary may require such
additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2824. LAND CONVEYANCE, NAVAL AIR STATION OCEANA,
VIRGINIA BEACH, VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Navy (in this section
referred to as the ``Secretary'') may convey to the City of
Virginia Beach, Virginia (in this section referred to as the
``City''), all right, title, and interest of the United
States in and to a parcel of real property located at 4200 C
Avenue, Virginia Beach, Virginia, including any improvements
thereon, consisting of approximately 8 acres.
(2) Authority to void land use restrictions.--The Secretary
may void any land use restrictions associated with the
property to be conveyed under paragraph (1).
(b) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a)(1), the City shall pay to the Secretary an
amount that is not less than the fair market value of the
property conveyed, as determined by the Secretary, whether by
cash payment, in-kind consideration as described in paragraph
(2), or a combination thereof.
(2) In-kind consideration.--In-kind consideration provided
by the City under this subsection may include the
acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including environmental
restoration), or combination thereof, of any facilities or
infrastructure, or delivery of services relating to the needs
of Naval Air Station Oceana, Virginia, that the Secretary
considers acceptable.
(3) Disposition of funds.--Cash received in exchange for
the fee title of the property conveyed under subsection
(a)(1) shall be deposited in the special account in the
Treasury established under subparagraph (A) of section
572(b)(5) of title 40, United States Code, and shall be
available for use in accordance with subparagraph (B)(ii) of
such section.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a)(1),
including costs related to environmental and real estate due
diligence, and any other administrative costs related to the
conveyance.
(2) Refund of excess amounts.--If amounts are collected
under paragraph (1) in
[[Page S8646]]
advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance under subsection
(a)(1), the Secretary shall refund the excess amount to the
City.
(3) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance under subsection
(a)(1). Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed
under subsection (a)(1) shall be determined by a survey
satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a)(1) as the Secretary
considers appropriate to protect the interests of the United
States.
Subtitle D--Other Matters
SEC. 2831. CONSIDERATION OF PUBLIC EDUCATION WHEN MAKING
BASING DECISIONS.
(a) In General.--Section 2883 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended--
(1) by redesignating subsections (e) through (j) as
subsections (f) through (k), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Education.--With regard to the military housing area
in which an installation subject to a basing decision covered
by subsection (a) is or will be located, the Secretary of the
military department concerned shall take into account the
extent to which high-quality public education is available
and accessible to dependents of members of the Armed Forces
in the military housing area by comparing the progress of
students served by relevant local educational agencies in the
State in which the installation and military housing area are
located under the statewide accountability system described
in section 1111 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311) as compared to the progress of all
students in such State under such system.''.
(b) Conforming Amendment.--Subsection (a) of such section
is amended by striking ``subsection (e)'' and inserting
``subsection (f)''.
SEC. 2832. DESIGNATION OF FACILITY AT ROCK ISLAND ARSENAL,
ILLINOIS.
The Secretary of the Army shall designate a facility
located at Rock Island Arsenal, Illinois, to be named after
Charles Carroll Smith, in recognition of his significant
public service contributions.
SEC. 2833. IMPROVEMENT OF SECURITY OF LODGING AND LIVING
SPACES ON MILITARY INSTALLATIONS.
(a) Assessment.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
conduct an assessment of all on-base dormitories and barracks
at military installations for purposes of identifying--
(1) locking mechanisms on points of entry into the main
facility, including doors and windows, or interior doors
leading into private sleeping areas that require replacing or
repairing;
(2) areas, such as exterior sidewalks, entry points, and
other public areas where closed-circuit television security
cameras should be installed; and
(3) other passive security measures, such as additional
lighting, that may be necessary to prevent crime, including
sexual assault.
(b) Emergency Repairs.--The Secretary shall make any
necessary repairs of broken locks or other safety mechanisms
discovered during the assessment conducted under subsection
(a) not later than 30 days after discovering the issue.
(c) Report.--
(1) In general.--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 on the results of
the assessment conducted under subsection (a).
(2) Elements.--The report under paragraph (1) shall
include--
(A) a cost estimate to make any improvements recommended
pursuant to the assessment under subsection (a),
disaggregated by military department and installation; and
(B) an estimated schedule for making such improvements.
SEC. 2834. EXPANSION OF AUTHORITY OF SECRETARY OF THE NAVY TO
LEASE AND LICENSE NAVY MUSEUM FACILITIES TO
GENERATE REVENUE TO SUPPORT MUSEUM
ADMINISTRATION AND OPERATIONS.
(a) Inclusion of All Navy Museums.--Section 2852 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3530) is
amended--
(1) in subsection (a)--
(A) by striking ``the Naval Historical Foundation any
portion of the facilities located at the Washington Naval
Yard, District of Columbia, that house the United States Navy
Museum'' and inserting ``a foundation established to support
a Navy museum any portion of the facilities of that Navy
museum'';
(B) by striking ``the Foundation'' and inserting ``the
foundation''; and
(C) by striking ``the United States Navy Museum'' both
places it appears and inserting ``that Navy museum'';
(2) in subsection (b), by striking ``the United States Navy
Museum'' and inserting ``the Navy museum of which the
facility is a part'';
(3) in subsection (c), by striking ``the Naval Historical
Foundation'' and inserting ``a foundation described in
subsection (a)''; and
(4) in subsection (d)--
(A) by striking ``the United States Navy Museum'' and
inserting ``the applicable Navy museum''; and
(B) by striking ``the Museum'' and inserting ``the
museum''.
(b) Conforming Clerical Amendment.--The section heading for
section 2852 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3530) is amended by striking ``at washington, navy
yard, district of columbia''.
SEC. 2835. PILOT PROGRAM ON ESTABLISHMENT OF ACCOUNT FOR
REIMBURSEMENT FOR USE OF TESTING FACILITIES AT
INSTALLATIONS OF THE DEPARTMENT OF THE AIR
FORCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force
shall establish a pilot program to authorize installations of
the Department of the Air Force to establish a reimbursable
account for the purpose of being reimbursed for the use of
testing facilities on such installation.
(b) Installations Selected.--The Secretary of the Air Force
shall select not more than two installations of the
Department of the Air Force to participate in the pilot
program under subsection (a) from among any such
installations that are part of the Air Force Flight Test
Center construct and are currently funded for Facilities
Sustainment, Restoration, and Modernization (FSRM) through
the Research, Development, Test, and Evaluation account of
the Department of the Air Force.
(c) Oversight of Funds.--For each installation selected for
the pilot program under subsection (a), the commander of such
installation shall have direct oversight over 50 percent of
the funds allocated to the installation for Facilities
Sustainment, Restoration, and Modernization and the Commander
of the Air Force Civil Engineer Center shall have direct
oversight over the remaining 50 percent of such funds.
(d) Briefing and Report.--
(1) Briefing.--Not later than 30 days after establishing
the pilot program under subsection (a), the Secretary of the
Air Force shall brief the congressional defense committees on
the pilot program.
(2) Annual report.--Not later than one year after
establishing the pilot program under subsection (a), and
annually thereafter, the Secretary of the Air Force shall
submit to the congressional defense committees a report on
the pilot program.
(e) Termination.--The pilot program under subsection (a)
shall terminate on December 1, 2026.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2022 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
Project 22-D-513, Power Sources Capability, Sandia National
Laboratories, Albuquerque, New Mexico, $13,827,000.
Project 22-D-514, Digital Infrastructure Capability
Expansion, Lawrence Livermore National Laboratory, Livermore,
California, $8,000,000.
Project 22-D-531, Chemistry and Radiological Health
Building, Knolls Atomic Power Laboratory, Niskayuna, New
York, $41,620,000.
Project 22-D-532, Security Upgrades, Knolls Atomic Power
Laboratory, Niskayuna, New York, $5,100,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2022 for defense environmental cleanup activities
in carrying out programs as specified in the funding table in
section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for defense environmental cleanup activities, the following
new plant projects:
Project 22-D-401, L-888, 400 Area Fire Station, Hanford
Site, Richland, Washington, $15,200,000.
[[Page S8647]]
Project 22-D-402, L-897, 200 Area Water Treatment Facility,
Hanford Site, Richland, Washington, $12,800,000.
Project 22-D-403, Spent Nuclear Fuel Staging Facility,
Idaho National Laboratory, Idaho Falls, Idaho, $3,000,000.
Project 22-D-404, Additional Idaho CERCLA Disposal Facility
Landfill Disposal Cell and Evaporation Ponds Project, Idaho
National Laboratory, Idaho Falls, Idaho, $5,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2022 for other defense
activities in carrying out programs as specified in the
funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2022 for nuclear energy
as specified in the funding table in section 4701.
Subtitle B--Nuclear Weapons Stockpile Matters
SEC. 3111. PORTFOLIO MANAGEMENT FRAMEWORK FOR NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall--
(1) in consultation with the Nuclear Weapons Council
established under section 179 of title 10, United States
Code, develop and implement a portfolio management framework
for the nuclear security enterprise that--
(A) defines the National Nuclear Security Administration's
portfolio of nuclear weapons stockpile and infrastructure
maintenance and modernization programs;
(B) establishes a portfolio governance structure, including
portfolio-level selection criteria, prioritization criteria,
and performance metrics;
(C) outlines the approach of the National Nuclear Security
Administration to managing that portfolio; and
(D) incorporates the leading practices identified by the
Government Accountability Office in its report entitled
``Nuclear Security Enterprise: NNSA Should Use Portfolio
Management Leading Practices to Support Modernization
Efforts'' (GAO-21-398) and dated June 2021; and
(2) complete an integrated, comprehensive assessment of the
portfolio management capabilities required to execute the
weapons activities portfolio of the National Nuclear Security
Administration.
(b) Briefing Requirement.--Not later than June 1, 2022, the
Administrator shall provide to the congressional defense
committees a briefing on--
(1) the progress of the Administrator in developing the
framework described in paragraph (1) of subsection (a) and
completing the assessment required by paragraph (2) of that
subsection; and
(2) the plans of the Administrator for implementing the
recommendations of the Government Accountability Office in
the report referred to in subsection (a)(1)(D).
(c) Nuclear Security Enterprise Defined.--In this section,
the term ``nuclear security enterprise'' has the meaning
given that term in section 4002 of the Atomic Energy Defense
Act (50 U.S.C. 2501).
SEC. 3112. REPORTS ON RISKS TO AND GAPS IN INDUSTRIAL BASE
FOR NUCLEAR WEAPONS COMPONENTS, SUBSYSTEMS, AND
MATERIALS.
Section 3113 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
subsection:
``(e) Reports Required.--The Administrator, acting through
the official designated under subsection (a), shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives, contemporaneously with each briefing
required by subsection (d)(2), a report that--
``(1) identifies actual or potential risks to or specific
gaps in any element of the industrial base that supports the
nuclear weapons components, subsystems, or materials of the
National Nuclear Security Administration;
``(2) describing the actions the Administration is taking
to further assess, characterize, and prioritize such risks
and gaps;
``(3) describing mitigating actions, if any, the
Administration has underway or planned to mitigate any such
risks or gaps;
``(4) setting forth the anticipated timelines and resources
needed for such mitigating actions; and
``(5) describing the nature of any coordination with or
burden sharing by other Federal agencies or the private
sector to address such risks and gaps.''.
SEC. 3113. SENSE OF SENATE ON OVERSIGHT ROLE OF CONGRESS IN
CONDUCT OF NUCLEAR WEAPONS TESTING.
It is the sense of the Senate that Congress should have an
oversight role in overseeing the United States Government's
ability to conduct nuclear weapons testing that produces
nuclear yield.
Subtitle C--Defense Environmental Cleanup Matters
PART I--ENVIRONMENTAL MANAGEMENT LIABILITY REDUCTION AND TECHNOLOGY
DEVELOPMENT
SEC. 3121. DEFINITIONS.
In this part:
(1) Complex.--The term ``complex'' means all sites managed
in whole or in part by the Office.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(4) Mission.--The term ``mission'' means the mission of the
Office.
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Office.--The term ``Office'' means the Office of
Environmental Management of the Department.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary for
Environmental Management.
SEC. 3122. INDEPENDENT ASSESSMENT AND MANAGEMENT OF DEFENSE
ENVIRONMENTAL CLEANUP PROGRAMS.
(a) Independent Assessment.--
(1) In general.--The Secretary shall obtain from the Corps
of Engineers an independent assessment of the lifecycle costs
and schedules of the defense environmental cleanup programs
of the Office.
(2) Focus of assessment.--The assessment under paragraph
(1) shall be focused on identifying key remaining technical
risks and uncertainties of the defense environmental cleanup
programs.
(3) Use of assessment.--The Office shall use the assessment
under paragraph (1)--
(A) to reevaluate the major defense environmental cleanup
challenges faced by the Office, including the timeline and
costs associated with addressing those challenges with
existing science and technology investments;
(B) to make any adjustments to the science and technology
development program of the Office that are necessary to
address those challenges;
(C) to evaluate potential savings from the development of
new technologies over the life of the cleanup programs of the
Office; and
(D) to provide recommendations to Congress with respect to
the annual funding levels for the Incremental Technology
Development Program established under section 3123(a) and the
High-Impact Technology Development Program established under
section 3124(a) that will ensure maximum cost-savings over
the life of the defense environmental cleanup programs of the
Office.
(4) No effect on program implementation.--Nothing in this
subsection affects the establishment, implementation, or
carrying out of any project or program under any other
provision of law, including this part, or under any existing
agreement or consent decree to which the Department is a
party, during the time period in which the assessment under
paragraph (1) is carried out.
(b) Management Process.--The Secretary shall design and
implement a science and technology management process for
identifying, prioritizing, selecting, developing, testing,
permitting, and deploying the new knowledge and technologies
needed to address the defense environmental cleanup
challenges faced by the Office, including the technical risks
and uncertainties identified by the assessment under
subsection (a).
(c) Peer Review.--The Secretary shall use independent peer
review to evaluate--
(1) the science and technology management process designed
under subsection (b) before that process is implemented;
(2) any science and technology projects before those
projects are funded; and
(3) the overall effectiveness and impact of the science and
technology efforts of the Office.
SEC. 3123. INCREMENTAL TECHNOLOGY DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a
program, to be known as the ``Incremental Technology
Development Program'' (in this section referred to as the
``program''), to improve the efficiency and effectiveness of
the defense environmental cleanup processes of the Office.
(b) Focus.--
(1) In general.--The program shall focus on the continuous
improvement of new or available technologies, including--
(A) decontamination chemicals and techniques;
(B) remote sensing and wireless communication to reduce
manpower and laboratory efforts;
(C) detection, assay, and certification instrumentation;
(D) packaging materials, methods, and shipping systems; and
(E) improving the overall efficiency and effectiveness of
the Office.
(2) Other areas.--The program may include mission-relevant
development, demonstration, and deployment activities
unrelated to the focus areas described in paragraph (1).
(c) Use of New and Emerging Technologies.--
(1) In general.--In carrying out the program, the Secretary
shall ensure that site offices of the Office conduct
technology development and demonstration of new and emerging
technologies to establish a sound technical basis for the
selection of technologies for defense environmental cleanup
or infrastructure operations.
(2) Collaboration required.--The Secretary shall
collaborate, to the extent practicable, with the heads of
other Federal agencies, the National Laboratories, other
Federal laboratories, appropriate State regulators and
agencies, and the Department of Labor in the development,
demonstration, testing, permitting, and deployment of new
technologies under the program.
[[Page S8648]]
(d) Agreements to Carry Out Projects.--
(1) In general.--In carrying out the program, the Secretary
may enter into agreements for technology development,
demonstration, and deployment projects to improve
technologies in accordance with subsection (b).
(2) Selection.--The Secretary shall select projects under
paragraph (1) through a rigorous process that involves--
(A) transparent and open competition; and
(B) an independent peer review process described in
paragraph (3).
(3) Peer review process.--
(A) In general.--Each technology development,
demonstration, and deployment project under consideration for
selection under paragraph (2) shall undergo an independent
peer review process by a panel of not fewer than 3 peer
reviewers selected in accordance with subparagraph (C), who
shall evaluate the project in accordance with the criteria
described in subparagraph (B), with the goal of maximizing--
(i) returns on the research and development expenditures of
the Office; and
(ii) the return on investment of funds made available under
the program.
(B) Criteria.--The criteria for peer review under
subparagraph (A), with respect to each project, including any
technology to be developed, demonstrated, or deployed by the
project, shall include an evaluation of--
(i) mission relevancy;
(ii) scientific and technical validity;
(iii) ability to meet an existing mission void;
(iv) superiority to alternatives;
(v) cost effectiveness;
(vi) ability to reduce risk;
(vii) regulatory compliance;
(viii) public acceptance; and
(ix) likelihood of implementation.
(C) Peer reviewers.--
(i) In general.--A peer reviewer for a project under
subparagraph (A) shall be selected--
(I) through a systematic approach to accessing peer
reviewer information that ensures the appropriate range of
expertise for the peer review panel; and
(II) from among--
(aa) contractors of the Department;
(bb) the National Laboratories;
(cc) other Federal Laboratories;
(dd) institutions of higher education; and
(ee) members of relevant professional societies.
(ii) Minimization of doe participation.--To the maximum
extent practicable, the peer reviewer selection process under
clause (i) shall minimize the participation of employees of
the Department as peer reviewers.
(iii) Minimization of conflicts of interest.--A peer
reviewer selected under clause (i) to review the project may
not be affiliated with the project being reviewed or the
entity that would carry out that project.
(D) Review process.--Each panel of peer reviewers shall
review a project under subparagraph (A)--
(i) using a process of regular review and staged decision
making that is comparable to other peer review programs; and
(ii) with rigorous attention to--
(I) the collection of activity; and
(II) the achievement of performance metrics.
(4) Cost-sharing.--The Federal share of the costs of the
development, demonstration, testing, permitting, and
deployment of new technologies carried out under this
subsection shall be not more than 70 percent.
SEC. 3124. HIGH-IMPACT TECHNOLOGY DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a
program, to be known as the ``High-Impact Technology
Development Program'' (in this section referred to as the
``program''), under which the Secretary shall enter into
agreements for projects that pursue technologies that, with
respect to the mission--
(1) holistically address difficult challenges;
(2) hold the promise of breakthrough improvements; or
(3) align existing or in-use technologies with difficult
challenges.
(b) Workshop.--The Secretary shall commence the program
with a workshop to identify, with respect to the technologies
developed pursuant to the program--
(1) the challenges that need to be addressed; and
(2) how--
(A) to maximize the impact of existing resources of the
Office; and
(B) to ensure that the technology development targets
challenges across the complex.
(c) Areas of Focus.--Areas of focus of a project carried
out under this section may include--
(1) developing and demonstrating improved methods for
source and plume characterization and monitoring, with an
emphasis on--
(A) real-time field acquisition; and
(B) the use of indicator species analyses with advanced
contaminant transport models to enable better understanding
of contaminant migration;
(2) developing and determining the limits of performance
for remediation technologies and integrated remedial systems
that prevent migration of contaminants, including by
producing associated guidance and design manuals for
technologies that could be widely used across the complex;
(3) demonstrating advanced monitoring approaches that use
multiple lines of evidence for monitoring long-term
performance of--
(A) remediation systems; and
(B) noninvasive near-field monitoring techniques;
(4) developing and demonstrating methods to characterize
the physical and chemical attributes of waste that control
behavior, with an emphasis on--
(A) rapid and nondestructive examination and assay
techniques; and
(B) methods to determine radio-nuclide, heavy metals, and
organic constituents;
(5) demonstrating the technical basis for determining when
enhanced or natural attenuation is an appropriate approach
for remediation of complex sites;
(6) developing and demonstrating innovative methods to
achieve real-time and, if practicable, in situ
characterization data for tank waste and process streams that
could be useful for all phases of the waste management
program, including improving the accuracy and
representativeness of characterization data for residual
waste in tanks and ancillary equipment;
(7) adapting existing waste treatment technologies or
demonstrating new waste treatment technologies at the pilot
plant scale using real wastes or realistic surrogates--
(A) to address engineering adaptations;
(B) to ensure compliance with waste treatment standards and
other applicable requirements under Federal and State law and
any existing agreements or consent decrees to which the
Department is a party; and
(C) to enable successful deployment at full-scale and in
support of operations;
(8) developing and demonstrating rapid testing protocols
that--
(A) are accepted by the Environmental Protection Agency,
the Nuclear Regulatory Commission, the Department, and the
scientific community;
(B) can be used to measure long-term waste form performance
under realistic disposal environments;
(C) can determine whether a stabilized waste is suitable
for disposal; and
(D) reduce the need for extensive, time-consuming, and
costly analyses on every batch of waste prior to disposal;
(9) developing and demonstrating direct stabilization
technologies to provide waste forms for disposing of
elemental mercury; and
(10) developing and demonstrating innovative and effective
retrieval methods for removal of waste residual materials
from tanks and ancillary equipment, including mobile
retrieval equipment or methods capable of immediately
removing waste from leaking tanks, and connecting pipelines.
(d) Project Selection.--
(1) Selection.--The Secretary shall select projects to be
carried out under the program through a rigorous process that
involves--
(A) transparent and open competition; and
(B) an independent peer review process described in
paragraph (2).
(2) Peer review process.--
(A) In general.--Each project under consideration for
selection under paragraph (1) shall undergo an independent
peer review process by a panel of not fewer than 3 peer
reviewers selected in accordance with subparagraph (B).
(B) Peer reviewers.--
(i) In general.--A peer reviewer for a project under
subparagraph (A) shall be selected--
(I) through a systematic approach to accessing peer
reviewer information that ensures the appropriate range of
expertise for the peer review panel; and
(II) from--
(aa) a relevant database, such as a database of chemical
engineers, geologists, physicists, materials scientists, or
biologists; or
(bb) among members of relevant professional societies.
(ii) Minimization of doe participation.--To the maximum
extent practicable, the peer reviewer selection process under
clause (i) shall minimize the participation of employees of
the Department as peer reviewers.
(iii) Minimization of conflicts of interest.--A peer
reviewer selected under clause (i) to review a project may
not be affiliated with the project being reviewed or the
entity that would carry out that project.
(C) Review process.--Each panel of peer reviewers shall
review a project under subparagraph (A)--
(i) using a process of regular review and staged decision
making that is comparable to other peer review programs; and
(ii) with rigorous attention to--
(I) the collection of activity; and
(II) the achievement of performance metrics.
SEC. 3125. ENVIRONMENTAL MANAGEMENT UNIVERSITY PROGRAM.
(a) Establishment.--The Secretary shall establish a
program, to be known as the ``Environmental Management
University Program'' (in this section referred to as the
``program'')--
(1) to engage faculty, post-doctoral fellows or
researchers, and graduate students of institutions of higher
education on subjects relating to the mission to show a clear
path for students for employment with the Department or
contractors of the Department;
(2) to provide to institutions of higher education--
(A) a source of new ideas; and
(B) access to advances in engineering and science;
(3) to clearly identify to institutions of higher education
the tools necessary to enter into the environmental
management field professionally; and
(4) to encourage current employees of the Department to
pursue advanced degrees.
[[Page S8649]]
(b) Areas of Focus.--Areas of focus of a project receiving
a grant under this section may include--
(1) the atomic- and molecular-scale chemistries of waste
processing;
(2) contaminant immobilization in engineered and natural
systems;
(3) developing innovative materials, with an emphasis on
nanomaterials or biomaterials, that could enable
sequestration of challenging hazardous or radioactive
constituents such as technetium and iodine;
(4) elucidating and exploiting complex speciation and
reactivity far from equilibrium;
(5) understanding and controlling chemical and physical
processes at interfaces;
(6) harnessing physical and chemical processes to
revolutionize separations;
(7) tailoring waste forms for contaminants in harsh
chemical environments; or
(8) predicting and understanding subsurface system behavior
and response to perturbations.
(c) Individual Research Grants.--In carrying out the
program, the Secretary may make individual research grants to
faculty, post-doctoral fellows or researchers, and graduate
students of institutions of higher education for 3-year
research projects, with an option for an extension of one
additional period of 2 years.
(d) Grants for Interdisciplinary Collaborations.--In
carrying out the program, the Secretary may make research
grants for strategic partnerships among scientists, faculty,
post-doctoral fellows or researchers, and graduate students
of institutions of higher education for 3-year research
projects.
(e) Hiring of Undergraduates.--In carrying out the program,
the Secretary may establish a summer internship program for
undergraduates of institutions of higher education to work on
projects relating to environmental management.
(f) Workshops.--In carrying out the program, the Secretary
may hold workshops with the Office of Environmental
Management, the Office of Science, and members of academia
and industry concerning environmental management challenges
and solutions.
PART II--OTHER MATTERS
SEC. 3131. COMPREHENSIVE STRATEGY FOR TREATING, STORING, AND
DISPOSING OF DEFENSE NUCLEAR WASTE RESULTING
FROM STOCKPILE MAINTENANCE AND MODERNIZATION
ACTIVITIES.
(a) In General.--Not later than one year after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the Administrator for Nuclear Security
shall submit to the congressional defense committees and the
Comptroller General of the United States a comprehensive
strategy for treating, storing, and disposing of defense
nuclear waste generated as a result of stockpile maintenance
and modernization activities.
(b) Elements.--The strategy required by subsection (a)
shall include the following:
(1) A projection of the location, type, and quantity of
defense nuclear waste the National Nuclear Security
Administration anticipates generating as a result of
stockpile maintenance and modernization activities during the
periods of five and ten fiscal years after the submission of
the strategy, with a long-term outlook for the period of 25
fiscal years after such submission.
(2) Budgetary estimates associated the projection under
paragraph (1) during the period of five fiscal years after
the submission of the strategy.
(3) A description of how the National Nuclear Security
Administration plans to coordinate with the Office of
Environmental Management of the Department of Energy to
treat, store, and dispose of the type and quantity of waste
projected to be generated under paragraph (1).
(4) An identification of--
(A) disposal facilities that could accept that waste;
(B) disposal facilities that could accept that waste with
modifications; and
(C) in the case of facilities described in subparagraph
(B), the modifications necessary for such facilities to
accept that waste.
(c) Follow-on Strategy.--Concurrent with the submission of
the budget of the President to Congress under section 1105(a)
of title 31, United States Code, for fiscal year 2027, the
Administrator shall submit to the congressional defense
committees a follow-on strategy to the strategy required by
subsection (a) that includes--
(1) the elements set forth in subsection (b); and
(2) any other matters that the Administrator considers
appropriate.
Subtitle D--Budget and Financial Management Matters
SEC. 3141. IMPROVEMENTS TO COST ESTIMATES INFORMING ANALYSES
OF ALTERNATIVES.
(a) In General.--Subtitle A of title XLVII of the Atomic
Energy Defense Act (50 U.S.C. 2741 et seq.) is amended by
adding at the end the following new section:
``SEC. 4718. IMPROVEMENTS TO COST ESTIMATES INFORMING
ANALYSES OF ALTERNATIVES.
``(a) Requirement for Analyses of Alternatives.--The
Administrator shall ensure that any cost estimate used in an
analysis of alternatives for a project carried out using
funds authorized by a DOE national security authorization is
designed to fully satisfy the requirements outlined in the
mission needs statement approved at critical decision 0 in
the acquisition process, as set forth in Department of Energy
Order 413.3B (relating to program management and project
management for the acquisition of capital assets) or a
successor order.
``(b) Use of Project Engineering and Design Funds.--In the
case of a project the total estimated cost of which exceeds
$500,000,000 and that has not reached critical decision 1 in
the acquisition process, the Administrator may use funds
authorized by a DOE national security authorization for
project engineering and design to begin the development of a
conceptual design to facilitate the development of a cost
estimate for the project during the analysis of alternatives
for the project if--
``(1) the Administrator--
``(A) determines that such use of funds would improve the
quality of the cost estimate for the project; and
``(B) notifies the congressional defense committees of that
determination; and
``(2) a period of 15 days has elapsed after the date on
which such committees receive the notification.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4717 the following new item:
``Sec. 4718. Improvements to cost estimates informing analyses of
alternatives.''.
SEC. 3142. MODIFICATION OF REQUIREMENTS FOR CERTAIN
CONSTRUCTION PROJECTS.
(a) Increase in Minor Construction Threshold for Plant
Projects.--Section 4701(2) of the Atomic Energy Defense Act
(50 U.S.C. 2741(2)) is amended by striking ``$20,000,000''
and inserting ``$25,000,000''.
(b) Notification Requirement for Certain Minor Construction
Projects.--
(1) In general.--Section 4703 of the Atomic Energy Defense
Act (50 U.S.C. 2743) is amended--
(A) by redesignating subsection (d) as subsection (e); and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Notification Required for Certain Projects.--
Notwithstanding subsection (a), the Secretary may not start a
minor construction project with a total estimated cost of
more than $5,000,000 until--
``(1) the Secretary notifies the congressional defense
committees of such project and total estimated cost; and
``(2) a period of 15 days has elapsed after the date on
which such notification is received.''.
(2) Conforming repeal.--Section 3118(c) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 50 U.S.C. 2743 note) is repealed.
(c) Increase in Construction Design Threshold.--Section
4706(b) of the Atomic Energy Defense Act (50 U.S.C. 2746(b))
is amended by striking ``$2,000,000'' each place it appears
and inserting ``$5,000,000''.
SEC. 3143. MODIFICATION TO TERMINOLOGY FOR REPORTS ON
FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE
ACTIVITIES.
Section 4732 of the Atomic Energy Defense Act (50 U.S.C.
2772) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (G), by striking ``committed'' and
inserting ``encumbered'';
(B) in subparagraph (H), by striking ``uncommitted'' and
inserting ``unencumbered''; and
(C) in subparagraph (I), by striking ``uncommitted'' and
inserting ``unencumbered''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (3);
(B) by redesignating paragraphs (2) and (4) as paragraphs
(1) and (3), respectively;
(C) in paragraph (1), as redesignated by subparagraph (B),
by striking ``by the contractor'' and inserting ``from the
contractor'';
(D) by inserting after paragraph (1), as so redesignated,
the following new paragraph (2):
``(2) Encumbered.--The term `encumbered', with respect to
funds, means the funds have been obligated to a contract and
are being held for a specific known purpose by the
contractor.'';
(E) in paragraph (3), as so redesignated, by striking ``by
the contractor'' and inserting ``from the contractor''; and
(F) by inserting after paragraph (3), as so redesignated,
the following new paragraph (4):
``(4) Unencumbered.--The term `unencumbered', with respect
to funds, means the funds have been obligated to a contract
and are not being held for a specific known purpose by the
contractor.''.
Subtitle E--Other Matters
SEC. 3151. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL
PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50
U.S.C. 2701(c)(1)) is amended by striking ``September 30,
2021'' and inserting ``September 30, 2026''.
SEC. 3152. EXTENSION OF ENHANCED PROCUREMENT AUTHORITY TO
MANAGE SUPPLY CHAIN RISK.
Section 4806(g) of the Atomic Energy Defense Act (50 U.S.C.
2786(g)) is amended by striking ``June 30, 2023'' and
inserting ``December 31, 2028''.
[[Page S8650]]
SEC. 3153. EXTENSION OF AUTHORITY FOR ACCEPTANCE OF
CONTRIBUTIONS FOR ACCELERATION OF REMOVAL OR
SECURITY OF FISSILE MATERIALS, RADIOLOGICAL
MATERIALS, AND RELATED EQUIPMENT AT VULNERABLE
SITES WORLDWIDE.
(a) In General.--Section 3132 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (50
U.S.C. 2569) is--
(1) transferred to title XLIII of the Atomic Energy Defense
Act (50 U.S.C. 2565 et seq.);
(2) redesignated as section 4306B;
(3) inserted after section 4306A; and
(4) amended, in subsection (f)(6), by striking ``December
31, 2023'' and inserting ``December 31, 2028''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4306A the following new item:
``Sec. 4306B. Acceleration of removal or security of fissile materials,
radiological materials, and related equipment at
vulnerable sites worldwide.''.
SEC. 3154. UPDATES TO INFRASTRUCTURE MODERNIZATION
INITIATIVE.
(a) In General.--Section 3111(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 50
U.S.C. 2402 note) is amended--
(1) in paragraph (2)(A)(i)(II), by striking ``$50,000,000''
and inserting ``$75,000,000'';
(2) in paragraph (3)--
(A) in the paragraph heading, by striking ``initial plan''
and inserting ``plan required''; and
(B) in the matter preceding subparagraph (A)--
(i) by striking ``2018'' and inserting ``2022''; and
(ii) by striking ``initial''; and
(3) in paragraph (4), by striking ``2024'' and inserting
``2023''.
(b) Certification.--Not later than March 1, 2023, and
annually thereafter through 2025, the Administrator for
Nuclear Security shall submit to the congressional defense
committees a certification with respect to whether the
updated plan required by paragraph (3) of section 3111(b) of
the National Defense Authorization Act for Fiscal Year 2018,
as amended by subsection (a), is being implemented in a
manner adequate to meet the goal set forth in paragraph (2)
of that section of reducing the backlog of deferred
maintenance and repair needs of the nuclear security
enterprise by not less than 30 percent by 2025.
SEC. 3155. ACQUISITION OF HIGH-PERFORMANCE COMPUTING
CAPABILITIES BY NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the Advanced Simulation and Computing Program of the
National Nuclear Security Administration is an essential
element of the Stockpile Stewardship Program; and
(2) developing the next generation of exascale high-
performance computers to conduct performance assessments of
nuclear weapons systems and next-generation weapons design is
in the national security interests of the United States.
(b) Roadmap for Acquisition.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall submit to the congressional defense committees
a roadmap for the acquisition by the Administration of high-
performance computing capabilities during the 10-year period
following submission of the roadmap.
(2) Elements.--The roadmap required by paragraph (1) shall
include the following:
(A) A description of the high-performance computing
capabilities required to support the mission of the
Administration as of the date on which the roadmap is
submitted under paragraph (1).
(B) An identification of any existing or anticipated gaps
in such capabilities.
(C) A description of the high-performance computing
capabilities anticipated to be required by the Administration
during the 10-year period following submission of the
roadmap, including computational performance and other
requirements, as appropriate.
(D) A description of the strategy of the Administration for
acquiring such capabilities.
(E) An assessment of the ability of the industrial base to
support that strategy.
(F) Such other matters the Administrator considers
appropriate.
(3) Consultation and considerations.--In developing the
roadmap required by paragraph (1), the Administrator shall--
(A) consult with the Secretary of Energy; and
(B) take into consideration the findings of the review of
the future of computing beyond exascale computing conducted
by the National Academy of Sciences under section 3172 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283).
(c) Independent Assessment of High-performance Computing
Acquisitions.--
(1) In general.--The Administrator shall enter into an
arrangement with a federally funded research and development
center to assess the first acquisition of high-performance
computing capabilities by the Administration after the date
of the enactment of this Act.
(2) Elements.--The assessment required by paragraph (1) of
the acquisition of high-performance computing capabilities
described in that paragraph shall include an assessment of
the following:
(A) The mission needs of the Administration met by the
acquisition.
(B) The evidence used to support the acquisition decision,
such as an analysis of alternatives or business case
analyses.
(C) Market research performed by the Advanced Simulation
and Computing Program related to the acquisition.
(3) Report required.--
(A) In general.--Not later than 90 days after entering into
the arrangement under paragraph (1), the Administrator shall
submit to the congressional defense committees a report on
the assessment conducted under paragraph (1).
(B) Form of report.--The report required by subparagraph
(A) shall be submitted in unclassified form but may include a
classified annex.
SEC. 3156. LIMITATION ON USE OF FUNDS FOR NAVAL NUCLEAR FUEL
SYSTEMS BASED ON LOW-ENRICHED URANIUM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act for fiscal year 2022 for the National Nuclear
Security Administration for research and development of an
advanced naval nuclear fuel system based on low-enriched
uranium, not more than 50 percent may be obligated or
expended until the following determinations are submitted to
the congressional defense committees:
(1) A determination made jointly by the Secretary of Energy
and the Secretary of Defense with respect to whether the
determination made jointly by the Secretary of Energy and the
Secretary of the Navy pursuant to section 3118(c)(1) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1196) and submitted to the
congressional defense committees on March 25, 2018, that the
United States should not pursue research and development of
an advanced naval nuclear fuel system based on low-enriched
uranium, remains valid.
(2) A determination by the Secretary of the Navy with
respect to whether an advanced naval nuclear fuel system
based on low-enriched uranium can be produced that would not
reduce vessel capability, increase expense, or reduce
operational availability as a result of refueling
requirements.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Administrator for Nuclear
Security shall submit to the congressional defense committees
a report on activities conducted using amounts made available
for fiscal year 2021 for development of nonproliferation
fuels, including a description of any progress made toward
technological or nonproliferation goals as a result of such
activities.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2022, $31,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. REFERENCES TO CHAIRPERSON AND VICE CHAIRPERSON OF
DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.) is amended--
(1) in section 311(c), in the subsection heading, by
striking ``Chairman, Vice Chairman'' and inserting
``Chairperson, Vice Chairperson''; and
(2) by striking ``Chairman'' each place it appears and
inserting ``Chairperson''.
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. MARITIME ADMINISTRATION.
Section 109 of title 49, United States Code, is amended to
read as follows:
``Sec. 109. Maritime Administration
``(a) Organization and Mission.--The Maritime
Administration is an administration in the Department of
Transportation. The mission of the Maritime Administration is
to foster, promote, and develop the merchant maritime
industry of the United States.
``(b) Maritime Administrator.--The head of the Maritime
Administration is the Maritime Administrator, who is
appointed by the President by and with the advice and consent
of the Senate. The Administrator shall report directly to the
Secretary of Transportation and carry out the duties
prescribed by the Secretary.
``(c) Deputy Maritime Administrator.--The Maritime
Administration shall have a Deputy Maritime Administrator,
who is appointed in the competitive service by the Secretary,
after consultation with the Administrator. The Deputy
Administrator shall carry out the duties prescribed by the
Administrator. The Deputy Administrator shall be Acting
Administrator during the absence or disability of the
Administrator and, unless the Secretary designates another
individual, during a vacancy in the office of Administrator.
``(d) Duties and Powers Vested in Secretary.--All duties
and powers of the Maritime Administration are vested in the
Secretary.
``(e) Regional Offices.--The Maritime Administration shall
have regional offices for the Atlantic, Gulf, Great Lakes,
and Pacific port ranges, and may have other regional offices
as necessary. The Secretary shall appoint a qualified
individual as Director of each regional office. The Secretary
shall carry out appropriate activities and programs of the
Maritime Administration through the regional offices.
[[Page S8651]]
``(f) Interagency and Industry Relations.--The Secretary
shall establish and maintain liaison with other agencies, and
with representative trade organizations throughout the United
States, concerned with the transportation of commodities by
water in the export and import foreign commerce of the United
States, for the purpose of securing preference to vessels of
the United States for the transportation of those
commodities.
``(g) Detailing Officers From Armed Forces.--To assist the
Secretary in carrying out duties and powers relating to the
Maritime Administration, not more than five officers of the
Armed Forces may be detailed to the Secretary at any one
time, in addition to details authorized by any other law.
During the period of a detail, the Secretary shall pay the
officer an amount that, when added to the officer's pay and
allowances as an officer in the Armed Forces, makes the
officer's total pay and allowances equal to the amount that
would be paid to an individual performing work the Secretary
considers to be of similar importance, difficulty, and
responsibility as that performed by the officer during the
detail.
``(h) Contracts, Cooperative Agreements, and Audits.--
``(1) Contracts and cooperative agreements.--In the same
manner that a private corporation may make a contract within
the scope of its authority under its charter, the Secretary
may make contracts and cooperative agreements for the United
States Government and disburse amounts to--
``(A) carry out the Secretary's duties and powers under
this section, subtitle V of title 46, and all other Maritime
Administration programs; and
``(B) protect, preserve, and improve collateral held by the
Secretary to secure indebtedness.
``(2) Audits.--The financial transactions of the Secretary
under paragraph (1) shall be audited by the Comptroller
General. The Comptroller General shall allow credit for an
expenditure shown to be necessary because of the nature of
the business activities authorized by this section or
subtitle V of title 46. At least once a year, the Comptroller
General shall report to Congress any departure by the
Secretary from this section or subtitle V of title 46.
``(i) Grant Administrative Expenses.--Except as otherwise
provided by law, the administrative and related expenses for
the administration of any grant programs by the Maritime
Administrator may not exceed 3 percent.
``(j) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this
subsection, there are authorized to be appropriated such
amounts as may be necessary to carry out the duties and
powers of the Secretary relating to the Maritime
Administration.
``(2) Limitations.--Only those amounts specifically
authorized by law may be appropriated for the use of the
Maritime Administration for--
``(A) acquisition, construction, or reconstruction of
vessels;
``(B) construction-differential subsidies incident to the
construction, reconstruction, or reconditioning of vessels;
``(C) costs of national defense features;
``(D) payments of obligations incurred for operating-
differential subsidies;
``(E) expenses necessary for research and development
activities, including reimbursement of the Vessel Operations
Revolving Fund for losses resulting from expenses of
experimental vessel operations;
``(F) the Vessel Operations Revolving Fund;
``(G) National Defense Reserve Fleet expenses;
``(H) expenses necessary to carry out part B of subtitle V
of title 46; and
``(I) other operations and training expenses related to the
development of waterborne transportation systems, the use of
waterborne transportation systems, and general
administration.''.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program,
or activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of
a dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive
procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may
be transferred or reprogrammed under a transfer or
reprogramming authority provided by another provision of this
Act or by other law. The transfer or reprogramming of an
amount specified in such funding tables shall not count
against a ceiling on such transfers or reprogrammings under
section 1001 or section 1522 of this Act or any other
provision of law, unless such transfer or reprogramming would
move funds between appropriation accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Senate
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
3 FUTURE UAS FAMILY.... 0 73,000
Army UFR--Replace [73,000]
Shadow UAS in 8 BCTs.
4 SMALL UNMANNED 16,005 16,005
AIRCRAFT SYSTEM.
ROTARY
7 AH-64 APACHE BLOCK 504,136 504,136
IIIA REMAN.
8 AH-64 APACHE BLOCK 192,230 192,230
IIIA REMAN.
10 UH-60 BLACKHAWK M 630,263 630,263
MODEL (MYP).
11 UH-60 BLACKHAWK M 146,068 146,068
MODEL (MYP).
12 UH-60 BLACK HAWK L 166,205 166,205
AND V MODELS.
13 CH-47 HELICOPTER..... 145,218 397,218
Army UFR--Support [252,000]
minimum sustainment
rate.
14 CH-47 HELICOPTER..... 18,559 18,559
MODIFICATION OF
AIRCRAFT
17 GRAY EAGLE MODS2..... 3,143 3,143
18 MULTI SENSOR ABN 127,665 127,665
RECON.
19 AH-64 MODS........... 118,560 118,560
20 CH-47 CARGO 9,918 12,918
HELICOPTER MODS
(MYP).
CH-47 cargo aircraft [3,000]
modifications.
21 GRCS SEMA MODS....... 2,762 2,762
22 ARL SEMA MODS........ 9,437 9,437
23 EMARSS SEMA MODS..... 1,568 1,568
24 UTILITY/CARGO 8,530 8,530
AIRPLANE MODS.
25 UTILITY HELICOPTER 15,826 15,826
MODS.
26 NETWORK AND MISSION 29,206 29,206
PLAN.
27 COMMS, NAV 58,117 58,117
SURVEILLANCE.
29 AVIATION ASSURED PNT. 47,028 47,028
30 GATM ROLLUP.......... 16,776 16,776
32 UAS MODS............. 3,840 3,840
GROUND SUPPORT
AVIONICS
33 AIRCRAFT 64,561 64,561
SURVIVABILITY
EQUIPMENT.
34 SURVIVABILITY CM..... 5,104 5,104
[[Page S8652]]
35 CMWS................. 148,570 148,570
36 COMMON INFRARED 240,412 240,412
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
38 COMMON GROUND 13,561 13,561
EQUIPMENT.
39 AIRCREW INTEGRATED 41,425 41,425
SYSTEMS.
40 AIR TRAFFIC CONTROL.. 21,759 21,759
TOTAL AIRCRAFT 2,806,452 3,134,452
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
2 LOWER TIER AIR AND 35,473 35,473
MISSILE DEFENSE
(AMD) SEN.
3 M-SHORAD--PROCUREMENT 331,575 331,575
4 MSE MISSILE.......... 776,696 776,696
5 PRECISION STRIKE 166,130 166,130
MISSILE (PRSM).
6 INDIRECT FIRE 25,253 25,253
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
7 HELLFIRE SYS SUMMARY. 118,800 118,800
8 JOINT AIR-TO-GROUND 152,177 219,177
MSLS (JAGM).
Army UFR--Additional [67,000]
JAGM procurement.
9 LONG RANGE PRECISION 44,744 44,744
MUNITION.
ANTI-TANK/ASSAULT
MISSILE SYS
10 JAVELIN (AAWS-M) 120,842 135,842
SYSTEM SUMMARY.
Army UFR--Light [15,000]
Weight Command
Launch Units.
11 TOW 2 SYSTEM SUMMARY. 104,412 104,412
12 GUIDED MLRS ROCKET 935,917 985,917
(GMLRS).
Army UFR--Restores [50,000]
GMLRS procurement.
13 MLRS REDUCED RANGE 29,574 29,574
PRACTICE ROCKETS
(RRPR).
14 HIGH MOBILITY 128,438 128,438
ARTILLERY ROCKET
SYSTEM (HIMARS.
16 LETHAL MINIATURE 68,278 68,278
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
17 PATRIOT MODS......... 205,469 205,469
21 AVENGER MODS......... 11,227 11,227
22 ITAS/TOW MODS........ 4,561 4,561
23 MLRS MODS............ 273,856 273,856
24 HIMARS MODIFICATIONS. 7,192 7,192
SPARES AND REPAIR
PARTS
25 SPARES AND REPAIR 5,019 5,019
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
26 AIR DEFENSE TARGETS.. 10,618 10,618
TOTAL MISSILE 3,556,251 3,688,251
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
1 ARMORED MULTI PURPOSE 104,727 104,727
VEHICLE (AMPV).
2 ASSAULT BREACHER 16,454 16,454
VEHICLE (ABV).
3 MOBILE PROTECTED 286,977 286,977
FIREPOWER.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
5 STRYKER UPGRADE...... 1,005,028 1,005,028
6 BRADLEY PROGRAM (MOD) 461,385 518,354
Army UFR--Improved [56,969]
Bradley Acquisition
System upgrade.
7 M109 FOV 2,534 2,534
MODIFICATIONS.
8 PALADIN INTEGRATED 446,430 645,930
MANAGEMENT (PIM).
Army UFR--PIM [199,500]
increase.
9 IMPROVED RECOVERY 52,059 52,059
VEHICLE (M88A2
HERCULES).
10 ASSAULT BRIDGE (MOD). 2,136 2,136
13 JOINT ASSAULT BRIDGE. 110,773 110,773
15 ABRAMS UPGRADE 981,337 1,350,337
PROGRAM.
Army UFR--Abrams ARNG [369,000]
M1A2SEPv3 fielding.
16 VEHICLE PROTECTION 80,286 80,286
SYSTEMS (VPS).
WEAPONS & OTHER
COMBAT VEHICLES
18 MULTI-ROLE ANTI-ARMOR 31,623 31,623
ANTI-PERSONNEL
WEAPON S.
19 MORTAR SYSTEMS....... 37,485 50,338
Army UFR--120mm [12,853]
mortar cannon.
20 XM320 GRENADE 8,666 8,666
LAUNCHER MODULE
(GLM).
21 PRECISION SNIPER 11,040 11,040
RIFLE.
23 CARBINE.............. 4,434 4,434
24 NEXT GENERATION SQUAD 97,087 97,087
WEAPON.
26 HANDGUN.............. 4,930 4,930
MOD OF WEAPONS AND
OTHER COMBAT VEH
27 MK-19 GRENADE MACHINE 13,027 13,027
GUN MODS.
28 M777 MODS............ 21,976 23,771
Army UFR--Software [1,795]
Defined Radio-
Hardware Integration
Kits.
30 M2 50 CAL MACHINE GUN 3,612 21,527
MODS.
Army UFR--Additional [17,915]
M2A1s for MATVs.
SUPPORT EQUIPMENT &
FACILITIES
36 ITEMS LESS THAN $5.0M 1,068 1,068
(WOCV-WTCV).
37 PRODUCTION BASE 90,819 90,819
SUPPORT (WOCV-WTCV).
TOTAL PROCUREMENT OF 3,875,893 4,533,925
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
1 CTG, 5.56MM, ALL 47,490 79,890
TYPES.
[[Page S8653]]
Army UFR--Enhanced [32,400]
Performance Round
and Tracer.
2 CTG, 7.62MM, ALL 74,870 74,870
TYPES.
3 NEXT GENERATION SQUAD 76,794 76,794
WEAPON AMMUNITION.
4 CTG, HANDGUN, ALL 7,812 7,812
TYPES.
5 CTG, .50 CAL, ALL 29,716 29,716
TYPES.
6 CTG, 20MM, ALL TYPES. 4,371 4,371
8 CTG, 30MM, ALL TYPES. 34,511 34,511
9 CTG, 40MM, ALL TYPES. 35,231 49,231
Army UFR--MK19 [14,000]
training and war
reserves.
MORTAR AMMUNITION
10 60MM MORTAR, ALL 23,219 23,219
TYPES.
11 81MM MORTAR, ALL 52,135 52,135
TYPES.
12 120MM MORTAR, ALL 104,144 104,144
TYPES.
TANK AMMUNITION
13 CARTRIDGES, TANK, 224,503 323,821
105MM AND 120MM, ALL
TYPES.
Army UFR--Tank main [99,318]
gun ammo.
ARTILLERY AMMUNITION
14 ARTILLERY CARTRIDGES, 26,709 26,709
75MM & 105MM, ALL
TYPES.
15 ARTILLERY PROJECTILE, 174,015 204,859
155MM, ALL TYPES.
Army UFR--Additional [30,844]
inventory.
16 PROJ 155MM EXTENDED 73,498 73,498
RANGE M982.
17 ARTILLERY 150,873 150,873
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
18 MINES & CLEARING 25,980 25,980
CHARGES, ALL TYPES.
19 CLOSE TERRAIN SHAPING 34,761 34,761
OBSTACLE.
ROCKETS
20 SHOULDER LAUNCHED 24,408 24,408
MUNITIONS, ALL TYPES.
21 ROCKET, HYDRA 70, ALL 109,536 109,536
TYPES.
OTHER AMMUNITION
22 CAD/PAD, ALL TYPES... 6,549 6,549
23 DEMOLITION MUNITIONS, 27,904 27,904
ALL TYPES.
24 GRENADES, ALL TYPES.. 37,437 37,437
25 SIGNALS, ALL TYPES... 7,530 7,530
26 SIMULATORS, ALL TYPES 8,350 8,350
27 REACTIVE ARMOR TILES. 17,755 17,755
MISCELLANEOUS
28 AMMO COMPONENTS, ALL 2,784 2,784
TYPES.
29 ITEMS LESS THAN $5 17,797 17,797
MILLION (AMMO).
30 AMMUNITION PECULIAR 12,290 12,290
EQUIPMENT.
31 FIRST DESTINATION 4,331 4,331
TRANSPORTATION
(AMMO).
32 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
34 INDUSTRIAL FACILITIES 538,120 642,620
Army UFR--Demolition [40,000]
of Legacy Nitrate
Esters
(Nitroglycerin) NG1
Facility, Radford
Army Ammunition
Plant (RFAAP),
Virginia.
Army UFR-- [40,000]
Environmental,
Safety,
Construction,
Maintenance and
Repair of GOCO
Facilities in VA,
TN, MO, PA, & IA.
Army UFR-- [12,000]
Pyrotechnics
Energetic Capability
(PEC) construction
at Lake City Army
Ammunition Plant
(LCAAP), Missouri.
Army UFR--Solvent [12,500]
Propellant Facility,
Preliminary Design,
Radford Army
Ammunition Plant,
Virginia.
35 CONVENTIONAL 139,410 139,410
MUNITIONS
DEMILITARIZATION.
36 ARMS INITIATIVE...... 3,178 3,178
TOTAL PROCUREMENT OF 2,158,110 2,439,172
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
2 SEMITRAILERS, 12,539 18,931
FLATBED:.
Army UFR--M872 [6,392]
semitrailer.
3 SEMITRAILERS, TANKERS 17,985 17,985
4 HI MOB MULTI-PURP 60,706 60,706
WHLD VEH (HMMWV).
5 GROUND MOBILITY 29,807 34,807
VEHICLES (GMV).
Infantry Squad [5,000]
Vehicle.
8 JOINT LIGHT TACTICAL 574,562 694,562
VEHICLE FAMILY OF
VEHICL.
Army UFR--Additional [120,000]
JLTV fielding.
9 TRUCK, DUMP, 20T 9,882 9,882
(CCE).
10 FAMILY OF MEDIUM 36,885 36,885
TACTICAL VEH (FMTV).
11 FAMILY OF COLD 16,450 16,450
WEATHER ALL-TERRAIN
VEHICLE (C.
12 FIRETRUCKS & 26,256 26,256
ASSOCIATED
FIREFIGHTING EQUIP.
13 FAMILY OF HEAVY 64,282 64,282
TACTICAL VEHICLES
(FHTV).
14 PLS ESP.............. 16,943 16,943
17 TACTICAL WHEELED 17,957 17,957
VEHICLE PROTECTION
KITS.
18 MODIFICATION OF IN 29,349 29,349
SVC EQUIP.
NON-TACTICAL VEHICLES
20 PASSENGER CARRYING 1,232 1,232
VEHICLES.
21 NONTACTICAL VEHICLES, 24,246 24,246
OTHER.
COMM--JOINT
COMMUNICATIONS
22 SIGNAL MODERNIZATION 140,036 142,536
PROGRAM.
Army UFR--Multi- [2,500]
Domain Task Force
All-Domain
Operations Center
cloud pilot.
23 TACTICAL NETWORK 436,524 436,524
TECHNOLOGY MOD IN
SVC.
25 DISASTER INCIDENT 3,863 3,863
RESPONSE COMMS
TERMINAL (DI.
26 JCSE EQUIPMENT 4,845 4,845
(USRDECOM).
[[Page S8654]]
COMM--SATELLITE
COMMUNICATIONS
29 DEFENSE ENTERPRISE 97,369 97,369
WIDEBAND SATCOM
SYSTEMS.
30 TRANSPORTABLE 120,550 120,550
TACTICAL COMMAND
COMMUNICATIONS.
31 SHF TERM............. 38,129 38,129
32 ASSURED POSITIONING, 115,291 115,291
NAVIGATION AND
TIMING.
33 SMART-T (SPACE)...... 15,407 15,407
34 GLOBAL BRDCST SVC-- 2,763 2,763
GBS.
COMM--C3 SYSTEM
37 COE TACTICAL SERVER 99,858 99,858
INFRASTRUCTURE (TSI).
COMM--COMBAT
COMMUNICATIONS
38 HANDHELD MANPACK 775,069 775,069
SMALL FORM FIT (HMS).
40 ARMY LINK 16 SYSTEMS. 17,749 17,749
42 UNIFIED COMMAND SUITE 17,984 17,984
43 COTS COMMUNICATIONS 191,702 191,702
EQUIPMENT.
44 FAMILY OF MED COMM 15,957 15,957
FOR COMBAT CASUALTY
CARE.
45 ARMY COMMUNICATIONS & 89,441 89,441
ELECTRONICS.
COMM--INTELLIGENCE
COMM
47 CI AUTOMATION 13,317 13,317
ARCHITECTURE-INTEL.
48 DEFENSE MILITARY 5,207 5,207
DECEPTION INITIATIVE.
49 MULTI-DOMAIN 20,095 20,095
INTELLIGENCE.
INFORMATION SECURITY
51 INFORMATION SYSTEM 987 987
SECURITY PROGRAM-
ISSP.
52 COMMUNICATIONS 126,273 126,273
SECURITY (COMSEC).
53 DEFENSIVE CYBER 27,389 31,489
OPERATIONS.
Army UFR-- [4,100]
Cybersecurity / IT
Network Mapping.
56 SIO CAPABILITY....... 21,303 21,303
57 BIOMETRIC ENABLING 914 914
CAPABILITY (BEC).
COMM--LONG HAUL
COMMUNICATIONS
59 BASE SUPPORT 9,209 9,209
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
60 INFORMATION SYSTEMS.. 219,026 219,026
61 EMERGENCY MANAGEMENT 4,875 4,875
MODERNIZATION
PROGRAM.
64 INSTALLATION INFO 223,001 225,041
INFRASTRUCTURE MOD
PROGRAM.
EUCOM UFR--Mission [2,040]
Partner Environment.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
67 JTT/CIBS-M........... 5,463 5,463
68 TERRESTRIAL LAYER 39,240 39,240
SYSTEMS (TLS).
70 DCGS-A-INTEL......... 92,613 119,563
Army UFR--Additional [26,950]
fixed node cloud
servers.
71 JOINT TACTICAL GROUND 8,088 8,088
STATION (JTAGS)-
INTEL.
72 TROJAN............... 30,828 30,828
73 MOD OF IN-SVC EQUIP 39,039 39,039
(INTEL SPT).
74 BIOMETRIC TACTICAL 11,097 11,097
COLLECTION DEVICES.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
76 EW PLANNING & 783 783
MANAGEMENT TOOLS
(EWPMT).
77 AIR VIGILANCE (AV)... 13,486 13,486
79 FAMILY OF PERSISTENT 14,414 14,414
SURVEILLANCE CAP..
80 COUNTERINTELLIGENCE/ 19,111 19,111
SECURITY
COUNTERMEASURES.
81 CI MODERNIZATION..... 421 421
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
82 SENTINEL MODS........ 47,642 47,642
83 NIGHT VISION DEVICES. 1,092,341 822,575
Program reduction-- [-269,766]
IVAS early to need.
84 SMALL TACTICAL 21,103 21,103
OPTICAL RIFLE
MOUNTED MLRF.
85 INDIRECT FIRE 6,153 6,153
PROTECTION FAMILY OF
SYSTEMS.
86 FAMILY OF WEAPON 184,145 184,145
SIGHTS (FWS).
87 ENHANCED PORTABLE 2,371 2,371
INDUCTIVE ARTILLERY
FUZE SE.
88 FORWARD LOOKING 11,929 11,929
INFRARED (IFLIR).
89 COUNTER SMALL 60,058 60,058
UNMANNED AERIAL
SYSTEM (C-SUAS).
90 JOINT BATTLE COMMAND-- 263,661 263,661
PLATFORM (JBC-P).
91 JOINT EFFECTS 62,082 62,082
TARGETING SYSTEM
(JETS).
93 COMPUTER BALLISTICS: 2,811 2,811
LHMBC XM32.
94 MORTAR FIRE CONTROL 17,236 17,236
SYSTEM.
95 MORTAR FIRE CONTROL 2,830 2,830
SYSTEMS
MODIFICATIONS.
96 COUNTERFIRE RADARS... 31,694 31,694
ELECT EQUIP--TACTICAL
C2 SYSTEMS
97 ARMY COMMAND POST 49,410 49,410
INTEGRATED
INFRASTRUCTURE (.
98 FIRE SUPPORT C2 9,853 9,853
FAMILY.
99 AIR & MSL DEFENSE 67,193 67,193
PLANNING & CONTROL
SYS.
100 IAMD BATTLE COMMAND 301,872 301,872
SYSTEM.
101 LIFE CYCLE SOFTWARE 5,182 5,182
SUPPORT (LCSS).
102 NETWORK MANAGEMENT 31,349 31,349
INITIALIZATION AND
SERVICE.
104 GLOBAL COMBAT SUPPORT 11,271 11,271
SYSTEM-ARMY (GCSS-A).
105 INTEGRATED PERSONNEL 16,077 16,077
AND PAY SYSTEM-ARMY
(IPP.
107 MOD OF IN-SVC 3,160 3,160
EQUIPMENT (ENFIRE).
ELECT EQUIP--
AUTOMATION
108 ARMY TRAINING 9,833 9,833
MODERNIZATION.
109 AUTOMATED DATA 130,924 133,924
PROCESSING EQUIP.
Army UFR--ATRRS [3,000]
unlimited data
rights.
110 ACCESSIONS 44,635 44,635
INFORMATION
ENVIRONMENT (AIE).
111 GENERAL FUND 1,452 1,452
ENTERPRISE BUSINESS
SYSTEMS FAM.
112 HIGH PERF COMPUTING 69,943 69,943
MOD PGM (HPCMP).
[[Page S8655]]
113 CONTRACT WRITING 16,957 16,957
SYSTEM.
114 CSS COMMUNICATIONS... 73,110 73,110
115 RESERVE COMPONENT 12,905 12,905
AUTOMATION SYS
(RCAS).
ELECT EQUIP--SUPPORT
117 BCT EMERGING 13,835 13,835
TECHNOLOGIES.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 18,304 18,304
CHEMICAL DEFENSIVE
EQUIPMENT
119 BASE DEFENSE SYSTEMS 62,295 62,295
(BDS).
120 CBRN DEFENSE......... 55,632 66,932
CNGB UFR--Man [11,300]
portable
radiological
detection system.
BRIDGING EQUIPMENT
122 TACTICAL BRIDGING.... 9,625 9,625
123 TACTICAL BRIDGE, 76,082 76,082
FLOAT-RIBBON.
124 BRIDGE SUPPLEMENTAL 19,867 19,867
SET.
125 COMMON BRIDGE 109,796 109,796
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
126 HANDHELD STANDOFF 5,628 5,628
MINEFIELD DETECTION
SYS-HST.
128 HUSKY MOUNTED 26,823 75,159
DETECTION SYSTEM
(HMDS).
Army UFR--Additional [48,336]
HMDS.
131 ROBOTICS AND APPLIQUE 124,233 134,237
SYSTEMS.
Army UFR--Common [10,004]
Robotic System-
Individual (CRS-I).
132 RENDER SAFE SETS KITS 84,000 87,158
OUTFITS.
Army UFR--Additional [3,158]
render safe
equipment.
COMBAT SERVICE
SUPPORT EQUIPMENT
134 HEATERS AND ECU'S.... 7,116 7,116
135 SOLDIER ENHANCEMENT.. 1,286 1,286
136 PERSONNEL RECOVERY 9,741 9,741
SUPPORT SYSTEM
(PRSS).
137 GROUND SOLDIER SYSTEM 150,244 150,244
138 MOBILE SOLDIER POWER. 17,815 17,815
139 FORCE PROVIDER....... 28,860 28,860
140 FIELD FEEDING 2,321 2,321
EQUIPMENT.
141 CARGO AERIAL DEL & 40,240 40,240
PERSONNEL PARACHUTE
SYSTEM.
142 FAMILY OF ENGR COMBAT 36,163 36,163
AND CONSTRUCTION
SETS.
PETROLEUM EQUIPMENT
144 QUALITY SURVEILLANCE 744 744
EQUIPMENT.
145 DISTRIBUTION SYSTEMS, 72,296 76,716
PETROLEUM & WATER.
Army UFR--Modular [4,420]
Fuel System (MFS).
MEDICAL EQUIPMENT
146 COMBAT SUPPORT 122,145 122,145
MEDICAL.
MAINTENANCE EQUIPMENT
147 MOBILE MAINTENANCE 14,756 14,756
EQUIPMENT SYSTEMS.
CONSTRUCTION
EQUIPMENT
154 ALL TERRAIN CRANES... 112,784 112,784
156 CONST EQUIP ESP...... 8,694 8,694
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
158 ARMY WATERCRAFT ESP.. 44,409 58,009
Army UFR--Landing [13,600]
Craft Utility
modernization.
159 MANEUVER SUPPORT 76,660 76,660
VESSEL (MSV).
GENERATORS
161 GENERATORS AND 47,606 47,606
ASSOCIATED EQUIP.
162 TACTICAL ELECTRIC 10,500 10,500
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
163 FAMILY OF FORKLIFTS.. 13,325 13,325
TRAINING EQUIPMENT
164 COMBAT TRAINING 79,565 79,565
CENTERS SUPPORT.
165 TRAINING DEVICES, 174,644 174,644
NONSYSTEM.
166 SYNTHETIC TRAINING 122,104 122,104
ENVIRONMENT (STE).
168 GAMING TECHNOLOGY IN 11,642 11,642
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
170 INTEGRATED FAMILY OF 42,934 42,934
TEST EQUIPMENT
(IFTE).
172 TEST EQUIPMENT 24,304 24,304
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
174 PHYSICAL SECURITY 86,930 86,930
SYSTEMS (OPA3).
175 BASE LEVEL COMMON 27,823 27,823
EQUIPMENT.
176 MODIFICATION OF IN- 32,392 48,292
SVC EQUIPMENT (OPA-
3).
Expeditionary solid [15,900]
waste disposal
system.
177 BUILDING, PRE-FAB, 32,227 32,227
RELOCATABLE.
179 SPECIAL EQUIPMENT FOR 76,917 76,917
TEST AND EVALUATION.
OPA2
180 INITIAL SPARES--C&E.. 9,272 9,272
TOTAL OTHER 8,873,558 8,880,492
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
1 F/A-18E/F (FIGHTER) 87,832 87,832
HORNET.
3 JOINT STRIKE FIGHTER 2,111,009 2,646,009
CV.
Navy UFR--Additional [535,000]
F-35C.
4 JOINT STRIKE FIGHTER 246,781 246,781
CV.
5 JSF STOVL............ 2,256,829 2,256,829
6 JSF STOVL............ 216,720 345,520
Marine Corps UFR--F- [128,800]
35 peculiar ground
support equipment.
[[Page S8656]]
7 CH-53K (HEAVY LIFT).. 1,286,296 1,536,296
Additional aircraft.. [250,000]
8 CH-53K (HEAVY LIFT).. 182,871 182,871
9 V-22 (MEDIUM LIFT)... 751,716 1,123,716
Marine Corps UFR--MV- [18,000]
22 nacelle
maintenance stands.
Marine Corps UFR--MV- [15,000]
22 support equipment.
Marine Corps UFR--MV- [4,600]
22 tooling for
WESTPAC.
Navy UFR--Additional [334,400]
V-22B.
11 H-1 UPGRADES (UH-1Y/ 939 939
AH-1Z).
13 P-8A POSEIDON........ 44,595 44,595
14 E-2D ADV HAWKEYE..... 766,788 957,788
Navy UFR--Additional [191,000]
E-2D.
15 E-2D ADV HAWKEYE..... 118,095 118,095
TRAINER AIRCRAFT
16 ADVANCED HELICOPTER 163,490 163,490
TRAINING SYSTEM.
OTHER AIRCRAFT
17 KC-130J.............. 520,787 1,055,987
Marine Corps UFR--KC- [31,500]
130J weapons system
trainer.
Marine Corps UFR-- [197,900]
Replace KC-130J
aircraft.
Navy UFR--Additional [305,800]
C-130J-30.
18 KC-130J.............. 68,088 68,088
21 MQ-4 TRITON.......... 160,151 483,151
Additional aircraft.. [323,000]
23 MQ-8 UAV............. 49,249 49,249
24 STUASL0 UAV.......... 13,151 13,151
25 MQ-25................ 47,468 47,468
27 MARINE GROUP 5 UAS... 233,686 293,686
Marine Corps UFR-- [40,000]
Additional aircraft.
Marine Corps UFR-- [20,000]
Additional ground
control stations.
MODIFICATION OF
AIRCRAFT
30 F-18 A-D UNIQUE...... 163,095 245,595
Marine Corps UFR--F- [55,000]
18 ALR-67(V)5 radar
warning receiver.
Marine Corps UFR--F- [27,500]
18C/D AESA radar
upgrade.
31 F-18E/F AND EA-18G 482,899 482,899
MODERNIZATION AND
SUSTAINM.
32 MARINE GROUP 5 UAS 1,982 1,982
SERIES.
33 AEA SYSTEMS.......... 23,296 23,296
34 AV-8 SERIES.......... 17,882 17,882
35 INFRARED SEARCH AND 138,827 138,827
TRACK (IRST).
36 ADVERSARY............ 143,571 155,971
Marine Corps UFR-- [12,400]
Upgrade of current
VMFT-401 adversary
aircraft.
37 F-18 SERIES.......... 327,571 327,571
38 H-53 SERIES.......... 112,436 112,436
39 MH-60 SERIES......... 94,794 94,794
40 H-1 SERIES........... 124,194 124,194
41 EP-3 SERIES.......... 28,848 28,848
42 E-2 SERIES........... 204,826 204,826
43 TRAINER A/C SERIES... 7,849 7,849
44 C-2A................. 2,843 2,843
45 C-130 SERIES......... 145,610 145,610
46 FEWSG................ 734 734
47 CARGO/TRANSPORT A/C 10,682 10,682
SERIES.
48 E-6 SERIES........... 128,029 128,029
49 EXECUTIVE HELICOPTERS 45,326 45,326
SERIES.
51 T-45 SERIES.......... 158,772 158,772
52 POWER PLANT CHANGES.. 24,915 24,915
53 JPATS SERIES......... 22,955 22,955
54 AVIATION LIFE SUPPORT 2,477 2,477
MODS.
55 COMMON ECM EQUIPMENT. 119,574 127,174
Marine Corps UFR--F- [7,600]
18 ALE-39 to ALE-47
retrofit.
56 COMMON AVIONICS 118,839 118,839
CHANGES.
57 COMMON DEFENSIVE 5,476 5,476
WEAPON SYSTEM.
58 ID SYSTEMS........... 13,154 13,154
59 P-8 SERIES........... 131,298 161,998
Navy UFR--P-8A Inc [30,700]
III kits.
60 MAGTF EW FOR AVIATION 29,151 35,451
Marine Corps UFR-- [6,300]
Increase EW of AN/
ALQ-231(V)3.
61 MQ-8 SERIES.......... 31,624 31,624
62 V-22 (TILT/ROTOR 312,835 352,135
ACFT) OSPREY.
Marine Corps UFR--MV- [39,300]
22 Mesh Network
Manager.
63 NEXT GENERATION 266,676 266,676
JAMMER (NGJ).
64 F-35 STOVL SERIES.... 177,054 177,054
65 F-35 CV SERIES....... 138,269 138,269
66 QRC.................. 98,563 98,563
67 MQ-4 SERIES.......... 7,100 7,100
68 RQ-21 SERIES......... 14,123 14,123
AIRCRAFT SPARES AND
REPAIR PARTS
72 SPARES AND REPAIR 2,339,077 2,466,977
PARTS.
Marine Corps UFR--F- [117,800]
35B engine spares.
Marine Corps UFR--KC- [7,000]
130J initial spares.
Marine Corps UFR--KC- [3,100]
130J weapons system
trainer initial
spares.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
73 COMMON GROUND 517,267 517,267
EQUIPMENT.
[[Page S8657]]
74 AIRCRAFT INDUSTRIAL 80,500 80,500
FACILITIES.
75 WAR CONSUMABLES...... 42,496 42,496
76 OTHER PRODUCTION 21,374 21,374
CHARGES.
77 SPECIAL SUPPORT 271,774 271,774
EQUIPMENT.
TOTAL AIRCRAFT 16,477,178 19,178,878
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
1 TRIDENT II MODS...... 1,144,446 1,144,446
SUPPORT EQUIPMENT &
FACILITIES
2 MISSILE INDUSTRIAL 7,319 7,319
FACILITIES.
STRATEGIC MISSILES
3 TOMAHAWK............. 124,513 124,513
TACTICAL MISSILES
5 SIDEWINDER........... 86,366 86,366
6 STANDARD MISSILE..... 521,814 521,814
7 STANDARD MISSILE..... 45,357 45,357
8 JASSM................ 37,039 37,039
9 SMALL DIAMETER BOMB 40,877 40,877
II.
10 RAM.................. 92,981 92,981
11 JOINT AIR GROUND 49,702 49,702
MISSILE (JAGM).
12 HELLFIRE............. 7,557 7,557
13 AERIAL TARGETS....... 150,339 150,339
14 DRONES AND DECOYS.... 30,321 30,321
15 OTHER MISSILE SUPPORT 3,474 16,074
Marine Corps UFR--AGM- [12,600]
167A Griffin.
16 LRASM................ 161,212 161,212
17 NAVAL STRIKE MISSILE 59,331 113,231
(NSM).
Navy UFR--Additional [53,900]
NSM.
MODIFICATION OF
MISSILES
18 TOMAHAWK MODS........ 206,233 206,233
19 ESSM................. 248,619 248,619
21 AARGM................ 116,345 116,345
22 STANDARD MISSILES 148,834 148,834
MODS.
SUPPORT EQUIPMENT &
FACILITIES
23 WEAPONS INDUSTRIAL 1,819 1,819
FACILITIES.
ORDNANCE SUPPORT
EQUIPMENT
26 ORDNANCE SUPPORT 191,905 191,905
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
27 SSTD................. 4,545 4,545
28 MK-48 TORPEDO........ 159,107 209,007
Navy UFR--Heavyweight [49,900]
Torpedo (HWT)
quantity increase.
29 ASW TARGETS.......... 13,630 13,630
MOD OF TORPEDOES AND
RELATED EQUIP
30 MK-54 TORPEDO MODS... 106,112 106,112
31 MK-48 TORPEDO ADCAP 35,680 35,680
MODS.
32 MARITIME MINES....... 8,567 8,567
SUPPORT EQUIPMENT
33 TORPEDO SUPPORT 93,400 93,400
EQUIPMENT.
34 ASW RANGE SUPPORT.... 3,997 3,997
DESTINATION
TRANSPORTATION
35 FIRST DESTINATION 4,023 4,023
TRANSPORTATION.
GUNS AND GUN MOUNTS
36 SMALL ARMS AND 14,909 14,909
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
37 CIWS MODS............ 6,274 6,274
38 COAST GUARD WEAPONS.. 45,958 45,958
39 GUN MOUNT MODS....... 68,775 68,775
40 LCS MODULE WEAPONS... 2,121 2,121
41 AIRBORNE MINE 14,822 14,822
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
43 SPARES AND REPAIR 162,382 166,682
PARTS.
Navy UFR--Maritime [4,300]
outfitting and
interim spares.
TOTAL WEAPONS 4,220,705 4,341,405
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS 48,635 48,635
2 JDAM................. 74,140 74,140
3 AIRBORNE ROCKETS, ALL 75,383 75,383
TYPES.
4 MACHINE GUN 11,215 11,215
AMMUNITION.
5 PRACTICE BOMBS....... 52,225 52,225
6 CARTRIDGES & CART 70,876 70,876
ACTUATED DEVICES.
7 AIR EXPENDABLE 61,600 103,200
COUNTERMEASURES.
Marine Corps UFR-- [41,600]
Additional units.
8 JATOS................ 6,620 6,620
9 5 INCH/54 GUN 28,922 28,922
AMMUNITION.
10 INTERMEDIATE CALIBER 36,038 36,038
GUN AMMUNITION.
11 OTHER SHIP GUN 39,070 39,070
AMMUNITION.
12 SMALL ARMS & LANDING 45,493 45,493
PARTY AMMO.
13 PYROTECHNIC AND 9,163 9,163
DEMOLITION.
15 AMMUNITION LESS THAN 1,575 1,575
$5 MILLION.
[[Page S8658]]
MARINE CORPS
AMMUNITION
16 MORTARS.............. 50,707 50,707
17 DIRECT SUPPORT 120,037 120,037
MUNITIONS.
18 INFANTRY WEAPONS 94,001 94,001
AMMUNITION.
19 COMBAT SUPPORT 35,247 35,247
MUNITIONS.
20 AMMO MODERNIZATION... 16,267 16,267
21 ARTILLERY MUNITIONS.. 105,669 105,669
22 ITEMS LESS THAN $5 5,135 5,135
MILLION.
TOTAL PROCUREMENT OF 988,018 1,029,618
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
1 OHIO REPLACEMENT 3,003,000 3,003,000
SUBMARINE.
2 OHIO REPLACEMENT 1,643,980 1,773,980
SUBMARINE.
Submarine industrial [130,000]
base development.
OTHER WARSHIPS
3 CARRIER REPLACEMENT 1,068,705 1,068,705
PROGRAM.
4 CVN-81............... 1,299,764 1,299,764
5 VIRGINIA CLASS 4,249,240 4,249,240
SUBMARINE.
6 VIRGINIA CLASS 2,120,407 2,120,407
SUBMARINE.
7 CVN REFUELING 2,456,018 2,456,018
OVERHAULS.
8 CVN REFUELING 66,262 66,262
OVERHAULS.
9 DDG 1000............. 56,597 71,597
Navy UFR--DDG-1001 [15,000]
combat system
activation.
10 DDG-51............... 2,016,787 3,675,787
Navy UFR--Arleigh [1,659,000]
Burke-class
destroyer DDG-51.
11 DDG-51 AP............ 0 175,000
FY23 3rd DDG LLTM.... [125,000]
Surface combatant [50,000]
supplier base.
13 FFG-FRIGATE.......... 1,087,900 1,087,900
14 FFG-FRIGATE.......... 69,100 69,100
AMPHIBIOUS SHIPS
15 LPD FLIGHT II........ 60,636 60,636
16 LPD FLIGHT II........ 0 250,000
Program increase..... [250,000]
19 LHA REPLACEMENT...... 68,637 418,637
Program increase..... [350,000]
20 EXPEDITIONARY FAST 0 270,000
TRANSPORT (EPF).
Program increase..... [270,000]
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
21 TAO FLEET OILER...... 668,184 668,184
22 TAO FLEET OILER...... 76,012 76,012
23 TAGOS SURTASS SHIPS.. 434,384 434,384
24 TOWING, SALVAGE, AND 183,800 183,800
RESCUE SHIP (ATS).
25 LCU 1700............. 67,928 67,928
26 OUTFITTING........... 655,707 655,707
27 SHIP TO SHORE 156,738 156,738
CONNECTOR.
28 SERVICE CRAFT........ 67,866 67,866
29 LCAC SLEP............ 32,712 32,712
30 AUXILIARY VESSELS 299,900 0
(USED SEALIFT).
Program reduction.... [-299,900]
31 COMPLETION OF PY 660,795 660,795
SHIPBUILDING
PROGRAMS.
TOTAL SHIPBUILDING 22,571,059 25,120,159
AND CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
1 SURFACE POWER 41,414 41,414
EQUIPMENT.
GENERATORS
2 SURFACE COMBATANT 83,746 83,746
HM&E.
NAVIGATION EQUIPMENT
3 OTHER NAVIGATION 72,300 72,300
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
4 SUB PERISCOPE, 234,932 234,932
IMAGING AND SUPT
EQUIP PROG.
5 DDG MOD.............. 583,136 583,136
6 FIREFIGHTING 15,040 15,040
EQUIPMENT.
7 COMMAND AND CONTROL 2,194 2,194
SWITCHBOARD.
8 LHA/LHD MIDLIFE...... 133,627 133,627
9 LCC 19/20 EXTENDED 4,387 4,387
SERVICE LIFE PROGRAM.
10 POLLUTION CONTROL 18,159 18,159
EQUIPMENT.
11 SUBMARINE SUPPORT 88,284 88,284
EQUIPMENT.
12 VIRGINIA CLASS 22,669 22,669
SUPPORT EQUIPMENT.
13 LCS CLASS SUPPORT 9,640 9,640
EQUIPMENT.
14 SUBMARINE BATTERIES.. 21,834 21,834
15 LPD CLASS SUPPORT 34,292 34,292
EQUIPMENT.
16 DDG 1000 CLASS 126,107 126,107
SUPPORT EQUIPMENT.
17 STRATEGIC PLATFORM 12,256 12,256
SUPPORT EQUIP.
18 DSSP EQUIPMENT....... 10,682 10,682
19 CG MODERNIZATION..... 156,951 193,651
Navy UFR--CG [36,700]
Modernization
Pricing.
20 LCAC................. 21,314 21,314
21 UNDERWATER EOD 24,146 24,146
EQUIPMENT.
22 ITEMS LESS THAN $5 84,789 84,789
MILLION.
[[Page S8659]]
23 CHEMICAL WARFARE 2,997 2,997
DETECTORS.
REACTOR PLANT
EQUIPMENT
25 SHIP MAINTENANCE, 1,307,651 1,475,051
REPAIR AND
MODERNIZATION.
Navy UFR--A-120 [167,400]
availability.
26 REACTOR POWER UNITS.. 3,270 3,270
27 REACTOR COMPONENTS... 438,729 438,729
OCEAN ENGINEERING
28 DIVING AND SALVAGE 10,772 10,772
EQUIPMENT.
SMALL BOATS
29 STANDARD BOATS....... 58,770 58,770
PRODUCTION FACILITIES
EQUIPMENT
30 OPERATING FORCES IPE. 168,822 168,822
OTHER SHIP SUPPORT
31 LCS COMMON MISSION 74,231 74,231
MODULES EQUIPMENT.
32 LCS MCM MISSION 40,630 40,630
MODULES.
33 LCS ASW MISSION 1,565 1,565
MODULES.
34 LCS SUW MISSION 3,395 3,395
MODULES.
35 LCS IN-SERVICE 122,591 122,591
MODERNIZATION.
36 SMALL & MEDIUM UUV... 32,534 32,534
SHIP SONARS
38 SPQ-9B RADAR......... 15,927 15,927
39 AN/SQQ-89 SURF ASW 131,829 131,829
COMBAT SYSTEM.
40 SSN ACOUSTIC 379,850 379,850
EQUIPMENT.
41 UNDERSEA WARFARE 13,965 13,965
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
42 SUBMARINE ACOUSTIC 24,578 24,578
WARFARE SYSTEM.
43 SSTD................. 11,010 11,010
44 FIXED SURVEILLANCE 363,651 363,651
SYSTEM.
45 SURTASS.............. 67,500 67,500
ELECTRONIC WARFARE
EQUIPMENT
46 AN/SLQ-32............ 370,559 370,559
RECONNAISSANCE
EQUIPMENT
47 SHIPBOARD IW EXPLOIT. 261,735 261,735
48 AUTOMATED 3,777 3,777
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
49 COOPERATIVE 24,641 61,541
ENGAGEMENT
CAPABILITY.
Navy UFR--Accelerate [23,600]
Naval Tactical Grid
Development for
Joint All-Domain
Command and Control
(JADC2).
Navy UFR--Maritime [13,300]
outfitting and
interim spares.
50 NAVAL TACTICAL 14,439 16,639
COMMAND SUPPORT
SYSTEM (NTCSS).
Navy UFR--Naval [2,200]
Operational Business
Logistics Enterprise
(NOBLE).
51 ATDLS................ 101,595 101,595
52 NAVY COMMAND AND 3,535 3,535
CONTROL SYSTEM
(NCCS).
53 MINESWEEPING SYSTEM 15,640 15,640
REPLACEMENT.
54 SHALLOW WATER MCM.... 5,610 5,610
55 NAVSTAR GPS RECEIVERS 33,097 33,097
(SPACE).
56 AMERICAN FORCES RADIO 2,513 2,513
AND TV SERVICE.
57 STRATEGIC PLATFORM 4,823 4,823
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
58 ASHORE ATC EQUIPMENT. 83,464 83,464
59 AFLOAT ATC EQUIPMENT. 67,055 67,055
60 ID SYSTEMS........... 46,918 46,918
61 JOINT PRECISION 35,386 35,386
APPROACH AND LANDING
SYSTEM (.
62 NAVAL MISSION 17,951 17,951
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
63 MARITIME INTEGRATED 2,360 2,360
BROADCAST SYSTEM.
64 TACTICAL/MOBILE C4I 18,919 18,919
SYSTEMS.
65 DCGS-N............... 16,691 16,691
66 CANES................ 412,002 460,002
Navy UFR--Resilient [48,000]
Communications PNT
for Combat Logistics
Fleet (CLF).
67 RADIAC............... 9,074 9,074
68 CANES-INTELL......... 51,593 51,593
69 GPETE................ 23,930 23,930
70 MASF................. 8,795 8,795
71 INTEG COMBAT SYSTEM 5,829 5,829
TEST FACILITY.
72 EMI CONTROL 3,925 3,925
INSTRUMENTATION.
73 ITEMS LESS THAN $5 156,042 181,242
MILLION.
Navy UFR--CVN-78 Dual [25,200]
Band Radar and DDG-
1000 Multifunction
Radar: Signal Data
Processor Tech
Refresh and Obsolete
Component Redesign.
SHIPBOARD
COMMUNICATIONS
74 SHIPBOARD TACTICAL 43,212 43,212
COMMUNICATIONS.
75 SHIP COMMUNICATIONS 90,724 101,224
AUTOMATION.
Navy UFR--Accelerate [5,500]
Naval Tactical Grid
Development for
Joint All-Domain
Command and Control
(JADC2).
Navy UFR--Resilient [5,000]
Communications and
PNT for Combat
Logistics Fleet
(CLF).
76 COMMUNICATIONS ITEMS 44,447 44,447
UNDER $5M.
SUBMARINE
COMMUNICATIONS
77 SUBMARINE BROADCAST 47,579 47,579
SUPPORT.
78 SUBMARINE 64,642 64,642
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
79 SATELLITE 38,636 38,636
COMMUNICATIONS
SYSTEMS.
80 NAVY MULTIBAND 34,723 34,723
TERMINAL (NMT).
[[Page S8660]]
SHORE COMMUNICATIONS
81 JOINT COMMUNICATIONS 2,651 2,651
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
82 INFO SYSTEMS SECURITY 146,879 146,879
PROGRAM (ISSP).
83 MIO INTEL 977 977
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
84 CRYPTOLOGIC 17,809 17,809
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
92 COAST GUARD EQUIPMENT 63,214 63,214
SONOBUOYS
94 SONOBUOYS--ALL TYPES. 249,121 303,521
Navy UFR--Additional [54,400]
sonobuoys.
AIRCRAFT SUPPORT
EQUIPMENT
95 MINOTAUR............. 4,963 4,963
96 WEAPONS RANGE SUPPORT 98,898 98,898
EQUIPMENT.
97 AIRCRAFT SUPPORT 178,647 178,647
EQUIPMENT.
98 ADVANCED ARRESTING 22,265 22,265
GEAR (AAG).
99 METEOROLOGICAL 13,687 13,687
EQUIPMENT.
100 LEGACY AIRBORNE MCM.. 4,446 4,446
101 LAMPS EQUIPMENT...... 1,470 1,470
102 AVIATION SUPPORT 70,665 70,665
EQUIPMENT.
103 UMCS-UNMAN CARRIER 86,584 86,584
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
104 SHIP GUN SYSTEMS 5,536 5,536
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
105 HARPOON SUPPORT 204 204
EQUIPMENT.
106 SHIP MISSILE SUPPORT 237,987 280,487
EQUIPMENT.
Navy UFR--Additional [42,500]
OTH-WS.
107 TOMAHAWK SUPPORT 88,726 88,726
EQUIPMENT.
FBM SUPPORT EQUIPMENT
108 STRATEGIC MISSILE 281,259 281,259
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
109 SSN COMBAT CONTROL 143,289 143,289
SYSTEMS.
110 ASW SUPPORT EQUIPMENT 30,595 30,595
OTHER ORDNANCE
SUPPORT EQUIPMENT
111 EXPLOSIVE ORDNANCE 1,721 1,721
DISPOSAL EQUIP.
112 ITEMS LESS THAN $5 8,746 8,746
MILLION.
OTHER EXPENDABLE
ORDNANCE
113 ANTI-SHIP MISSILE 76,994 76,994
DECOY SYSTEM.
114 SUBMARINE TRAINING 75,813 75,813
DEVICE MODS.
115 SURFACE TRAINING 127,814 127,814
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
116 PASSENGER CARRYING 4,140 4,140
VEHICLES.
117 GENERAL PURPOSE 2,805 2,805
TRUCKS.
118 CONSTRUCTION & 48,403 48,403
MAINTENANCE EQUIP.
119 FIRE FIGHTING 15,084 15,084
EQUIPMENT.
120 TACTICAL VEHICLES.... 27,400 27,400
121 POLLUTION CONTROL 2,607 2,607
EQUIPMENT.
122 ITEMS LESS THAN $5 51,963 51,963
MILLION.
123 PHYSICAL SECURITY 1,165 1,165
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
124 SUPPLY EQUIPMENT..... 24,698 24,698
125 FIRST DESTINATION 5,385 5,385
TRANSPORTATION.
126 SPECIAL PURPOSE 660,750 660,750
SUPPLY SYSTEMS.
TRAINING DEVICES
127 TRAINING SUPPORT 3,465 3,465
EQUIPMENT.
128 TRAINING AND 60,114 60,114
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
129 COMMAND SUPPORT 31,007 31,007
EQUIPMENT.
130 MEDICAL SUPPORT 7,346 26,146
EQUIPMENT.
Navy UFR-- [18,800]
Expeditionary
medical readiness.
132 NAVAL MIP SUPPORT 2,887 2,887
EQUIPMENT.
133 OPERATING FORCES 12,815 12,815
SUPPORT EQUIPMENT.
134 C4ISR EQUIPMENT...... 6,324 6,324
135 ENVIRONMENTAL SUPPORT 25,098 25,098
EQUIPMENT.
136 PHYSICAL SECURITY 110,647 110,647
EQUIPMENT.
137 ENTERPRISE 31,709 31,709
INFORMATION
TECHNOLOGY.
OTHER
141 NEXT GENERATION 41 41
ENTERPRISE SERVICE.
142 CYBERSPACE ACTIVITIES 12,859 12,859
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 19,808 19,808
SPARES AND REPAIR
PARTS
143 SPARES AND REPAIR 424,405 626,005
PARTS.
Navy UFR--DDG-1000 [108,900]
and CVN-78 Dual Band
Radar spares.
Navy UFR--Maritime [92,700]
outfitting and
interim spares.
TOTAL OTHER 10,875,912 11,520,112
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
1 AAV7A1 PIP........... 36,836 36,836
2 AMPHIBIOUS COMBAT 532,355 532,355
VEHICLE FAMILY OF
VEHICLES.
[[Page S8661]]
3 LAV PIP.............. 23,476 23,476
ARTILLERY AND OTHER
WEAPONS
4 155MM LIGHTWEIGHT 32 32
TOWED HOWITZER.
5 ARTILLERY WEAPONS 67,548 221,348
SYSTEM.
Marine Corps UFR-- [57,800]
Ground-launched anti-
ship missiles.
Marine Corps UFR-- [96,000]
Ground-launched long
range fires.
6 WEAPONS AND COMBAT 35,402 35,402
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
8 GROUND BASED AIR 9,349 9,349
DEFENSE.
9 ANTI-ARMOR MISSILE- 937 937
JAVELIN.
10 FAMILY ANTI-ARMOR 20,481 20,481
WEAPON SYSTEMS
(FOAAWS).
11 ANTI-ARMOR MISSILE- 14,359 14,359
TOW.
12 GUIDED MLRS ROCKET 98,299 98,299
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
13 COMMON AVIATION 18,247 18,247
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
14 REPAIR AND TEST 33,554 33,554
EQUIPMENT.
OTHER SUPPORT (TEL)
15 MODIFICATION KITS.... 167 167
COMMAND AND CONTROL
SYSTEM (NON-TEL)
16 ITEMS UNDER $5 64,879 133,779
MILLION (COMM &
ELEC).
Marine Corps UFR--Fly- [9,000]
Away Broadcast
System.
Marine Corps UFR-- [16,900]
INOD Block III long-
range sight.
Marine Corps UFR-- [43,000]
Squad binocular
night vision goggle.
17 AIR OPERATIONS C2 1,291 3,291
SYSTEMS.
Marine Corps UFR--CEC [2,000]
(AN/USG-4B).
RADAR + EQUIPMENT
(NON-TEL)
19 GROUND/AIR TASK 297,369 645,369
ORIENTED RADAR (G/
ATOR).
Marine Corps UFR-- [304,000]
Additional G/ATOR
units.
Marine Corps UFR-- [44,000]
Additional radar
retrofit kits and
FRP systems.
INTELL/COMM EQUIPMENT
(NON-TEL)
20 GCSS-MC.............. 604 604
21 FIRE SUPPORT SYSTEM.. 39,810 39,810
22 INTELLIGENCE SUPPORT 67,309 72,909
EQUIPMENT.
Marine Corps UFR-- [5,600]
SCINet equipment.
24 UNMANNED AIR SYSTEMS 24,299 24,299
(INTEL).
25 DCGS-MC.............. 28,633 28,633
26 UAS PAYLOADS......... 3,730 3,730
OTHER SUPPORT (NON-
TEL)
29 NEXT GENERATION 97,060 116,060
ENTERPRISE NETWORK
(NGEN).
Marine Corps UFR-- [19,000]
Network
infrastructure
compliance/NGEN.
30 COMMON COMPUTER 83,606 97,406
RESOURCES.
Marine Corps UFR--MC [6,300]
Hardware Suite End
User Devices refresh.
Marine Corps UFR-- [7,500]
Secure Operational
Network
Infrastructure and
Communications
modernization.
31 COMMAND POST SYSTEMS. 53,708 53,708
32 RADIO SYSTEMS........ 468,678 468,678
33 COMM SWITCHING & 49,600 49,600
CONTROL SYSTEMS.
34 COMM & ELEC 110,835 116,635
INFRASTRUCTURE
SUPPORT.
Marine Corps UFR-- [5,800]
Base
telecommunications
equipment upgrades.
35 CYBERSPACE ACTIVITIES 25,377 46,577
Marine Corps UFR-- [21,200]
Defensive Cyber Ops-
Internal Defensive
Measures suites.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 4,034 4,034
ADMINISTRATIVE
VEHICLES
38 COMMERCIAL CARGO 17,848 17,848
VEHICLES.
TACTICAL VEHICLES
39 MOTOR TRANSPORT 23,363 23,363
MODIFICATIONS.
40 JOINT LIGHT TACTICAL 322,013 322,013
VEHICLE.
42 TRAILERS............. 9,876 9,876
ENGINEER AND OTHER
EQUIPMENT
44 TACTICAL FUEL SYSTEMS 2,161 2,161
45 POWER EQUIPMENT 26,625 26,625
ASSORTED.
46 AMPHIBIOUS SUPPORT 17,119 17,119
EQUIPMENT.
47 EOD SYSTEMS.......... 94,472 107,672
Marine Corps UFR-- [7,800]
BCWD/UnSAT/Explosive
Hazard Defeat
Systems.
Marine Corps UFR-- [5,400]
ENFIRE/Explosive
Hazard Defeat
Systems.
MATERIALS HANDLING
EQUIPMENT
48 PHYSICAL SECURITY 84,513 84,513
EQUIPMENT.
GENERAL PROPERTY
49 FIELD MEDICAL 8,105 8,105
EQUIPMENT.
50 TRAINING DEVICES..... 37,814 37,814
51 FAMILY OF 34,658 50,458
CONSTRUCTION
EQUIPMENT.
Marine Corps UFR--All- [10,800]
terrain crane.
Marine Corps UFR-- [5,000]
Rough terrain
container handler.
52 ULTRA-LIGHT TACTICAL 15,439 15,439
VEHICLE (ULTV).
OTHER SUPPORT
53 ITEMS LESS THAN $5 4,402 15,002
MILLION.
Marine Corps UFR-- [10,600]
Lightweight water
purification system.
SPARES AND REPAIR
PARTS
54 SPARES AND REPAIR 32,819 32,819
PARTS.
TOTAL PROCUREMENT, 3,043,091 3,720,791
MARINE CORPS.
[[Page S8662]]
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC OFFENSIVE
1 B-21 RAIDER.......... 108,027 108,027
TACTICAL FORCES
2 F-35................. 4,167,604 4,427,604
Air Force UFR--F-35 [175,000]
power modules.
Program increase..... [85,000]
3 F-35................. 352,632 352,632
5 F-15EX............... 1,186,903 1,762,903
Air Force UFR-- [576,000]
Additional aircraft,
spares, support
equipment.
6 F-15EX............... 147,919 147,919
TACTICAL AIRLIFT
7 KC-46A MDAP.......... 2,380,315 2,380,315
OTHER AIRLIFT
8 C-130J............... 128,896 128,896
9 MC-130J.............. 220,049 220,049
UPT TRAINERS
11 ADVANCED TRAINER 10,397 10,397
REPLACEMENT T-X.
HELICOPTERS
12 MH-139A.............. 0 75,000
Program increase..... [75,000]
13 COMBAT RESCUE 792,221 792,221
HELICOPTER.
MISSION SUPPORT
AIRCRAFT
16 CIVIL AIR PATROL A/C. 2,813 2,813
OTHER AIRCRAFT
17 TARGET DRONES........ 116,169 116,169
19 E-11 BACN/HAG........ 124,435 124,435
21 MQ-9................. 3,288 103,288
Additional aircraft.. [100,000]
STRATEGIC AIRCRAFT
23 B-2A................. 29,944 29,944
24 B-1B................. 30,518 30,518
25 B-52................. 82,820 86,820
B-52 training system. [4,000]
26 COMBAT RESCUE 61,191 61,191
HELICOPTER.
27 LARGE AIRCRAFT 57,001 57,001
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
28 A-10................. 83,621 83,621
29 E-11 BACN/HAG........ 68,955 68,955
30 F-15................. 234,340 234,340
31 F-16................. 613,166 638,166
F-16 AESAs........... [25,000]
32 F-22A................ 424,722 424,722
33 F-35 MODIFICATIONS... 304,135 1,974,885
F-35 upgrades to [1,670,750]
Block 4.
34 F-15 EPAW............ 149,797 149,797
36 KC-46A MDAP.......... 1,984 1,984
AIRLIFT AIRCRAFT
37 C-5.................. 25,431 25,431
38 C-17A................ 59,570 59,570
40 C-32A................ 1,949 1,949
41 C-37A................ 5,984 5,984
TRAINER AIRCRAFT
42 GLIDER MODS.......... 142 142
43 T-6.................. 8,735 8,735
44 T-1.................. 3,872 3,872
45 T-38................. 49,851 49,851
OTHER AIRCRAFT
46 U-2 MODS............. 126,809 126,809
47 KC-10A (ATCA)........ 1,902 1,902
49 VC-25A MOD........... 96 96
50 C-40................. 262 262
51 C-130................ 29,071 29,071
52 C-130J MODS.......... 110,784 110,784
53 C-135................ 61,376 61,376
54 COMPASS CALL......... 195,098 270,098
Air Force UFR-- [75,000]
Additional spare
engines.
56 RC-135............... 207,596 207,596
57 E-3.................. 109,855 109,855
58 E-4.................. 19,081 19,081
59 E-8.................. 16,312 16,312
60 AIRBORNE WARNING AND 30,327 30,327
CNTRL SYS (AWACS) 40/
45.
62 H-1.................. 1,533 1,533
63 H-60................. 13,709 13,709
64 RQ-4 MODS............ 3,205 3,205
65 HC/MC-130 150,263 150,263
MODIFICATIONS.
66 OTHER AIRCRAFT....... 54,828 54,828
67 MQ-9 MODS............ 144,287 144,287
68 MQ-9 UAS PAYLOADS.... 40,800 40,800
69 SENIOR LEADER C3, 23,554 23,554
SYSTEM--AIRCRAFT.
70 CV-22 MODS........... 158,162 240,562
SOCOM UFR--CV-22 [82,400]
reliability
acceleration.
[[Page S8663]]
AIRCRAFT SPARES AND
REPAIR PARTS
71 INITIAL SPARES/REPAIR 915,710 915,710
PARTS.
COMMON SUPPORT
EQUIPMENT
72 AIRCRAFT REPLACEMENT 138,761 138,761
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
73 B-2A................. 1,651 1,651
74 B-2B................. 38,811 38,811
75 B-52................. 5,602 5,602
78 F-15................. 2,324 2,324
79 F-16................. 10,456 10,456
81 RQ-4 POST PRODUCTION 24,592 24,592
CHARGES.
INDUSTRIAL
PREPAREDNESS
82 INDUSTRIAL 18,110 18,110
RESPONSIVENESS.
WAR CONSUMABLES
83 WAR CONSUMABLES...... 35,866 35,866
OTHER PRODUCTION
CHARGES
84 OTHER PRODUCTION 979,388 979,388
CHARGES.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 18,092 18,092
TOTAL AIRCRAFT 15,727,669 18,595,819
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
1 MISSILE REPLACEMENT 57,793 57,793
EQ-BALLISTIC.
BALLISTIC MISSILES
2 GROUND BASED 8,895 8,895
STRATEGIC DETERRENT.
TACTICAL
3 REPLAC EQUIP & WAR 7,681 7,681
CONSUMABLES.
4 AGM-183A AIR-LAUNCHED 160,850 160,850
RAPID RESPONSE
WEAPON.
6 JOINT AIR-SURFACE 710,550 710,550
STANDOFF MISSILE.
8 SIDEWINDER (AIM-9X).. 107,587 107,587
9 AMRAAM............... 214,002 214,002
10 PREDATOR HELLFIRE 103,684 103,684
MISSILE.
11 SMALL DIAMETER BOMB.. 82,819 82,819
12 SMALL DIAMETER BOMB 294,649 294,649
II.
INDUSTRIAL FACILITIES
13 INDUSTR'L PREPAREDNS/ 757 757
POL PREVENTION.
CLASS IV
15 ICBM FUZE MOD........ 53,013 65,263
Realignment of funds. [12,250]
16 ICBM FUZE MOD........ 47,757 35,507
Realignment of funds. [-12,250]
17 MM III MODIFICATIONS. 88,579 88,579
19 AIR LAUNCH CRUISE 46,799 46,799
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
20 MSL SPRS/REPAIR PARTS 16,212 16,212
(INITIAL).
21 MSL SPRS/REPAIR PARTS 63,547 63,547
(REPLEN).
22 INITIAL SPARES/REPAIR 4,045 4,045
PARTS.
SPECIAL PROGRAMS
27 SPECIAL UPDATE 30,352 30,352
PROGRAMS.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 570,240 570,240
TOTAL MISSILE 2,669,811 2,669,811
PROCUREMENT, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
2 AF SATELLITE COMM 43,655 43,655
SYSTEM.
3 COUNTERSPACE SYSTEMS. 64,804 64,804
4 FAMILY OF BEYOND LINE- 39,444 39,444
OF-SIGHT TERMINALS.
5 GENERAL INFORMATION 3,316 13,116
TECH--SPACE.
Space Force UFR--Long [8,000]
duration propulsive
national security
space launch
secondary payload
adapter.
Space Force UFR-- [1,800]
Modernize space
aggressor equipment.
6 GPSIII FOLLOW ON..... 601,418 601,418
7 GPS III SPACE SEGMENT 84,452 84,452
8 GLOBAL POSTIONING 2,274 2,274
(SPACE).
9 HERITAGE TRANSITION.. 13,529 13,529
10 SPACEBORNE EQUIP 26,245 48,945
(COMSEC).
Space Force UFR-- [22,700]
Space-rated crypto
devices to support
launch.
11 MILSATCOM............ 24,333 24,333
12 SBIR HIGH (SPACE).... 154,526 154,526
13 SPECIAL SPACE 142,188 142,188
ACTIVITIES.
14 MOBILE USER OBJECTIVE 45,371 45,371
SYSTEM.
15 NATIONAL SECURITY 1,337,347 1,337,347
SPACE LAUNCH.
16 NUDET DETECTION 6,690 6,690
SYSTEM.
17 PTES HUB............. 7,406 7,406
18 ROCKET SYSTEMS LAUNCH 10,429 10,429
PROGRAM.
20 SPACE MODS........... 64,371 64,371
21 SPACELIFT RANGE 93,774 93,774
SYSTEM SPACE.
SPARES
22 SPARES AND REPAIR 1,282 1,282
PARTS.
TOTAL PROCUREMENT, 2,766,854 2,799,354
SPACE FORCE.
[[Page S8664]]
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
1 ROCKETS.............. 36,597 36,597
CARTRIDGES
2 CARTRIDGES........... 169,163 169,163
BOMBS
3 PRACTICE BOMBS....... 48,745 48,745
4 GENERAL PURPOSE BOMBS 176,565 176,565
5 MASSIVE ORDNANCE 15,500 15,500
PENETRATOR (MOP).
6 JOINT DIRECT ATTACK 124,102 124,102
MUNITION.
7 B-61................. 2,709 2,709
OTHER ITEMS
8 CAD/PAD.............. 47,210 47,210
9 EXPLOSIVE ORDNANCE 6,151 6,151
DISPOSAL (EOD).
10 SPARES AND REPAIR 535 535
PARTS.
11 MODIFICATIONS........ 292 292
12 ITEMS LESS THAN 9,164 9,164
$5,000,000.
FLARES
13 FLARES............... 95,297 95,297
FUZES
14 FUZES................ 50,795 50,795
SMALL ARMS
15 SMALL ARMS........... 12,343 12,343
TOTAL PROCUREMENT OF 795,168 795,168
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
1 PASSENGER CARRYING 8,448 8,448
VEHICLES.
CARGO AND UTILITY
VEHICLES
2 MEDIUM TACTICAL 5,804 5,804
VEHICLE.
3 CAP VEHICLES......... 1,066 1,066
4 CARGO AND UTILITY 57,459 61,959
VEHICLES.
CNGB UFR--Security [4,500]
forces utility task
vehicle.
SPECIAL PURPOSE
VEHICLES
5 JOINT LIGHT TACTICAL 97,326 97,326
VEHICLE.
6 SECURITY AND TACTICAL 488 488
VEHICLES.
7 SPECIAL PURPOSE 75,694 81,094
VEHICLES.
CNGB UFR--Temperature [5,400]
control trailers.
FIRE FIGHTING
EQUIPMENT
8 FIRE FIGHTING/CRASH 12,525 12,525
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
9 MATERIALS HANDLING 34,933 34,933
VEHICLES.
BASE MAINTENANCE
SUPPORT
10 RUNWAY SNOW REMOV AND 9,134 9,134
CLEANING EQU.
11 BASE MAINTENANCE 111,820 111,820
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
13 COMSEC EQUIPMENT..... 66,022 66,022
14 STRATEGIC 885,051 885,051
MICROELECTRONIC
SUPPLY SYSTEM.
INTELLIGENCE PROGRAMS
15 INTERNATIONAL INTEL 5,809 5,809
TECH & ARCHITECTURES.
16 INTELLIGENCE TRAINING 5,719 5,719
EQUIPMENT.
17 INTELLIGENCE COMM 25,844 25,844
EQUIPMENT.
ELECTRONICS PROGRAMS
18 AIR TRAFFIC CONTROL & 44,516 52,516
LANDING SYS.
Air Force UFR--Build [8,000]
command and control
framework.
19 BATTLE CONTROL 2,940 2,940
SYSTEM--FIXED.
20 THEATER AIR CONTROL 43,442 47,842
SYS IMPROVEMEN.
EUCOM UFR--Air base [4,400]
air defens ops
center.
21 3D EXPEDITIONARY LONG- 96,186 248,186
RANGE RADAR.
Air Force UFR--Build [152,000]
command and control
framework.
22 WEATHER OBSERVATION 32,376 32,976
FORECAST.
Space Force UFR-- [600]
Thule Air Base wind
profiler.
23 STRATEGIC COMMAND AND 37,950 37,950
CONTROL.
24 CHEYENNE MOUNTAIN 8,258 8,258
COMPLEX.
25 MISSION PLANNING 14,717 14,717
SYSTEMS.
SPCL COMM-ELECTRONICS
PROJECTS
27 GENERAL INFORMATION 43,917 88,247
TECHNOLOGY.
EUCOM UFR--Mission [13,800]
Partner Environment.
INDOPACOM UFR-- [30,530]
Mission Partner
Environment.
28 AF GLOBAL COMMAND & 414 414
CONTROL SYS.
30 MOBILITY COMMAND AND 10,619 10,619
CONTROL.
31 AIR FORCE PHYSICAL 101,896 116,797
SECURITY SYSTEM.
EUCOM UFR--Counter- [1,241]
UAS for UASFE
installations.
EUCOM UFR--Sensors [11,660]
for air base air
defense.
Space Force UFR--Maui [2,000]
Optical Site
security system.
32 COMBAT TRAINING 222,598 222,598
RANGES.
33 COMBAT TRAINING 14,730 14,730
RANGES.
34 MINIMUM ESSENTIAL 77,119 77,119
EMERGENCY COMM N.
35 WIDE AREA 38,794 38,794
SURVEILLANCE (WAS).
36 C3 COUNTERMEASURES... 131,238 131,238
37 INTEGRATED PERSONNEL 15,240 15,240
AND PAY SYSTEM.
38 GCSS-AF FOS.......... 3,959 3,959
[[Page S8665]]
40 MAINTENANCE REPAIR & 4,387 4,387
OVERHAUL INITIATIVE.
41 THEATER BATTLE MGT C2 4,052 4,052
SYSTEM.
42 AIR & SPACE 2,224 2,224
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
43 BASE INFORMATION 58,499 58,499
TRANSPT INFRAST
(BITI) WIRED.
44 AFNET................ 65,354 65,354
45 JOINT COMMUNICATIONS 4,377 4,377
SUPPORT ELEMENT
(JCSE).
46 USCENTCOM............ 18,101 18,101
47 USSTRATCOM........... 4,226 4,226
ORGANIZATION AND BASE
48 TACTICAL C-E 162,955 162,955
EQUIPMENT.
49 RADIO EQUIPMENT...... 14,232 15,732
Space Force UFR-- [1,500]
radio equipment.
51 BASE COMM 200,797 264,297
INFRASTRUCTURE.
EUCOM UFR--Modernize [55,000]
IT infrastructure.
Space Force UFR-- [1,200]
Emergency 911 rech
refresh.
Space Force UFR-- [7,000]
Lifecycle SIPR/NIP
replacement.
Space Force UFR--Maui [300]
Optical Site
resilient comms.
MODIFICATIONS
52 COMM ELECT MODS...... 18,607 18,607
PERSONAL SAFETY &
RESCUE EQUIP
53 PERSONAL SAFETY AND 106,449 131,449
RESCUE EQUIPMENT.
CNGB UFR--Critical [9,500]
care air transport
team.
CNGB UFR--Tactical [15,500]
combat casualty care
medical kit.
DEPOT PLANT+MTRLS
HANDLING EQ
54 POWER CONDITIONING 11,274 11,274
EQUIPMENT.
55 MECHANIZED MATERIAL 8,594 8,594
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
56 BASE PROCURED 1 83,251
EQUIPMENT.
CNGB UFR--Modular [75,000]
small arms ranges.
EUCOM UFR--Tactical [8,250]
decoy devices.
57 ENGINEERING AND EOD 32,139 32,139
EQUIPMENT.
58 MOBILITY EQUIPMENT... 63,814 131,014
CNGB UFR--Aeromedical [3,200]
evacuation equipment
kit.
CNGB UFR--Disaster [22,500]
relief mobile
kitchen trailers.
CNGB UFR--Oxygen [3,000]
generation system.
CNGB UFR--Rapid [7,500]
response shelters.
CNGB UFR--Security [31,000]
forces modular
ballistic protection
system.
59 FUELS SUPPORT 17,928 17,928
EQUIPMENT (FSE).
60 BASE MAINTENANCE AND 48,534 48,534
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
62 DARP RC135........... 27,359 27,359
63 DCGS-AF.............. 261,070 261,070
65 SPECIAL UPDATE 777,652 777,652
PROGRAM.
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 20,983,908 20,983,908
SPARES AND REPAIR
PARTS
66 SPARES AND REPAIR 978 978
PARTS (CYBER).
67 SPARES AND REPAIR 9,575 10,575
PARTS.
Air Force UFR--Build [1,000]
command and control
framework.
TOTAL OTHER 25,251,137 25,726,718
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DCSA
2 MAJOR EQUIPMENT...... 3,014 3,014
MAJOR EQUIPMENT, DHRA
4 PERSONNEL 4,042 4,042
ADMINISTRATION.
MAJOR EQUIPMENT, DISA
10 INFORMATION SYSTEMS 18,923 18,923
SECURITY.
11 TELEPORT PROGRAM..... 34,908 34,908
12 JOINT FORCES 1,968 1,968
HEADQUARTERS--DODIN.
13 ITEMS LESS THAN $5 42,270 42,270
MILLION.
14 DEFENSE INFORMATION 18,025 18,025
SYSTEM NETWORK.
15 WHITE HOUSE 44,522 44,522
COMMUNICATION AGENCY.
16 SENIOR LEADERSHIP 54,592 54,592
ENTERPRISE.
17 JOINT REGIONAL 62,657 62,657
SECURITY STACKS
(JRSS).
18 JOINT SERVICE 102,039 102,039
PROVIDER.
19 FOURTH ESTATE NETWORK 80,645 80,645
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
21 MAJOR EQUIPMENT...... 530,896 530,896
MAJOR EQUIPMENT,
DMACT
22 MAJOR EQUIPMENT...... 8,498 8,498
MAJOR EQUIPMENT,
DODEA
23 AUTOMATION/ 2,963 2,963
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DPAA
24 MAJOR EQUIPMENT, DPAA 494 494
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
26 VEHICLES............. 118 118
27 OTHER MAJOR EQUIPMENT 12,681 12,681
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
29 THAAD................ 251,543 361,122
MDA UFR--Additional [109,579]
interceptors.
[[Page S8666]]
31 AEGIS BMD............ 334,621 334,621
32 AEGIS BMD............ 17,493 17,493
33 BMDS AN/TPY-2 RADARS. 2,738 2,738
34 SM-3 IIAS............ 295,322 336,322
MDA UFR--Additional [41,000]
AURs.
35 ARROW 3 UPPER TIER 62,000 62,000
SYSTEMS.
36 SHORT RANGE BALLISTIC 30,000 30,000
MISSILE DEFENSE
(SRBMD).
37 DEFENSE OF GUAM 40,000 117,220
PROCUREMENT.
INDOPACOM UFR--Guam [77,220]
Defense System.
38 AEGIS ASHORE PHASE 25,866 25,866
III.
39 IRON DOME............ 108,000 108,000
40 AEGIS BMD HARDWARE 81,791 81,791
AND SOFTWARE.
MAJOR EQUIPMENT, NSA
46 INFORMATION SYSTEMS 315 315
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, OSD
47 MAJOR EQUIPMENT, OSD. 31,420 31,420
MAJOR EQUIPMENT, SDA
48 JOINT CAPABILITY TECH 74,060 74,060
DEMONSTRATION (JCTD).
MAJOR EQUIPMENT, TJS
49 MAJOR EQUIPMENT, TJS. 7,830 7,830
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS.. 635,338 635,338
AVIATION PROGRAMS
52 ARMED OVERWATCH/ 170,000 170,000
TARGETING.
53 MANNED ISR........... 2,500 2,500
54 MC-12................ 2,250 2,250
55 MH-60 BLACKHAWK...... 29,900 29,900
56 ROTARY WING UPGRADES 202,278 202,278
AND SUSTAINMENT.
57 UNMANNED ISR......... 55,951 55,951
58 NON-STANDARD AVIATION 3,282 3,282
59 U-28................. 4,176 4,176
60 MH-47 CHINOOK........ 130,485 130,485
61 CV-22 MODIFICATION... 41,762 47,572
SOCOM UFR--CV-22 [5,810]
reliability
acceleration.
62 MQ-9 UNMANNED AERIAL 8,020 8,020
VEHICLE.
63 PRECISION STRIKE 165,224 165,224
PACKAGE.
64 AC/MC-130J........... 205,216 205,216
65 C-130 MODIFICATIONS.. 13,373 13,373
SHIPBUILDING
66 UNDERWATER SYSTEMS... 17,227 23,327
SOCOM UFR--Combat [5,200]
diving advanced
equipment
acceleration.
SOCOM UFR--Modernized [900]
forward look sonar.
AMMUNITION PROGRAMS
67 ORDNANCE ITEMS <$5M.. 168,072 168,072
OTHER PROCUREMENT
PROGRAMS
68 INTELLIGENCE SYSTEMS. 131,889 131,889
69 DISTRIBUTED COMMON 5,991 5,991
GROUND/SURFACE
SYSTEMS.
70 OTHER ITEMS <$5M..... 62,722 62,722
71 COMBATANT CRAFT 17,080 17,080
SYSTEMS.
72 SPECIAL PROGRAMS..... 44,351 75,531
SOCOM UFR--Medium [31,180]
fixed wing mobility
modifications.
73 TACTICAL VEHICLES.... 26,806 26,806
74 WARRIOR SYSTEMS <$5M. 284,548 284,548
75 COMBAT MISSION 27,513 27,513
REQUIREMENTS.
77 OPERATIONAL 20,252 20,252
ENHANCEMENTS
INTELLIGENCE.
78 OPERATIONAL 328,569 389,872
ENHANCEMENTS.
SOCOM UFR--Armored [33,303]
ground mobility
systems acceleration.
SOCOM UFR--Fused [28,000]
panoramic night
vision goggles
acceleration.
CBDP
79 CHEMICAL BIOLOGICAL 167,918 167,918
SITUATIONAL
AWARENESS.
80 CB PROTECTION & 189,265 189,265
HAZARD MITIGATION.
TOTAL PROCUREMENT, 5,548,212 5,880,404
DEFENSE-WIDE.
TOTAL PROCUREMENT.... 132,205,078 144,054,529
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2022 Senate
Line Program Element Item Request Authorized
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.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
1 0601102A DEFENSE RESEARCH SCIENCES......... 297,241 297,241
2 0601103A UNIVERSITY RESEARCH INITIATIVES... 66,981 103,481
[[Page S8667]]
.................................. Smart thread data exchange........ [5,000]
.................................. UAS propulsion research........... [1,500]
.................................. University research programs...... [30,000]
3 0601104A UNIVERSITY AND INDUSTRY RESEARCH 94,003 94,003
CENTERS.
4 0601121A CYBER COLLABORATIVE RESEARCH 5,067 5,067
ALLIANCE.
5 0601601A ARTIFICIAL INTELLIGENCE AND 10,183 10,183
MACHINE LEARNING BASIC RESEARCH.
.................................. SUBTOTAL BASIC RESEARCH........... 473,475 509,975
..................................
.................................. APPLIED RESEARCH
6 0602115A BIOMEDICAL TECHNOLOGY............. 11,925 11,925
7 0602134A COUNTER IMPROVISED-THREAT ADVANCED 1,976 1,976
STUDIES.
8 0602141A LETHALITY TECHNOLOGY.............. 64,126 66,626
.................................. Ceramic material systems for [2,500]
extreme environments.
9 0602142A ARMY APPLIED RESEARCH............. 28,654 28,654
10 0602143A SOLDIER LETHALITY TECHNOLOGY...... 105,168 105,168
11 0602144A GROUND TECHNOLOGY................. 56,400 67,400
.................................. Earthen structures research....... [3,000]
.................................. Graphene applications for military [2,000]
engineering.
.................................. Polar research and testing........ [4,000]
.................................. Verified inherent control......... [2,000]
12 0602145A NEXT GENERATION COMBAT VEHICLE 172,166 174,666
TECHNOLOGY.
.................................. Light detection and ranging [2,500]
(LiDAR) technology.
13 0602146A NETWORK C3I TECHNOLOGY............ 84,606 86,606
.................................. UAS sensor research............... [2,000]
14 0602147A LONG RANGE PRECISION FIRES 64,285 64,285
TECHNOLOGY.
15 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 91,411 91,411
16 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 19,316 47,316
.................................. Counter-UAS applied research...... [5,000]
.................................. High energy laser research........ [5,000]
.................................. High energy laser support [5,000]
technology.
.................................. Kill chain automation for air and [8,000]
missile defense systems.
.................................. Secure computing capabilities..... [5,000]
17 0602180A ARTIFICIAL INTELLIGENCE AND 15,034 15,034
MACHINE LEARNING TECHNOLOGIES.
18 0602181A ALL DOMAIN CONVERGENCE APPLIED 25,967 25,967
RESEARCH.
19 0602182A C3I APPLIED RESEARCH.............. 12,406 12,406
20 0602183A AIR PLATFORM APPLIED RESEARCH..... 6,597 6,597
21 0602184A SOLDIER APPLIED RESEARCH.......... 11,064 18,564
.................................. Military footwear research........ [2,500]
.................................. Pathfinder air assault............ [5,000]
22 0602213A C3I APPLIED CYBER................. 12,123 12,123
23 0602386A BIOTECHNOLOGY FOR MATERIALS-- 20,643 20,643
APPLIED RESEARCH.
24 0602785A MANPOWER/PERSONNEL/TRAINING 18,701 18,701
TECHNOLOGY.
25 0602787A MEDICAL TECHNOLOGY................ 91,720 91,720
.................................. SUBTOTAL APPLIED RESEARCH......... 914,288 967,788
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
26 0603002A MEDICAL ADVANCED TECHNOLOGY....... 43,804 43,804
27 0603007A MANPOWER, PERSONNEL AND TRAINING 14,273 14,273
ADVANCED TECHNOLOGY.
28 0603025A ARMY AGILE INNOVATION AND 22,231 22,231
DEMONSTRATION.
29 0603040A ARTIFICIAL INTELLIGENCE AND 909 909
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
30 0603041A ALL DOMAIN CONVERGENCE ADVANCED 17,743 17,743
TECHNOLOGY.
31 0603042A C3I ADVANCED TECHNOLOGY........... 3,151 3,151
32 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 754 754
33 0603044A SOLDIER ADVANCED TECHNOLOGY....... 890 890
34 0603115A MEDICAL DEVELOPMENT............... 26,521 26,521
35 0603116A LETHALITY ADVANCED TECHNOLOGY..... 8,066 8,066
36 0603117A ARMY ADVANCED TECHNOLOGY 76,815 76,815
DEVELOPMENT.
37 0603118A SOLDIER LETHALITY ADVANCED 107,966 107,966
TECHNOLOGY.
38 0603119A GROUND ADVANCED TECHNOLOGY........ 23,403 41,403
.................................. Additive manufacturing [15,000]
capabilities for austere
operating environments.
.................................. Permafrost research............... [3,000]
39 0603134A COUNTER IMPROVISED-THREAT 24,747 24,747
SIMULATION.
40 0603386A BIOTECHNOLOGY FOR MATERIALS-- 53,736 53,736
ADVANCED RESEARCH.
41 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 31,426 31,426
42 0603461A HIGH PERFORMANCE COMPUTING 189,123 194,123
MODERNIZATION PROGRAM.
.................................. High performance computing [5,000]
modernization program.
43 0603462A NEXT GENERATION COMBAT VEHICLE 164,951 174,951
ADVANCED TECHNOLOGY.
.................................. Combat vehicle lithium battery [1,500]
development.
.................................. Cyber and connected vehicle [3,500]
integration research.
.................................. Robotics development.............. [5,000]
44 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 155,867 142,867
.................................. Command post modernization........ [2,000]
.................................. Network technology research....... [-15,000]
45 0603464A LONG RANGE PRECISION FIRES 93,909 98,909
ADVANCED TECHNOLOGY.
.................................. Advanced guidance technology...... [5,000]
46 0603465A FUTURE VERTICAL LIFT ADVANCED 179,677 188,177
TECHNOLOGY.
.................................. Future Long Range Assault Aircraft [3,500]
.................................. Future vertical lift 20mm chain [5,000]
gun.
47 0603466A AIR AND MISSILE DEFENSE ADVANCED 48,826 48,826
TECHNOLOGY.
48 0603920A HUMANITARIAN DEMINING............. 8,649 8,649
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,297,437 1,330,937
DEVELOPMENT.
..................................
[[Page S8668]]
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
49 0603305A ARMY MISSILE DEFENSE SYSTEMS 11,702 11,702
INTEGRATION.
50 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 18,755 18,755
52 0603619A LANDMINE WARFARE AND BARRIER--ADV 50,314 50,314
DEV.
53 0603639A TANK AND MEDIUM CALIBER AMMUNITION 79,873 79,873
54 0603645A ARMORED SYSTEM MODERNIZATION--ADV 170,590 170,590
DEV.
55 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 2,897 2,897
56 0603766A TACTICAL ELECTRONIC SURVEILLANCE 113,365 113,365
SYSTEM--ADV DEV.
57 0603774A NIGHT VISION SYSTEMS ADVANCED 18,000 21,804
DEVELOPMENT.
.................................. Army UFR--Soldier Maneuver Sensors [3,804]
58 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 11,921 11,921
DEM/VAL.
59 0603790A NATO RESEARCH AND DEVELOPMENT..... 3,777 3,777
60 0603801A AVIATION--ADV DEV................. 1,125,641 1,125,641
61 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 7,055 7,055
ADV DEV.
62 0603807A MEDICAL SYSTEMS--ADV DEV.......... 22,071 22,071
63 0603827A SOLDIER SYSTEMS--ADVANCED 17,459 20,359
DEVELOPMENT.
.................................. Development of anthropomorphic [2,900]
armor for female servicemembers.
64 0604017A ROBOTICS DEVELOPMENT.............. 87,198 87,198
65 0604019A EXPANDED MISSION AREA MISSILE 50,674 50,674
(EMAM).
67 0604035A LOW EARTH ORBIT (LEO) SATELLITE 19,638 19,638
CAPABILITY.
68 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 50,548 50,548
ADV DEV.
69 0604037A TACTICAL INTEL TARGETING ACCESS 28,347 28,347
NODE (TITAN) ADV DEV.
70 0604100A ANALYSIS OF ALTERNATIVES.......... 10,091 10,091
71 0604101A SMALL UNMANNED AERIAL VEHICLE 926 926
(SUAV) (6.4).
72 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 69,697 75,697
SYSTEM (FTUAS).
.................................. Army UFR--Acceleration of FTUAS... [6,000]
73 0604114A LOWER TIER AIR MISSILE DEFENSE 327,690 327,690
(LTAMD) SENSOR.
74 0604115A TECHNOLOGY MATURATION INITIATIVES. 270,124 270,124
75 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 39,376 39,376
(M-SHORAD).
76 0604119A ARMY ADVANCED COMPONENT 189,483 189,483
DEVELOPMENT & PROTOTYPING.
77 0604120A ASSURED POSITIONING, NAVIGATION 96,679 96,679
AND TIMING (PNT).
78 0604121A SYNTHETIC TRAINING ENVIRONMENT 194,195 198,795
REFINEMENT & PROTOTYPING.
.................................. Synthetic training enviroment..... [4,600]
79 0604134A COUNTER IMPROVISED-THREAT 13,379 13,379
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
80 0604182A HYPERSONICS....................... 300,928 300,928
81 0604403A FUTURE INTERCEPTOR................ 7,895 7,895
82 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 19,148 19,148
SYSTEMS ADVANCED DEVELOPMENT.
83 0604541A UNIFIED NETWORK TRANSPORT......... 35,409 35,409
84 0604644A MOBILE MEDIUM RANGE MISSILE....... 286,457 286,457
85 0604785A INTEGRATED BASE DEFENSE (BUDGET 2,040 2,040
ACTIVITY 4).
86 0305251A CYBERSPACE OPERATIONS FORCES AND 52,988 52,988
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 3,806,330 3,823,634
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
89 0604201A AIRCRAFT AVIONICS................. 6,654 6,654
90 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 30,840 30,840
91 0604601A INFANTRY SUPPORT WEAPONS.......... 67,873 67,873
92 0604604A MEDIUM TACTICAL VEHICLES.......... 11,374 11,374
93 0604611A JAVELIN........................... 7,094 7,094
94 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 31,602 31,602
95 0604633A AIR TRAFFIC CONTROL............... 4,405 4,405
96 0604642A LIGHT TACTICAL WHEELED VEHICLES... 2,055 7,655
.................................. Army UFR--Electric light [5,600]
reconnaissance vehicle.
97 0604645A ARMORED SYSTEMS MODERNIZATION 137,256 137,256
(ASM)--ENG DEV.
98 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 62,690 62,690
99 0604713A COMBAT FEEDING, CLOTHING, AND 1,658 1,658
EQUIPMENT.
100 0604715A NON-SYSTEM TRAINING DEVICES--ENG 26,540 26,540
DEV.
101 0604741A AIR DEFENSE COMMAND, CONTROL AND 59,518 59,518
INTELLIGENCE--ENG DEV.
102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 22,331 22,331
DEVELOPMENT.
103 0604746A AUTOMATIC TEST EQUIPMENT 8,807 8,807
DEVELOPMENT.
104 0604760A DISTRIBUTIVE INTERACTIVE 7,453 7,453
SIMULATIONS (DIS)--ENG DEV.
107 0604798A BRIGADE ANALYSIS, INTEGRATION AND 21,534 21,534
EVALUATION.
108 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 309,778 309,778
109 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 59,261 59,261
ENG DEV.
110 0604805A COMMAND, CONTROL, COMMUNICATIONS 20,121 20,121
SYSTEMS--ENG DEV.
111 0604807A MEDICAL MATERIEL/MEDICAL 44,424 44,424
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
112 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 14,137 14,137
113 0604818A ARMY TACTICAL COMMAND & CONTROL 162,704 162,704
HARDWARE & SOFTWARE.
114 0604820A RADAR DEVELOPMENT................. 127,919 127,919
115 0604822A GENERAL FUND ENTERPRISE BUSINESS 17,623 17,623
SYSTEM (GFEBS).
117 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 6,454 6,454
118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 106,354 127,354
SYSTEMS--EMD.
.................................. Army UFR--Active protection [21,000]
systems for Bradley and Stryker.
120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 122,168
121 0605018A INTEGRATED PERSONNEL AND PAY 76,936 76,936
SYSTEM-ARMY (IPPS-A).
122 0605028A ARMORED MULTI-PURPOSE VEHICLE 35,560 35,560
(AMPV).
124 0605030A JOINT TACTICAL NETWORK CENTER 16,364 16,364
(JTNC).
125 0605031A JOINT TACTICAL NETWORK (JTN)...... 28,954 28,954
128 0605035A COMMON INFRARED COUNTERMEASURES 16,630 16,630
(CIRCM).
130 0605038A NUCLEAR BIOLOGICAL CHEMICAL 7,618 7,618
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
[[Page S8669]]
131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 18,892 13,892
.................................. Cyber situational understanding [-5,000]
reduction.
132 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,849 28,849
(LOW-TIER).
133 0605047A CONTRACT WRITING SYSTEM........... 22,960 12,960
.................................. Program reduction................. [-10,000]
135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 65,603 65,603
136 0605052A INDIRECT FIRE PROTECTION 233,512 233,512
CAPABILITY INC 2--BLOCK 1.
137 0605053A GROUND ROBOTICS................... 18,241 18,241
138 0605054A EMERGING TECHNOLOGY INITIATIVES... 254,945 254,945
139 0605143A BIOMETRICS ENABLING CAPABILITY 4,326 4,326
(BEC).
140 0605144A NEXT GENERATION LOAD DEVICE-- 15,616 15,616
MEDIUM.
141 0605145A MEDICAL PRODUCTS AND SUPPORT 962 962
SYSTEMS DEVELOPMENT.
142 0605148A TACTICAL INTEL TARGETING ACCESS 54,972 54,972
NODE (TITAN) EMD.
143 0605203A ARMY SYSTEM DEVELOPMENT & 122,175 122,175
DEMONSTRATION.
144 0605205A SMALL UNMANNED AERIAL VEHICLE 2,275 2,275
(SUAV) (6.5).
145 0605224A MULTI-DOMAIN INTELLIGENCE......... 9,313 9,313
146 0605225A SIO CAPABILITY DEVELOPMENT........ 22,713 22,713
147 0605231A PRECISION STRIKE MISSILE (PRSM)... 188,452 188,452
148 0605232A HYPERSONICS EMD................... 111,473 111,473
149 0605233A ACCESSIONS INFORMATION ENVIRONMENT 18,790 18,790
(AIE).
150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,134 2,134
151 0605457A ARMY INTEGRATED AIR AND MISSILE 157,873 157,873
DEFENSE (AIAMD).
152 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 33,386 33,386
SYSTEMS SYS DEV & DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE............. 225,106 225,106
154 0605766A NATIONAL CAPABILITIES INTEGRATION 14,454 14,454
(MIP).
155 0605812A JOINT LIGHT TACTICAL VEHICLE 2,564 2,564
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
156 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,201 1,201
157 0303032A TROJAN--RH12...................... 3,362 3,362
161 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 75,520 92,360
.................................. Army UFR--Terrestrial Layer System [16,840]
(TLS) Echelon Above Brigade (EAB).
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,392,358 3,420,798
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
162 0604256A THREAT SIMULATOR DEVELOPMENT...... 18,439 18,439
163 0604258A TARGET SYSTEMS DEVELOPMENT........ 17,404 17,404
164 0604759A MAJOR T&E INVESTMENT.............. 68,139 68,139
165 0605103A RAND ARROYO CENTER................ 33,126 33,126
166 0605301A ARMY KWAJALEIN ATOLL.............. 240,877 267,877
.................................. Army UFR--Preserve Kwajalein Atoll [27,000]
quality of life.
167 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 79,710 79,710
169 0605601A ARMY TEST RANGES AND FACILITIES... 354,227 354,227
170 0605602A ARMY TECHNICAL TEST 49,253 49,253
INSTRUMENTATION AND TARGETS.
171 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,389 36,389
172 0605606A AIRCRAFT CERTIFICATION............ 2,489 2,489
173 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,689 6,689
ACTIVITIES.
174 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,558 21,558
175 0605709A EXPLOITATION OF FOREIGN ITEMS..... 13,631 13,631
176 0605712A SUPPORT OF OPERATIONAL TESTING.... 55,122 55,122
177 0605716A ARMY EVALUATION CENTER............ 65,854 65,854
178 0605718A ARMY MODELING & SIM X-CMD 2,633 2,633
COLLABORATION & INTEG.
179 0605801A PROGRAMWIDE ACTIVITIES............ 96,589 96,589
180 0605803A TECHNICAL INFORMATION ACTIVITIES.. 26,808 26,808
181 0605805A MUNITIONS STANDARDIZATION, 43,042 43,042
EFFECTIVENESS AND SAFETY.
182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,789 1,789
MGMT SUPPORT.
183 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 52,108 52,108
R&D - MHA.
185 0606002A RONALD REAGAN BALLISTIC MISSILE 80,952 80,952
DEFENSE TEST SITE.
186 0606003A COUNTERINTEL AND HUMAN INTEL 5,363 5,363
MODERNIZATION.
187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES... 39,041 39,041
188 0606942A ASSESSMENTS AND EVALUATIONS CYBER 5,466 5,466
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,416,698 1,443,698
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 12,314 12,314
191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,868 8,868
192 0607131A WEAPONS AND MUNITIONS PRODUCT 22,828 22,828
IMPROVEMENT PROGRAMS.
194 0607136A BLACKHAWK PRODUCT IMPROVEMENT 4,773 4,773
PROGRAM.
195 0607137A CHINOOK PRODUCT IMPROVEMENT 52,372 70,372
PROGRAM.
.................................. CH-47 Chinook cargo on/off loading [8,000]
system.
.................................. Program increase.................. [10,000]
196 0607139A IMPROVED TURBINE ENGINE PROGRAM... 275,024 275,024
197 0607142A AVIATION ROCKET SYSTEM PRODUCT 12,417 12,417
IMPROVEMENT AND DEVELOPMENT.
198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 4,594 4,594
PRODUCTS.
199 0607145A APACHE FUTURE DEVELOPMENT......... 10,067 25,067
.................................. Program increase.................. [15,000]
200 0607148A AN/TPQ-53 COUNTERFIRE TARGET 56,681 56,681
ACQUISITION RADAR SYSTEM.
201 0607150A INTEL CYBER DEVELOPMENT........... 3,611 12,471
.................................. Army UFR--Cyber-Info Dominance [8,860]
Center.
202 0607312A ARMY OPERATIONAL SYSTEMS 28,029 28,029
DEVELOPMENT.
203 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 5,673 5,673
204 0607665A FAMILY OF BIOMETRICS.............. 1,178 1,178
205 0607865A PATRIOT PRODUCT IMPROVEMENT....... 125,932 125,932
[[Page S8670]]
206 0203728A JOINT AUTOMATED DEEP OPERATION 25,547 25,547
COORDINATION SYSTEM (JADOCS).
207 0203735A COMBAT VEHICLE IMPROVEMENT 211,523 275,623
PROGRAMS.
.................................. Abrams tank modernization......... [64,100]
208 0203743A 155MM SELF-PROPELLED HOWITZER 213,281 213,281
IMPROVEMENTS.
210 0203752A AIRCRAFT ENGINE COMPONENT 132 132
IMPROVEMENT PROGRAM.
211 0203758A DIGITIZATION...................... 3,936 3,936
212 0203801A MISSILE/AIR DEFENSE PRODUCT 127 127
IMPROVEMENT PROGRAM.
213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 10,265 10,265
PROGRAMS.
214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 262 262
OPERATIONAL SYSTEM DEV.
215 0205456A LOWER TIER AIR AND MISSILE DEFENSE 182 182
(AMD) SYSTEM.
216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 63,937 63,937
SYSTEM (GMLRS).
217 0208053A JOINT TACTICAL GROUND SYSTEM...... 13,379 13,379
219 0303028A SECURITY AND INTELLIGENCE 24,531 24,531
ACTIVITIES.
220 0303140A INFORMATION SYSTEMS SECURITY 15,720 10,720
PROGRAM.
.................................. Identity, credentialing, and [-5,000]
access management reduction.
221 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 52,739 61,739
.................................. Army UFR--ERP convergence/ [9,000]
modernization.
222 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 15,247 15,247
226 0305179A INTEGRATED BROADCAST SERVICE (IBS) 5,430 5,430
227 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 8,410 8,410
228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 24,460 24,460
233 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,066 2,066
234 0708045A END ITEM INDUSTRIAL PREPAREDNESS 61,720 61,720
ACTIVITIES.
999 9999999999 CLASSIFIED PROGRAMS............... 2,993 2,993
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,380,248 1,490,208
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
237 0608041A DEFENSIVE CYBER--SOFTWARE 118,811 118,811
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 118,811 118,811
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 12,799,645 13,105,849
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
1 0601103N UNIVERSITY RESEARCH INITIATIVES... 117,448 150,448
.................................. High-performance computation and [3,000]
data equipment.
.................................. University research programs...... [30,000]
3 0601153N DEFENSE RESEARCH SCIENCES......... 484,421 484,421
.................................. SUBTOTAL BASIC RESEARCH........... 601,869 634,869
..................................
.................................. APPLIED RESEARCH
4 0602114N POWER PROJECTION APPLIED RESEARCH. 23,013 26,013
.................................. Graphene electro-active [3,000]
metamaterials.
5 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,888 127,888
.................................. Relative positioning of autonomous [3,000]
platforms.
.................................. Resilient Innovative Sustainable [2,000]
Economies via University
Partnerships (RISE-UP).
6 0602131M MARINE CORPS LANDING FORCE 51,112 51,112
TECHNOLOGY.
7 0602235N COMMON PICTURE APPLIED RESEARCH... 51,477 51,477
8 0602236N WARFIGHTER SUSTAINMENT APPLIED 70,547 76,047
RESEARCH.
.................................. Anti-corrosion nanotechnologies... [3,000]
.................................. Humanoid robotics research........ [2,500]
9 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 85,157 85,157
RESEARCH.
10 0602435N OCEAN WARFIGHTING ENVIRONMENT 70,086 70,086
APPLIED RESEARCH.
11 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,405 6,405
RESEARCH.
12 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 57,484 79,484
.................................. Undersea vehicle research academic [12,000]
partnerships.
.................................. Undersea warfare applied research. [10,000]
13 0602750N FUTURE NAVAL CAPABILITIES APPLIED 173,356 173,356
RESEARCH.
14 0602782N MINE AND EXPEDITIONARY WARFARE 32,160 32,160
APPLIED RESEARCH.
15 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 152,976 152,976
APPLIED RESEARCH.
16 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 79,254 79,254
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 975,915 1,011,415
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
17 0603123N FORCE PROTECTION ADVANCED 21,661 21,661
TECHNOLOGY.
18 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,146 8,146
TECHNOLOGY.
19 0603640M USMC ADVANCED TECHNOLOGY 224,155 244,455
DEMONSTRATION (ATD).
.................................. Marine Corps UFR--Maritime [5,300]
Targeting Cell-Expeditionary.
.................................. Marine Corps UFR--Unmanned [10,000]
adversary technology investment.
.................................. Unmanned systems interoperability. [5,000]
20 0603651M JOINT NON-LETHAL WEAPONS 13,429 13,429
TECHNOLOGY DEVELOPMENT.
21 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 265,299 265,299
TECHNOLOGY DEVELOPMENT.
22 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 57,236 57,236
23 0603729N WARFIGHTER PROTECTION ADVANCED 4,935 4,935
TECHNOLOGY.
24 0603758N NAVY WARFIGHTING EXPERIMENTS AND 47,167 47,167
DEMONSTRATIONS.
25 0603782N MINE AND EXPEDITIONARY WARFARE 1,981 1,981
ADVANCED TECHNOLOGY.
26 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,779 113,779
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Naval prototypes reduction........ [-20,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 777,788 778,088
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
27 0603128N UNMANNED AERIAL SYSTEM............ 16,879 61,879
[[Page S8671]]
.................................. Marine Corps UFR--MQ-9 payload [20,000]
upgrade.
.................................. Medium-altitude, long-endurance [25,000]
manned-unmanned experimentation.
28 0603178N MEDIUM AND LARGE UNMANNED SURFACE 144,846 144,846
VEHICLES (USVS).
29 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 27,849 27,849
30 0603216N AVIATION SURVIVABILITY............ 16,815 16,815
31 0603239N NAVAL CONSTRUCTION FORCES......... 5,290 5,290
33 0603254N ASW SYSTEMS DEVELOPMENT........... 17,612 17,612
34 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,111 3,111
35 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 32,310 32,310
36 0603502N SURFACE AND SHALLOW WATER MINE 58,013 58,013
COUNTERMEASURES.
37 0603506N SURFACE SHIP TORPEDO DEFENSE...... 1,862 1,862
38 0603512N CARRIER SYSTEMS DEVELOPMENT....... 7,182 7,182
39 0603525N PILOT FISH........................ 408,087 484,687
.................................. Navy UFR--Classified.............. [76,600]
40 0603527N RETRACT LARCH..................... 44,197 44,197
41 0603536N RETRACT JUNIPER................... 144,541 144,541
42 0603542N RADIOLOGICAL CONTROL.............. 761 761
43 0603553N SURFACE ASW....................... 1,144 1,144
44 0603561N ADVANCED SUBMARINE SYSTEM 99,782 99,782
DEVELOPMENT.
45 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 14,059 14,059
46 0603563N SHIP CONCEPT ADVANCED DESIGN...... 111,590 111,590
47 0603564N SHIP PRELIMINARY DESIGN & 106,957 106,957
FEASIBILITY STUDIES.
48 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 203,572 203,572
49 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 78,122 78,122
50 0603576N CHALK EAGLE....................... 80,270 80,270
51 0603581N LITTORAL COMBAT SHIP (LCS)........ 84,924 84,924
52 0603582N COMBAT SYSTEM INTEGRATION......... 17,322 17,322
53 0603595N OHIO REPLACEMENT.................. 296,231 296,231
54 0603596N LCS MISSION MODULES............... 75,995 75,995
55 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 7,805 7,805
56 0603599N FRIGATE DEVELOPMENT............... 109,459 109,459
57 0603609N CONVENTIONAL MUNITIONS............ 7,296 7,296
58 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 77,065 77,065
SYSTEM.
59 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 34,785 34,785
DEVELOPMENT.
60 0603713N OCEAN ENGINEERING TECHNOLOGY 8,774 8,774
DEVELOPMENT.
61 0603721N ENVIRONMENTAL PROTECTION.......... 20,677 20,677
62 0603724N NAVY ENERGY PROGRAM............... 33,824 33,824
63 0603725N FACILITIES IMPROVEMENT............ 6,327 6,327
64 0603734N CHALK CORAL....................... 579,389 579,389
65 0603739N NAVY LOGISTIC PRODUCTIVITY........ 669 669
66 0603746N RETRACT MAPLE..................... 295,295 295,295
67 0603748N LINK PLUMERIA..................... 692,280 692,280
68 0603751N RETRACT ELM....................... 83,904 83,904
69 0603764M LINK EVERGREEN.................... 221,253 264,453
.................................. Marine Corps UFR--Additional [43,200]
development.
71 0603790N NATO RESEARCH AND DEVELOPMENT..... 5,805 5,805
72 0603795N LAND ATTACK TECHNOLOGY............ 4,017 4,017
73 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 29,589 29,589
74 0603860N JOINT PRECISION APPROACH AND 24,450 24,450
LANDING SYSTEMS--DEM/VAL.
75 0603925N DIRECTED ENERGY AND ELECTRIC 81,803 170,103
WEAPON SYSTEMS.
.................................. Navy UFR--HELIOS SNLWS [88,300]
Increment1.5.
76 0604014N F/A -18 INFRARED SEARCH AND TRACK 48,793 48,793
(IRST).
77 0604027N DIGITAL WARFARE OFFICE............ 46,769 58,269
.................................. Navy UFR--Accelerate Naval [11,500]
Tactical Grid Development for
Joint All-Domain Command and
Control (JADC2).
78 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 84,676 84,676
VEHICLES.
79 0604029N UNMANNED UNDERSEA VEHICLE CORE 59,299 59,299
TECHNOLOGIES.
81 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 88,063 88,063
82 0604112N GERALD R. FORD CLASS NUCLEAR 121,509 121,509
AIRCRAFT CARRIER (CVN 78--80).
83 0604126N LITTORAL AIRBORNE MCM............. 18,669 18,669
84 0604127N SURFACE MINE COUNTERMEASURES...... 13,655 13,655
85 0604272N TACTICAL AIR DIRECTIONAL INFRARED 33,246 33,246
COUNTERMEASURES (TADIRCM).
86 0604289M NEXT GENERATION LOGISTICS......... 1,071 1,071
87 0604292N FUTURE VERTICAL LIFT (MARITIME 9,825 9,825
STRIKE).
88 0604320M RAPID TECHNOLOGY CAPABILITY 6,555 6,555
PROTOTYPE.
89 0604454N LX (R)............................ 3,344 3,344
90 0604536N ADVANCED UNDERSEA PROTOTYPING..... 58,473 58,473
91 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,529 5,529
(C-UAS).
92 0604659N PRECISION STRIKE WEAPONS 97,944 97,944
DEVELOPMENT PROGRAM.
93 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 9,340 9,340
ARCHITECTURE/ENGINEERING SUPPORT.
94 0604786N OFFENSIVE ANTI-SURFACE WARFARE 127,756 127,756
WEAPON DEVELOPMENT.
95 0605512N MEDIUM UNMANNED SURFACE VEHICLES 60,028 60,028
(MUSVS)).
96 0605513N UNMANNED SURFACE VEHICLE ENABLING 170,838 170,838
CAPABILITIES.
97 0605514M GROUND BASED ANTI-SHIP MISSILE 102,716 102,716
(MARFORRES).
98 0605516M LONG RANGE FIRES (MARFORRES)...... 88,479 88,479
99 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 1,372,340 1,498,340
.................................. Navy UFR--Additional CPS [126,000]
development.
100 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 8,571 8,571
101 0304240M ADVANCED TACTICAL UNMANNED 16,204 16,204
AIRCRAFT SYSTEM.
102 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 506 506
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 7,077,987 7,468,587
DEVELOPMENT & PROTOTYPES.
..................................
[[Page S8672]]
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
103 0603208N TRAINING SYSTEM AIRCRAFT.......... 5,864 5,864
104 0604212N OTHER HELO DEVELOPMENT............ 56,444 56,444
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 10,146 10,146
106 0604215N STANDARDS DEVELOPMENT............. 4,082 4,082
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 46,418 46,418
DEVELOPMENT.
108 0604221N P-3 MODERNIZATION PROGRAM......... 579 579
109 0604230N WARFARE SUPPORT SYSTEM............ 10,167 10,167
110 0604231N COMMAND AND CONTROL SYSTEMS....... 122,913 162,113
.................................. Navy UFR--Naval Operational [39,200]
Business Logistics Enterprise
(NOBLE).
111 0604234N ADVANCED HAWKEYE.................. 386,860 386,860
112 0604245M H-1 UPGRADES...................... 50,158 50,158
113 0604261N ACOUSTIC SEARCH SENSORS........... 46,066 46,066
114 0604262N V-22A............................. 107,984 107,984
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 22,746 22,746
116 0604269N EA-18............................. 68,425 68,425
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 139,535 151,535
.................................. Marine Corps UFR--Integration of [6,500]
EM spectrum ops into AN/ALQ-
231(V).
.................................. Marine Corps UFR--Integration of [5,500]
multi-domain capabilities into AN/
ALQ-231(V).
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 45,932 45,932
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 243,923 243,923
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 234,434 242,734
(JTRS-NAVY).
.................................. Navy UFR--Accelerate Naval [8,300]
Tactical Grid Development for
Joint All-Domain Command and
Control (JADC2).
121 0604282N NEXT GENERATION JAMMER (NGJ) 248,096 248,096
INCREMENT II.
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 371,575 371,575
ENGINEERING.
123 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 904 904
124 0604329N SMALL DIAMETER BOMB (SDB)......... 46,769 46,769
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 343,511 343,511
126 0604373N AIRBORNE MCM...................... 10,881 10,881
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 46,121 59,121
COUNTER AIR SYSTEMS ENGINEERING.
.................................. Stratospheric balloon research.... [13,000]
128 0604419N ADVANCED SENSORS APPLICATION 0 15,000
PROGRAM (ASAP).
.................................. Program increase.................. [15,000]
129 0604501N ADVANCED ABOVE WATER SENSORS...... 77,852 77,852
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 95,693 95,693
131 0604504N AIR CONTROL....................... 27,499 27,499
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 8,924 8,924
133 0604518N COMBAT INFORMATION CENTER 11,631 11,631
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 96,556 96,556
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 147 147
136 0604558N NEW DESIGN SSN.................... 503,252 503,252
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,115 62,115
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 54,829 54,829
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,290 4,290
140 0604601N MINE DEVELOPMENT.................. 76,027 76,027
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 94,386 94,386
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,348 8,348
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 42,144 42,144
SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, SIMULATION, 7,375 7,375
AND HUMAN FACTORS.
146 0604755N SHIP SELF DEFENSE (DETECT & 149,433 149,433
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 87,862 87,862
KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 69,006 69,006
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 20,684 20,684
150 0604771N MEDICAL DEVELOPMENT............... 3,967 3,967
151 0604777N NAVIGATION/ID SYSTEM.............. 48,837 48,837
152 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 577 577
153 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 262 262
154 0604850N SSN(X)............................ 29,829 55,629
.................................. Navy UFR--SSN(X) non-propulsion [25,800]
development.
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 233,828
.................................. Contract writing systems reduction [-10,000]
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,426 8,426
158 0605180N TACAMO MODERNIZATION.............. 150,592 517,792
.................................. Navy UFR--Acceleration of EC-130J- [367,200]
30 TACAMO Recapitalization.
159 0605212M CH-53K RDTE....................... 256,903 256,903
160 0605215N MISSION PLANNING.................. 88,128 88,128
161 0605217N COMMON AVIONICS................... 60,117 92,017
.................................. Marine Corps UFR--MANGL Digital [31,900]
Interoperability.
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 6,320 6,320
163 0605327N T-AO 205 CLASS.................... 4,336 4,336
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 268,937 355,937
.................................. Navy UFR--MQ-25 Emissions Control [87,000]
and Manned-Unmanned Teaming.
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 356 356
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 27,279 27,279
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 173,784 173,784
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 80,709 80,709
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,005 2,005
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 112,576 112,576
174 0304785N ISR & INFO OPERATIONS............. 136,140 136,140
175 0306250M CYBER OPERATIONS TECHNOLOGY 26,318 26,318
DEVELOPMENT.
[[Page S8673]]
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,910,089 6,499,489
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
176 0604256N THREAT SIMULATOR DEVELOPMENT...... 20,862 20,862
177 0604258N TARGET SYSTEMS DEVELOPMENT........ 12,113 12,113
178 0604759N MAJOR T&E INVESTMENT.............. 84,617 84,617
179 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,108 3,108
180 0605154N CENTER FOR NAVAL ANALYSES......... 38,590 38,590
183 0605804N TECHNICAL INFORMATION SERVICES.... 934 934
184 0605853N MANAGEMENT, TECHNICAL & 93,966 93,966
INTERNATIONAL SUPPORT.
185 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,538 3,538
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 135,149 135,149
187 0605864N TEST AND EVALUATION SUPPORT....... 429,277 429,277
188 0605865N OPERATIONAL TEST AND EVALUATION 24,872 24,872
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 17,653 17,653
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,065 8,065
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 47,042 47,042
192 0605898N MANAGEMENT HQ--R&D................ 35,614 35,614
193 0606355N WARFARE INNOVATION MANAGEMENT..... 38,958 38,958
194 0305327N INSIDER THREAT.................... 2,581 2,581
195 0902498N MANAGEMENT HEADQUARTERS 1,747 1,747
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 998,686 998,686
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604840M F-35 C2D2......................... 515,746 515,746
200 0604840N F-35 C2D2......................... 481,962 481,962
201 0605520M MARINE CORPS AIR DEFENSE WEAPONS 65,381 65,381
SYSTEMS (MARFORRES).
202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 176,486 176,486
(CEC).
203 0101221N STRATEGIC SUB & WEAPONS SYSTEM 177,098 185,098
SUPPORT.
.................................. Strategic weapons system shipboard [8,000]
navigation modernization.
204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 45,775 45,775
205 0101226N SUBMARINE ACOUSTIC WARFARE 64,752 64,752
DEVELOPMENT.
206 0101402N NAVY STRATEGIC COMMUNICATIONS..... 35,451 35,451
207 0204136N F/A-18 SQUADRONS.................. 189,224 192,224
.................................. Neural network algorithms on [3,000]
advanced processors.
208 0204228N SURFACE SUPPORT................... 13,733 13,733
209 0204229N TOMAHAWK AND TOMAHAWK MISSION 132,181 132,181
PLANNING CENTER (TMPC).
210 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 84,276 84,276
211 0204313N SHIP-TOWED ARRAY SURVEILLANCE 6,261 6,261
SYSTEMS.
212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,657 1,657
(DISPLACEMENT CRAFT).
213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 21,367 68,367
ATOR).
.................................. Marine Corps UFR--Air traffic [23,000]
control Block IV development.
.................................. Marine Corps UFR--Radar signal [12,000]
processor refresh.
.................................. Marine Corps UFR--Software mods to [12,000]
implement NIFC.
214 0204571N CONSOLIDATED TRAINING SYSTEMS 56,741 56,741
DEVELOPMENT.
215 0204575N ELECTRONIC WARFARE (EW) READINESS 62,006 62,006
SUPPORT.
216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 133,520 133,520
217 0205620N SURFACE ASW COMBAT SYSTEM 28,804 28,804
INTEGRATION.
218 0205632N MK-48 ADCAP....................... 114,492 114,492
219 0205633N AVIATION IMPROVEMENTS............. 132,486 132,486
220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 113,760 113,760
221 0206313M MARINE CORPS COMMUNICATIONS 89,897 92,697
SYSTEMS.
.................................. Marine Corps UFR--CEC DDS antenna [2,800]
enhancements.
222 0206335M COMMON AVIATION COMMAND AND 9,324 12,824
CONTROL SYSTEM (CAC2S).
.................................. Marine Corps UFR--Software [3,500]
development for NIFC integration.
223 0206623M MARINE CORPS GROUND COMBAT/ 108,235 108,235
SUPPORTING ARMS SYSTEMS.
224 0206624M MARINE CORPS COMBAT SERVICES 13,185 13,185
SUPPORT.
225 0206625M USMC INTELLIGENCE/ELECTRONIC 37,695 44,295
WARFARE SYSTEMS (MIP).
.................................. Marine Corps UFR--G-BOSS High [3,700]
Definition modernization.
.................................. Marine Corps UFR--SCINet [2,900]
transition.
226 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 7,551 7,551
227 0207161N TACTICAL AIM MISSILES............. 23,881 23,881
228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 32,564 32,564
MISSILE (AMRAAM).
229 0208043N PLANNING AND DECISION AID SYSTEM 3,101 3,101
(PDAS).
234 0303138N AFLOAT NETWORKS................... 30,890 35,690
.................................. Navy UFR--Accelerate Naval [4,800]
Tactical Grid Development for
Joint All-Domain Command and
Control (JADC2).
235 0303140N INFORMATION SYSTEMS SECURITY 33,311 33,311
PROGRAM.
236 0305192N MILITARY INTELLIGENCE PROGRAM 7,514 7,514
(MIP) ACTIVITIES.
237 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,837 9,837
238 0305205N UAS INTEGRATION AND 9,797 9,797
INTEROPERABILITY.
239 0305208M DISTRIBUTED COMMON GROUND/SURFACE 38,800 38,800
SYSTEMS.
240 0305220N MQ-4C TRITON...................... 13,029 13,029
241 0305231N MQ-8 UAV.......................... 26,543 26,543
242 0305232M RQ-11 UAV......................... 533 533
243 0305234N SMALL (LEVEL 0) TACTICAL UAS 1,772 1,772
(STUASL0).
245 0305241N MULTI-INTELLIGENCE SENSOR 59,252 59,252
DEVELOPMENT.
246 0305242M UNMANNED AERIAL SYSTEMS (UAS) 9,274 9,274
PAYLOADS (MIP).
247 0305251N CYBERSPACE OPERATIONS FORCES AND 36,378 36,378
FORCE SUPPORT.
248 0305421N RQ-4 MODERNIZATION................ 134,323 134,323
249 0307577N INTELLIGENCE MISSION DATA (IMD)... 907 907
250 0308601N MODELING AND SIMULATION SUPPORT... 9,772 9,772
[[Page S8674]]
251 0702207N DEPOT MAINTENANCE (NON-IF)........ 36,880 36,880
252 0708730N MARITIME TECHNOLOGY (MARITECH).... 3,329 3,329
999 9999999999 CLASSIFIED PROGRAMS............... 1,872,586 1,872,586
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,313,319 5,389,019
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
254 0608013N RISK MANAGEMENT INFORMATION-- 13,703 13,703
SOFTWARE PILOT PROGRAM.
255 0608113N NAVY NEXT GENERATION ENTERPRISE 955,151 955,151
NETWORK (NGEN)--SOFTWARE PILOT
PROGRAM.
256 0608231N MARITIME TACTICAL COMMAND AND 14,855 14,855
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 983,709 983,709
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 22,639,362 23,763,862
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
1 0601102F DEFENSE RESEARCH SCIENCES......... 328,303 328,303
2 0601103F UNIVERSITY RESEARCH INITIATIVES... 162,403 192,403
.................................. University research programs...... [30,000]
.................................. SUBTOTAL BASIC RESEARCH........... 490,706 520,706
..................................
.................................. APPLIED RESEARCH
4 0602020F FUTURE AF CAPABILITIES APPLIED 79,901 79,901
RESEARCH.
5 0602102F MATERIALS......................... 113,460 125,460
.................................. Continuous composites 3D printing. [7,000]
.................................. High energy synchrotron x-ray [5,000]
research.
6 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 163,032 173,032
.................................. Ground test and development of [5,000]
hypersonic engines.
.................................. Hypersonic flight test services... [5,000]
7 0602202F HUMAN EFFECTIVENESS APPLIED 136,273 136,273
RESEARCH.
8 0602203F AEROSPACE PROPULSION.............. 174,683 181,683
.................................. Low-cost small turbine engine [7,000]
research.
9 0602204F AEROSPACE SENSORS................. 198,918 448,918
.................................. Microelectronics research network. [250,000]
11 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,891 8,891
MAJOR HEADQUARTERS ACTIVITIES.
12 0602602F CONVENTIONAL MUNITIONS............ 151,757 151,757
13 0602605F DIRECTED ENERGY TECHNOLOGY........ 111,052 111,052
14 0602788F DOMINANT INFORMATION SCIENCES AND 169,110 169,110
METHODS.
.................................. SUBTOTAL APPLIED RESEARCH......... 1,307,077 1,586,077
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
17 0603032F FUTURE AF INTEGRATED TECHNOLOGY 131,643 128,743
DEMOS.
.................................. Procure Valkyrie aircraft......... [75,000]
.................................. Program reduction................. [-77,900]
18 0603112F ADVANCED MATERIALS FOR WEAPON 31,905 31,905
SYSTEMS.
19 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 21,057 21,057
(S&T).
20 0603203F ADVANCED AEROSPACE SENSORS........ 45,464 45,464
21 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 70,486 72,486
.................................. B-52 engine pylon fairings........ [2,000]
22 0603216F AEROSPACE PROPULSION AND POWER 75,273 75,273
TECHNOLOGY.
23 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 46,591 46,591
26 0603456F HUMAN EFFECTIVENESS ADVANCED 24,589 24,589
TECHNOLOGY DEVELOPMENT.
27 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 157,423 157,423
28 0603605F ADVANCED WEAPONS TECHNOLOGY....... 28,258 28,258
29 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 45,259 54,259
.................................. Hypersonics materials [2,000]
manufacturing.
.................................. Sustainment and modernization [7,000]
research and development program.
30 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,772 56,772
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 734,720 742,820
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
31 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,795 5,795
32 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 21,939 21,939
33 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,114 4,114
34 0603851F INTERCONTINENTAL BALLISTIC 49,621 49,621
MISSILE--DEM/VAL.
36 0604001F NC3 ADVANCED CONCEPTS............. 6,900 6,900
37 0604002F AIR FORCE WEATHER SERVICES 986 986
RESEARCH.
38 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 203,849 203,849
(ABMS).
39 0604004F ADVANCED ENGINE DEVELOPMENT....... 123,712 210,712
.................................. Air Force UFR--Complete two [57,000]
prototype engines.
.................................. Program increase.................. [30,000]
40 0604006F ARCHITECTURE INITIATIVES.......... 82,438 162,438
.................................. Acceleration of tactical datalink [80,000]
waveform.
41 0604015F LONG RANGE STRIKE--BOMBER......... 2,872,624 2,872,624
42 0604032F DIRECTED ENERGY PROTOTYPING....... 10,820 10,820
43 0604033F HYPERSONICS PROTOTYPING........... 438,378 438,378
44 0604201F PNT RESILIENCY, MODS, AND 39,742 39,742
IMPROVEMENTS.
45 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,745 28,745
.................................. Air Force automatic target [5,000]
recognition.
46 0604288F SURVIVABLE AIRBORNE OPERATIONS 95,788 95,788
CENTER.
47 0604317F TECHNOLOGY TRANSFER............... 15,768 23,268
.................................. Academic technology transfer [7,500]
partnerships.
[[Page S8675]]
48 0604327F HARD AND DEEPLY BURIED TARGET 15,886 15,886
DEFEAT SYSTEM (HDBTDS) PROGRAM.
49 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 71,229 71,229
ACS.
50 0604776F DEPLOYMENT & DISTRIBUTION 40,103 40,103
ENTERPRISE R&D.
51 0604858F TECH TRANSITION PROGRAM........... 343,545 460,345
.................................. Blended wing body prototype phase [15,000]
1.
.................................. C-17 active winglets phase 1...... [5,000]
.................................. Cold spray technologies........... [5,000]
.................................. Engine compressor blade coatings.. [2,000]
.................................. KC-135 winglets................... [10,000]
.................................. NORTHCOM UFR--Proliferated low [79,800]
earth orbit Arctic communications.
52 0605230F GROUND BASED STRATEGIC DETERRENT.. 2,553,541 2,553,541
54 0207110F NEXT GENERATION AIR DOMINANCE..... 1,524,667 1,524,667
56 0207522F AIRBASE AIR DEFENSE SYSTEMS 10,905 10,905
(ABADS).
57 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 3,943 3,943
59 0305236F COMMON DATA LINK EXECUTIVE AGENT 43,881 43,881
(CDL EA).
61 0305601F MISSION PARTNER ENVIRONMENTS...... 16,420 16,420
62 0306250F CYBER OPERATIONS TECHNOLOGY 242,499 282,499
SUPPORT.
.................................. Coordination with private sector [15,000]
to protect against foreign
malicious cyber actors.
.................................. CYBERCOM enhanced attribution [25,000]
transition.
63 0306415F ENABLED CYBER ACTIVITIES.......... 16,578 16,578
66 0901410F CONTRACTING INFORMATION TECHNOLOGY 20,343 10,343
SYSTEM.
.................................. Contract writing systems reduction [-10,000]
.................................. SUBTOTAL ADVANCED COMPONENT 8,899,759 9,226,059
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
78 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 23,499 23,499
PROGRAMS.
79 0604201F PNT RESILIENCY, MODS, AND 167,520 167,520
IMPROVEMENTS.
80 0604222F NUCLEAR WEAPONS SUPPORT........... 30,050 30,050
81 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,110 2,110
82 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 169,836 169,836
83 0604287F PHYSICAL SECURITY EQUIPMENT....... 8,469 8,469
85 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 9,047 9,047
86 0604604F SUBMUNITIONS...................... 2,954 2,954
87 0604617F AGILE COMBAT SUPPORT.............. 16,603 16,603
89 0604706F LIFE SUPPORT SYSTEMS.............. 25,437 25,437
90 0604735F COMBAT TRAINING RANGES............ 23,980 37,180
.................................. Air Force combat training ranges.. [7,200]
.................................. GPS denied training............... [3,000]
.................................. Gulf test range improvement....... [3,000]
92 0604932F LONG RANGE STANDOFF WEAPON........ 609,042 609,042
93 0604933F ICBM FUZE MODERNIZATION........... 129,709 129,709
95 0605056F OPEN ARCHITECTURE MANAGEMENT...... 37,109 37,109
97 0605223F ADVANCED PILOT TRAINING........... 188,898 188,898
98 0605229F HH-60W............................ 66,355 66,355
101 0207171F F-15 EPAWSS....................... 112,012 112,012
102 0207328F STAND IN ATTACK WEAPON............ 166,570 166,570
103 0207701F FULL COMBAT MISSION TRAINING...... 7,064 7,064
105 0401221F KC-46A TANKER SQUADRONS........... 73,459 67,459
.................................. Future tanker development......... [-6,000]
107 0401319F VC-25B............................ 680,665 680,665
108 0701212F AUTOMATED TEST SYSTEMS............ 15,445 15,445
109 0804772F TRAINING DEVELOPMENTS............. 4,482 4,482
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,570,315 2,577,515
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
124 0604256F THREAT SIMULATOR DEVELOPMENT...... 41,909 41,909
125 0604759F MAJOR T&E INVESTMENT.............. 130,766 130,766
126 0605101F RAND PROJECT AIR FORCE............ 36,017 36,017
128 0605712F INITIAL OPERATIONAL TEST & 12,582 12,582
EVALUATION.
129 0605807F TEST AND EVALUATION SUPPORT....... 811,032 811,032
131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 243,796 243,796
SYS.
132 0605828F ACQ WORKFORCE- GLOBAL REACH....... 435,930 435,930
133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 435,274 435,274
BUS SYS.
135 0605831F ACQ WORKFORCE- CAPABILITY 243,806 243,806
INTEGRATION.
136 0605832F ACQ WORKFORCE- ADVANCED PRGM 103,041 103,041
TECHNOLOGY.
137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 226,055 226,055
138 0605898F MANAGEMENT HQ--R&D................ 4,079 4,079
139 0605976F FACILITIES RESTORATION AND 70,788 70,788
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
140 0605978F FACILITIES SUSTAINMENT--TEST AND 30,057 30,057
EVALUATION SUPPORT.
141 0606017F REQUIREMENTS ANALYSIS AND 85,799 85,799
MATURATION.
142 0606398F MANAGEMENT HQ--T&E................ 6,163 6,163
143 0303166F SUPPORT TO INFORMATION OPERATIONS 537 537
(IO) CAPABILITIES.
144 0303255F COMMAND, CONTROL, COMMUNICATION, 25,340 42,340
AND COMPUTERS (C4)--STRATCOM.
.................................. Air Force UFR--Build command and [12,000]
control framework.
.................................. Rapid engineering architecture [5,000]
collaboration hub.
145 0308602F ENTERPRISE INFORMATION SERVICES 28,720 28,720
(EIS).
146 0702806F ACQUISITION AND MANAGEMENT SUPPORT 37,211 37,211
147 0804731F GENERAL SKILL TRAINING............ 1,506 1,506
148 0804772F TRAINING DEVELOPMENTS............. 2,957 2,957
150 1001004F INTERNATIONAL ACTIVITIES.......... 2,420 2,420
156 1206864F SPACE TEST PROGRAM (STP).......... 3 3
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 3,015,788 3,032,788
[[Page S8676]]
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 5,509 5,509
TRAINING.
158 0604445F WIDE AREA SURVEILLANCE............ 2,760 2,760
160 0604840F F-35 C2D2......................... 985,404 1,005,404
.................................. Program increase.................. [20,000]
161 0605018F AF INTEGRATED PERSONNEL AND PAY 22,010 22,010
SYSTEM (AF-IPPS).
162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 51,492 51,492
AGENCY.
163 0605117F FOREIGN MATERIEL ACQUISITION AND 71,391 66,391
EXPLOITATION.
.................................. Program reduction................. [-5,000]
164 0605278F HC/MC-130 RECAP RDT&E............. 46,796 46,796
165 0606018F NC3 INTEGRATION................... 26,532 26,532
167 0101113F B-52 SQUADRONS.................... 715,811 715,811
168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 453 453
169 0101126F B-1B SQUADRONS.................... 29,127 29,127
170 0101127F B-2 SQUADRONS..................... 144,047 144,047
171 0101213F MINUTEMAN SQUADRONS............... 113,622 113,622
172 0101316F WORLDWIDE JOINT STRATEGIC 15,202 15,202
COMMUNICATIONS.
174 0101328F ICBM REENTRY VEHICLES............. 96,313 96,313
176 0102110F UH-1N REPLACEMENT PROGRAM......... 16,132 16,132
177 0102326F REGION/SECTOR OPERATION CONTROL 771 771
CENTER MODERNIZATION PROGRAM.
178 0102412F NORTH WARNING SYSTEM (NWS)........ 99 30,199
.................................. NORTHCOM UFR--Over the horizon [25,100]
radar.
.................................. NORTHCOM UFR--Polar over the [5,000]
horizon radar.
179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 42,300 42,300
180 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 5,889 5,889
GENERAL.
181 0205219F MQ-9 UAV.......................... 85,135 85,135
182 0205671F JOINT COUNTER RCIED ELECTRONIC 3,111 3,111
WARFARE.
183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 36,607 36,607
EQUIPMENT.
184 0207131F A-10 SQUADRONS.................... 39,224 39,224
185 0207133F F-16 SQUADRONS.................... 224,573 224,573
186 0207134F F-15E SQUADRONS................... 239,616 239,616
187 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,855 15,855
188 0207138F F-22A SQUADRONS................... 647,296 647,296
189 0207142F F-35 SQUADRONS.................... 69,365 69,365
190 0207146F F-15EX............................ 118,126 118,126
191 0207161F TACTICAL AIM MISSILES............. 32,974 32,974
192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 51,288 51,288
MISSILE (AMRAAM).
193 0207227F COMBAT RESCUE--PARARESCUE......... 852 852
194 0207247F AF TENCAP......................... 23,685 23,685
195 0207249F PRECISION ATTACK SYSTEMS 12,083 12,083
PROCUREMENT.
196 0207253F COMPASS CALL...................... 91,266 91,266
197 0207268F AIRCRAFT ENGINE COMPONENT 103,715 106,715
IMPROVEMENT PROGRAM.
.................................. Additive manufacturing............ [3,000]
198 0207325F JOINT AIR-TO-SURFACE STANDOFF 117,325 117,325
MISSILE (JASSM).
199 0207327F SMALL DIAMETER BOMB (SDB)......... 27,109 27,109
201 0207412F CONTROL AND REPORTING CENTER (CRC) 9,875 9,875
202 0207417F AIRBORNE WARNING AND CONTROL 171,014 171,014
SYSTEM (AWACS).
203 0207418F AFSPECWAR--TACP................... 4,598 4,598
205 0207431F COMBAT AIR INTELLIGENCE SYSTEM 21,863 21,863
ACTIVITIES.
206 0207438F THEATER BATTLE MANAGEMENT (TBM) 7,905 7,905
C4I.
207 0207439F ELECTRONIC WARFARE INTEGRATED 15,000 15,000
REPROGRAMMING (EWIR).
208 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 13,081 13,081
209 0207452F DCAPES............................ 4,305 4,305
210 0207521F AIR FORCE CALIBRATION PROGRAMS.... 1,984 1,984
211 0207522F AIRBASE AIR DEFENSE SYSTEMS 7,392 7,392
(ABADS).
212 0207573F NATIONAL TECHNICAL NUCLEAR 1,971 1,971
FORENSICS.
213 0207590F SEEK EAGLE........................ 30,539 30,539
214 0207601F USAF MODELING AND SIMULATION...... 17,110 17,110
215 0207605F WARGAMING AND SIMULATION CENTERS.. 7,535 7,535
216 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 32,008 32,008
217 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,007 4,007
218 0208006F MISSION PLANNING SYSTEMS.......... 92,557 92,557
219 0208007F TACTICAL DECEPTION................ 489 489
220 0208064F OPERATIONAL HQ--CYBER............. 2,115 2,115
221 0208087F DISTRIBUTED CYBER WARFARE 72,487 72,487
OPERATIONS.
222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 18,449 18,449
223 0208097F JOINT CYBER COMMAND AND CONTROL 79,079 79,079
(JCC2).
224 0208099F UNIFIED PLATFORM (UP)............. 101,893 101,893
228 0208288F INTEL DATA APPLICATIONS........... 493 493
229 0301025F GEOBASE........................... 2,782 2,782
231 0301113F CYBER SECURITY INTELLIGENCE 5,224 5,224
SUPPORT.
238 0301401F AIR FORCE SPACE AND CYBER NON- 2,463 2,463
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
239 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 26,331 26,331
CENTER (NAOC).
240 0303131F MINIMUM ESSENTIAL EMERGENCY 58,165 58,165
COMMUNICATIONS NETWORK (MEECN).
242 0303140F INFORMATION SYSTEMS SECURITY 8,032 3,032
PROGRAM.
.................................. Identity, credentialing, and [-5,000]
access management reduction.
243 0303142F GLOBAL FORCE MANAGEMENT--DATA 452 452
INITIATIVE.
244 0303248F ALL DOMAIN COMMON PLATFORM........ 64,000 64,000
246 0304260F AIRBORNE SIGINT ENTERPRISE........ 97,546 97,546
247 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 3,770 3,770
[[Page S8677]]
251 0305020F CCMD INTELLIGENCE INFORMATION 1,663 1,663
TECHNOLOGY.
252 0305022F ISR MODERNIZATION & AUTOMATION 18,888 18,888
DVMT (IMAD).
253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,672 4,672
(GATM).
254 0305103F CYBER SECURITY INITIATIVE......... 290 290
255 0305111F WEATHER SERVICE................... 26,228 27,228
.................................. Weather forecasting using machine [1,000]
learning.
256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,749 8,749
LANDING SYSTEM (ATCALS).
257 0305116F AERIAL TARGETS.................... 1,528 126,528
.................................. Unmanned adversary air platforms.. [125,000]
260 0305128F SECURITY AND INVESTIGATIVE 223 223
ACTIVITIES.
262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 8,733 8,733
ACTIVITIES.
264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,335 21,335
265 0305202F DRAGON U-2........................ 17,146 74,146
.................................. Air Force UFR--Antenna replacement [57,000]
267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 71,791 138,791
.................................. Air Force UFR--ASARS processor and [67,000]
antenna development.
268 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,799 14,799
269 0305208F DISTRIBUTED COMMON GROUND/SURFACE 24,568 24,568
SYSTEMS.
270 0305220F RQ-4 UAV.......................... 83,124 83,124
271 0305221F NETWORK-CENTRIC COLLABORATIVE 17,224 17,224
TARGETING.
272 0305238F NATO AGS.......................... 19,473 19,473
273 0305240F SUPPORT TO DCGS ENTERPRISE........ 40,421 40,421
274 0305600F INTERNATIONAL INTELLIGENCE 14,473 14,473
TECHNOLOGY AND ARCHITECTURES.
275 0305881F RAPID CYBER ACQUISITION........... 4,326 4,326
276 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,567 2,567
(PRC2).
277 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,169 6,169
278 0401115F C-130 AIRLIFT SQUADRON............ 9,752 9,752
279 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 17,507 17,507
280 0401130F C-17 AIRCRAFT (IF)................ 16,360 16,360
281 0401132F C-130J PROGRAM.................... 14,112 14,112
282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,540 5,540
(LAIRCM).
283 0401218F KC-135S........................... 3,564 3,564
285 0401318F CV-22............................. 17,189 17,189
286 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 6,640 6,640
288 0708055F MAINTENANCE, REPAIR & OVERHAUL 26,921 26,921
SYSTEM.
289 0708610F LOGISTICS INFORMATION TECHNOLOGY 7,071 7,071
(LOGIT).
291 0804743F OTHER FLIGHT TRAINING............. 1,999 1,999
293 0901202F JOINT PERSONNEL RECOVERY AGENCY... 1,841 1,841
294 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,560 3,560
295 0901220F PERSONNEL ADMINISTRATION.......... 3,368 3,368
296 0901226F AIR FORCE STUDIES AND ANALYSIS 1,248 1,248
AGENCY.
297 0901538F FINANCIAL MANAGEMENT INFORMATION 4,852 4,852
SYSTEMS DEVELOPMENT.
301 1202140F SERVICE SUPPORT TO SPACECOM 6,737 6,737
ACTIVITIES.
999 9999999999 CLASSIFIED PROGRAMS............... 15,868,973 15,823,973
.................................. Program reduction................. [-150,000]
.................................. Project A......................... [-5,000]
.................................. Project B......................... [-5,000]
.................................. Project C......................... [-10,000]
.................................. Project D......................... [75,000]
.................................. Project E......................... [50,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 21,743,003 21,991,103
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
317 0608158F STRATEGIC MISSION PLANNING AND 96,100 96,100
EXECUTION SYSTEM--SOFTWARE PILOT
PROGRAM.
318 0608410F AIR & SPACE OPERATIONS CENTER 186,918 186,918
(AOC)--SOFTWARE PILOT PROGRAM.
319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND 135,263 135,263
MANAGEMENT SYSTEM (DEAMS)--
SOFTWARE PILOT PRO.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 418,281 418,281
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 39,179,649 40,095,349
& EVAL, AF.
..................................
.................................. RDTE, SPACE FORCE
.................................. APPLIED RESEARCH
1 1206601SF SPACE TECHNOLOGY.................. 181,209 204,909
.................................. Battery cycle life improvements... [3,000]
.................................. Radiation hardened [5,000]
microelectronics.
.................................. Space Force UFR--Innovation [15,700]
applications.
.................................. SUBTOTAL APPLIED RESEARCH......... 181,209 204,909
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
2 1206616SF SPACE ADVANCED TECHNOLOGY 75,919 146,919
DEVELOPMENT/DEMO.
.................................. Space Force UFR--Accelerate [61,000]
Cislunar flight experiment.
.................................. SPACECOM UFR--Joint space rapid [10,000]
experimentation and demonstration.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 75,919 146,919
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
3 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 434,194 434,194
(USER EQUIPMENT) (SPACE).
4 1203710SF EO/IR WEATHER SYSTEMS............. 162,274 162,274
5 1203905SF SPACE SYSTEM SUPPORT.............. 37,000 37,000
6 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 61,521 61,521
7 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 123,262 130,262
[[Page S8678]]
.................................. Space Force UFR--Maui optical site [7,000]
8 1206427SF SPACE SYSTEMS PROTOTYPE 101,851 129,851
TRANSITIONS (SSPT).
.................................. Space Force UFR--Expand Blackjack [28,000]
radio frequency payloads.
9 1206438SF SPACE CONTROL TECHNOLOGY.......... 32,931 32,931
10 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 56,546 56,546
11 1206760SF PROTECTED TACTICAL ENTERPRISE 100,320 109,320
SERVICE (PTES).
.................................. Space Force UFR--PTES Prototype [9,000]
Development.
12 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 243,285 243,285
13 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 160,056 160,056
14 1206857SF SPACE RAPID CAPABILITIES OFFICE... 66,193 66,193
.................................. SUBTOTAL ADVANCED COMPONENT 1,579,433 1,623,433
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
15 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 264,265 264,265
16 1203940SF SPACE SITUATION AWARENESS 56,279 56,279
OPERATIONS.
17 1206421SF COUNTERSPACE SYSTEMS.............. 38,063 38,063
18 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 1,438 1,438
19 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 127,026 136,026
.................................. Space Force UFR--Add space domain [9,000]
rapid innovation pathfinders.
20 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 28,218 28,218
21 1206432SF POLAR MILSATCOM (SPACE)........... 127,870 127,870
22 1206442SF NEXT GENERATION OPIR.............. 2,451,256 2,451,256
23 1206445SF COMMERCIAL SATCOM (COMSATCOM) 23,400 23,400
INTEGRATION.
24 1206853SF NATIONAL SECURITY SPACE LAUNCH 221,510 230,710
PROGRAM (SPACE)--EMD.
.................................. Space Force UFR--Liquid oxygen [9,200]
explosive tests.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,339,325 3,357,525
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
25 1206116SF SPACE TEST AND TRAINING RANGE 19,319 52,619
DEVELOPMENT.
.................................. Space Force UFR--Signal emulation [33,300]
generation subsystem.
26 1206392SF ACQ WORKFORCE--SPACE & MISSILE 214,051 214,051
SYSTEMS.
27 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 12,119 12,119
MHA.
28 1206759SF MAJOR T&E INVESTMENT--SPACE....... 71,503 71,503
29 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,769 27,769
(SPACE).
.................................. Tactically responsive launch...... [10,000]
31 1206864SF SPACE TEST PROGRAM (STP).......... 20,881 20,881
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 355,642 398,942
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
33 1201017SF GLOBAL SENSOR INTEGRATED ON 4,731 4,731
NETWORK (GSIN).
34 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 156,788 156,788
(FAB-T).
35 1203040SF DCO-SPACE......................... 2,150 13,050
.................................. Space Force UFR--Cyber defense [10,900]
platforms for SBIRs and ground-
based radar.
36 1203109SF NARROWBAND SATELLITE 112,012 112,012
COMMUNICATIONS.
37 1203110SF SATELLITE CONTROL NETWORK (SPACE). 36,810 36,810
38 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 1,966 1,966
(SPACE AND CONTROL SEGMENTS).
39 1203173SF SPACE AND MISSILE TEST AND 1,699 5,699
EVALUATION CENTER.
.................................. Space Force UFR--Improve [4,000]
operations of payload adapter.
40 1203174SF SPACE INNOVATION, INTEGRATION AND 18,054 38,054
RAPID TECHNOLOGY DEVELOPMENT.
.................................. Space Force UFR--Digitial core [20,000]
services for distributed space
test and training.
41 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,115 11,115
42 1203265SF GPS III SPACE SEGMENT............. 7,207 7,207
43 1203330SF SPACE SUPERIORITY ISR............. 18,109 18,109
44 1203620SF NATIONAL SPACE DEFENSE CENTER..... 1,280 1,280
45 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 12,292 12,292
46 1203906SF NCMC--TW/AA SYSTEM................ 9,858 9,858
47 1203913SF NUDET DETECTION SYSTEM (SPACE).... 45,887 45,887
48 1203940SF SPACE SITUATION AWARENESS 64,763 64,763
OPERATIONS.
49 1206423SF GLOBAL POSITIONING SYSTEM III-- 413,766 413,766
OPERATIONAL CONTROL SEGMENT.
53 1206770SF ENTERPRISE GROUND SERVICES........ 191,713 191,713
999 9999999999 CLASSIFIED PROGRAMS............... 4,474,809 4,763,809
.................................. Program increase.................. [10,000]
.................................. Space Force UFR--classified....... [279,000]
.................................. SUBTOTAL OPERATIONAL SYSTEM 5,585,009 5,908,909
DEVELOPMENT.
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
54 1203614SF JSPOC MISSION SYSTEM.............. 154,529 154,529
.................................. SUBTOTAL SOFTWARE & DIGITAL 154,529 154,529
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RDTE, SPACE FORCE........... 11,271,066 11,795,166
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
1 0601000BR DTRA BASIC RESEARCH............... 11,828 11,828
2 0601101E DEFENSE RESEARCH SCIENCES......... 395,781 410,781
.................................. Increase for DARPA-funded [15,000]
university research activities.
3 0601108D8Z HIGH ENERGY LASER RESEARCH 15,390 15,390
INITIATIVES.
4 0601110D8Z BASIC RESEARCH INITIATIVES........ 39,828 72,328
.................................. DEPSCoR........................... [10,000]
.................................. Minerva management and social [22,500]
science research.
5 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 76,018 81,018
SCIENCE.
.................................. Traumatic brain injury research... [5,000]
[[Page S8679]]
6 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 112,195 113,695
.................................. DOD laboratory workforce [1,500]
development program.
7 0601228D8Z HISTORICALLY BLACK COLLEGES AND 31,136 31,136
UNIVERSITIES/MINORITY
INSTITUTIONS.
8 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 34,708 34,708
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........... 716,884 770,884
..................................
.................................. APPLIED RESEARCH
9 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,591 19,591
10 0602115E BIOMEDICAL TECHNOLOGY............. 108,698 123,698
.................................. Program increase.................. [15,000]
12 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 22,918 72,918
.................................. 6G and beyond experimentation [50,000]
efforts.
13 0602234D8Z LINCOLN LABORATORY RESEARCH 55,692 55,692
PROGRAM.
14 0602251D8Z APPLIED RESEARCH FOR THE 65,015 65,015
ADVANCEMENT OF S&T PRIORITIES.
15 0602303E INFORMATION & COMMUNICATIONS 430,363 745,363
TECHNOLOGY.
.................................. National Security Commission on [200,000]
Artificial Intelligence
implementation.
.................................. Program increase.................. [15,000]
.................................. Quantum computing acceleration.... [100,000]
16 0602383E BIOLOGICAL WARFARE DEFENSE........ 31,421 31,421
17 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 206,956 206,956
PROGRAM.
18 0602668D8Z CYBER SECURITY RESEARCH........... 15,380 15,380
19 0602702E TACTICAL TECHNOLOGY............... 202,515 202,515
20 0602715E MATERIALS AND BIOLOGICAL 317,024 332,024
TECHNOLOGY.
.................................. Program increase.................. [15,000]
21 0602716E ELECTRONICS TECHNOLOGY............ 357,384 372,384
.................................. Program increase.................. [15,000]
22 0602718BR COUNTER WEAPONS OF MASS 197,011 197,011
DESTRUCTION APPLIED RESEARCH.
23 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,601 9,601
(SEI) APPLIED RESEARCH.
24 0602890D8Z HIGH ENERGY LASER RESEARCH........ 45,997 45,997
25 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 44,829 44,829
.................................. SUBTOTAL APPLIED RESEARCH......... 2,130,395 2,540,395
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
26 0603000D8Z JOINT MUNITIONS ADVANCED 23,213 23,213
TECHNOLOGY.
27 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,665 4,665
28 0603122D8Z COMBATING TERRORISM TECHNOLOGY 69,376 69,376
SUPPORT.
29 0603133D8Z FOREIGN COMPARATIVE TESTING....... 25,432 45,432
.................................. Domestic comparative testing [20,000]
program.
31 0603160BR COUNTER WEAPONS OF MASS 399,362 399,362
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
32 0603176C ADVANCED CONCEPTS AND PERFORMANCE 15,800 21,000
ASSESSMENT.
.................................. MDA UFR--Cybersecurity [5,200]
improvements.
33 0603180C ADVANCED RESEARCH................. 21,466 26,466
.................................. High speed flight experiment [5,000]
testing.
34 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 51,340 51,340
DEVELOPMENT &TRANSITION.
35 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 19,063 19,063
DEVELOPMENT.
36 0603286E ADVANCED AEROSPACE SYSTEMS........ 174,043 174,043
37 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 101,524 101,524
38 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,012 24,012
39 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 51,513 51,513
CONCEPTS.
42 0603338D8Z DEFENSE MODERNIZATION AND 115,443 190,443
PROTOTYPING.
.................................. Rapid Innovation Program.......... [75,000]
43 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 31,873 31,873
44 0603375D8Z TECHNOLOGY INNOVATION............. 54,433 54,433
45 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 197,824 197,824
PROGRAM--ADVANCED DEVELOPMENT.
46 0603527D8Z RETRACT LARCH..................... 99,175 99,175
47 0603618D8Z JOINT ELECTRONIC ADVANCED 18,221 18,221
TECHNOLOGY.
48 0603648D8Z JOINT CAPABILITY TECHNOLOGY 102,669 102,669
DEMONSTRATIONS.
49 0603662D8Z NETWORKED COMMUNICATIONS 2,984 2,984
CAPABILITIES.
50 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 134,022 145,522
AND TECHNOLOGY PROGRAM.
.................................. Certification-based workforce [3,000]
training programs for
manufacturing.
.................................. Cybersecurity for industrial [3,000]
control systems.
.................................. Data analytics and visual system.. [3,000]
.................................. Integrated silicon-based lasers... [2,500]
51 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 37,543 46,543
.................................. HPC-enabled large-scale advanced [4,000]
manufacturing.
.................................. Steel Performance Initiative...... [5,000]
53 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 12,418 12,418
DEMONSTRATIONS.
54 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 51,863 51,863
PROGRAM.
55 0603720S MICROELECTRONICS TECHNOLOGY 160,821 160,821
DEVELOPMENT AND SUPPORT.
56 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,169 2,169
57 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 116,716 131,716
.................................. Program increase.................. [15,000]
58 0603760E COMMAND, CONTROL AND 251,794 266,794
COMMUNICATIONS SYSTEMS.
.................................. Program increase.................. [15,000]
59 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 584,771 689,771
.................................. Artificial intelligence research [100,000]
activities.
.................................. Deep water active technologies.... [5,000]
60 0603767E SENSOR TECHNOLOGY................. 294,792 259,792
.................................. Program reduction................. [-35,000]
61 0603769D8Z DISTRIBUTED LEARNING ADVANCED 6,398 6,398
TECHNOLOGY DEVELOPMENT.
62 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 14,677 14,677
[[Page S8680]]
65 0603924D8Z HIGH ENERGY LASER ADVANCED 107,397 107,397
TECHNOLOGY PROGRAM.
66 0603941D8Z TEST & EVALUATION SCIENCE & 267,161 267,161
TECHNOLOGY.
67 0603950D8Z NATIONAL SECURITY INNOVATION 21,270 21,270
NETWORK.
68 0604055D8Z OPERATIONAL ENERGY CAPABILITY 74,300 74,300
IMPROVEMENT.
74 1160402BB SOF ADVANCED TECHNOLOGY 93,415 93,415
DEVELOPMENT.
75 1206310SDA SPACE SCIENCE AND TECHNOLOGY 172,638 172,638
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 4,007,596 4,233,296
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
76 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 28,687 28,687
SECURITY EQUIPMENT RDT&E ADC&P.
77 0603600D8Z WALKOFF........................... 108,652 108,652
79 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 71,429 71,429
CERTIFICATION PROGRAM.
80 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 277,949 279,949
DEFENSE SEGMENT.
.................................. Survivability planning and [2,000]
intercept evaluation tool.
81 0603882C BALLISTIC MISSILE DEFENSE 745,144 745,144
MIDCOURSE DEFENSE SEGMENT.
82 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 129,445 129,445
PROGRAM--DEM/VAL.
83 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 224,750 227,762
.................................. MDA UFR--Cybersecurity [3,012]
improvements.
84 0603890C BMD ENABLING PROGRAMS............. 595,301 714,497
.................................. MDA UFR--Cybersecurity [44,830]
improvements.
.................................. MDA UFR--System survivability in [20,166]
radiation environments.
.................................. MDA UFR--Tower-based fire control [27,000]
sensor for cruise missile defense.
.................................. NORTHCOM UFR--NCR elevated radar.. [27,200]
85 0603891C SPECIAL PROGRAMS--MDA............. 413,374 413,374
86 0603892C AEGIS BMD......................... 732,512 780,912
.................................. MDA UFR--Radar upgrades........... [48,400]
87 0603896C BALLISTIC MISSILE DEFENSE COMMAND 603,448 609,924
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. MDA UFR--Cybersecurity [2,000]
improvements.
.................................. MDA UFR--JADC2 integration........ [4,476]
88 0603898C BALLISTIC MISSILE DEFENSE JOINT 50,594 50,594
WARFIGHTER SUPPORT.
89 0603904C MISSILE DEFENSE INTEGRATION & 52,403 52,403
OPERATIONS CENTER (MDIOC).
90 0603906C REGARDING TRENCH.................. 11,952 11,952
91 0603907C SEA BASED X-BAND RADAR (SBX)...... 147,241 147,241
92 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
93 0603914C BALLISTIC MISSILE DEFENSE TEST.... 362,906 362,906
94 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 553,334 553,334
96 0603923D8Z COALITION WARFARE................. 5,103 5,103
97 0604011D8Z NEXT GENERATION INFORMATION 374,665 474,665
COMMUNICATIONS TECHNOLOGY (5G).
.................................. 5G acceleration activities........ [100,000]
98 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,259 3,259
PROGRAM.
99 0604102C GUAM DEFENSE DEVELOPMENT.......... 78,300 232,750
.................................. INDOPACOM UFR--Guam Defense System [154,450]
103 0604181C HYPERSONIC DEFENSE................ 247,931 309,796
.................................. MDA UFR--Accelerate hypersonic [61,865]
defensive systems.
104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 716,456 681,456
.................................. Program increase--Project B....... [60,000]
.................................. Program reduction--Project A...... [-10,000]
.................................. Program reduction--strategic [-100,000]
capabilities research and
prototyping.
.................................. Thermionic energy generation...... [15,000]
105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 509,195 509,195
106 0604331D8Z RAPID PROTOTYPING PROGRAM......... 103,575 53,575
.................................. Program reduction--joint [-50,000]
affordable kill chain.
107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 11,213 11,213
PROTOTYPING.
108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,778 2,778
UNMANNED SYSTEM COMMON
DEVELOPMENT.
109 0604551BR CATAPULT.......................... 7,166 7,166
110 0604555D8Z OPERATIONAL ENERGY CAPABILITY 23,200 23,200
IMPROVEMENT--NON S&T.
111 0604672C HOMELAND DEFENSE RADAR--HAWAII 0 76,000
(HDR-H).
.................................. INDOPACOM UFR--Restoration of HDR- [76,000]
H.
113 0604682D8Z WARGAMING AND SUPPORT FOR 3,519 3,519
STRATEGIC ANALYSIS (SSA).
114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 17,439 42,439
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
.................................. Joint All-Domain Command and [25,000]
Control experimentation.
115 0604873C LONG RANGE DISCRIMINATION RADAR 133,335 133,335
(LRDR).
116 0604874C IMPROVED HOMELAND DEFENSE 926,125 926,125
INTERCEPTORS.
117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 32,697 32,697
DEFENSE SEGMENT TEST.
118 0604878C AEGIS BMD TEST.................... 117,055 117,055
119 0604879C BALLISTIC MISSILE DEFENSE SENSOR 77,428 77,428
TEST.
120 0604880C LAND-BASED SM-3 (LBSM3)........... 43,158 43,158
121 0604887C BALLISTIC MISSILE DEFENSE 61,424 61,424
MIDCOURSE SEGMENT TEST.
122 0202057C SAFETY PROGRAM MANAGEMENT......... 2,323 2,323
123 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,568 2,568
SYSTEMS.
125 0305103C CYBER SECURITY INITIATIVE......... 1,142 1,142
126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 636,179 649,179
PROTOTYPING.
.................................. Laser communication ground [5,000]
terminals.
.................................. Space laser communications........ [8,000]
127 1206893C SPACE TRACKING & SURVEILLANCE 15,176 15,176
SYSTEM.
128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 292,811 292,811
SPACE PROGRAMS.
.................................. SUBTOTAL ADVANCED COMPONENT 9,854,341 10,378,740
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 5,682 5,682
SECURITY EQUIPMENT RDT&E SDD.
[[Page S8681]]
131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 299,848 299,848
PROGRAM--EMD.
132 0604771D8Z JOINT TACTICAL INFORMATION 9,345 9,345
DISTRIBUTION SYSTEM (JTIDS).
133 0605000BR COUNTER WEAPONS OF MASS 14,063 14,063
DESTRUCTION SYSTEMS DEVELOPMENT.
134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265
135 0605021SE HOMELAND PERSONNEL SECURITY 7,205 7,205
INITIATIVE.
136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 5,447 5,447
137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 16,892 16,892
138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 679 679
AND DEMONSTRATION.
140 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 32,254 32,254
FINANCIAL SYSTEM.
142 0605141BR MISSION ASSURANCE RISK MANAGEMENT 5,500 5,500
SYSTEM (MARMS).
143 0605210D8Z DEFENSE-WIDE ELECTRONIC 7,148 7,148
PROCUREMENT CAPABILITIES.
144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 113,895 113,895
146 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,991 3,991
COMMUNICATIONS.
149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 2,227 2,227
MANAGEMENT (EEIM).
150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 20,246 20,246
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 548,687 548,687
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
151 0603829J JOINT CAPABILITY EXPERIMENTATION.. 8,444 8,444
152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 7,508 7,508
(DRRS).
153 0604875D8Z JOINT SYSTEMS ARCHITECTURE 7,859 7,859
DEVELOPMENT.
154 0604940D8Z CENTRAL TEST AND EVALUATION 550,140 554,140
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Wave glider development........... [4,000]
155 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 17,980 17,980
156 0605001E MISSION SUPPORT................... 73,145 73,145
157 0605100D8Z JOINT MISSION ENVIRONMENT TEST 71,410 71,410
CAPABILITY (JMETC).
159 0605126J JOINT INTEGRATED AIR AND MISSILE 52,671 52,671
DEFENSE ORGANIZATION (JIAMDO).
161 0605142D8Z SYSTEMS ENGINEERING............... 40,030 25,030
.................................. Program reduction................. [-15,000]
162 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,612 9,612
.................................. Acquisition Innovation Research [5,000]
Center.
163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 14,429 14,429
164 0605170D8Z SUPPORT TO NETWORKS AND 4,759 4,759
INFORMATION INTEGRATION.
165 0605200D8Z GENERAL SUPPORT TO USD 1,952 1,952
(INTELLIGENCE).
166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,503 110,503
PROGRAM.
172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,639 3,639
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 25,889 25,889
174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 39,774 39,774
175 0605801KA DEFENSE TECHNICAL INFORMATION 61,453 11,453
CENTER (DTIC).
.................................. Program reduction................. [-50,000]
176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 18,762 18,762
TESTING AND EVALUATION.
177 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 27,366 27,366
178 0605898E MANAGEMENT HQ--R&D................ 12,740 12,740
179 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,549 3,549
INFORMATION CENTER (DTIC).
180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 15,438 15,438
181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 2,897 2,897
ANALYSIS.
182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 918 918
DEVELOPMENT SUPPORT.
183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 31,638 31,638
POLICY.
184 0203345D8Z DEFENSE OPERATIONS SECURITY 2,925 2,925
INITIATIVE (DOSI).
185 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 977 977
186 0208045K C4I INTEROPERABILITY.............. 55,361 55,361
189 0303140SE INFORMATION SYSTEMS SECURITY 853 853
PROGRAM.
191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 969 969
OFFICE (DMDPO).
192 0305172K COMBINED ADVANCED APPLICATIONS.... 15,696 15,696
194 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,073 3,073
SYSTEMS.
197 0804768J COCOM EXERCISE ENGAGEMENT AND 29,530 29,530
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
198 0808709SE DEFENSE EQUAL OPPORTUNITY 689 689
MANAGEMENT INSTITUTE (DEOMI).
199 0901598C MANAGEMENT HQ--MDA................ 24,102 24,102
200 0903235K JOINT SERVICE PROVIDER (JSP)...... 2,645 2,645
999 9999999999 CLASSIFIED PROGRAMS............... 37,520 37,520
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,383,845 1,327,845
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
202 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 5,355 5,355
203 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 10,033 10,033
206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 58,189 97,439
SUSTAINMENT SUPPORT.
.................................. Defense industrial skills and [4,000]
technology training systems.
.................................. Demonstration program on domestic [3,000]
production of rare earth elements
from coal byproducts.
.................................. Digital manufacturing............. [1,500]
.................................. Industrial skills training........ [2,500]
.................................. Rare earth element separation [7,500]
technologies.
.................................. Submarine construction workforce [20,750]
training pipeline.
207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 18,721 18,721
DEVELOPMENT.
208 0607327T GLOBAL THEATER SECURITY 7,398 7,398
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 58,261 58,261
(OPERATIONAL SYSTEMS DEVELOPMENT).
215 0302019K DEFENSE INFO INFRASTRUCTURE 16,233 16,233
ENGINEERING AND INTEGRATION.
216 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 10,275 10,275
217 0303131K MINIMUM ESSENTIAL EMERGENCY 4,892 4,892
COMMUNICATIONS NETWORK (MEECN).
218 0303136G KEY MANAGEMENT INFRASTRUCTURE 83,751 83,751
(KMI).
[[Page S8682]]
219 0303140D8Z INFORMATION SYSTEMS SECURITY 49,191 69,191
PROGRAM.
.................................. Workforce transformation cyber [20,000]
initiative pilot program.
220 0303140G INFORMATION SYSTEMS SECURITY 423,745 463,745
PROGRAM.
.................................. Additional cybersecurity support [25,000]
for the defense industrial base.
.................................. Pilot program on public-private [25,000]
partnership with internet
ecosystem companies.
.................................. Program reduction................. [-10,000]
221 0303140K INFORMATION SYSTEMS SECURITY 5,707 5,707
PROGRAM.
222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 4,150 4,150
223 0303153K DEFENSE SPECTRUM ORGANIZATION..... 19,302 19,302
224 0303228K JOINT REGIONAL SECURITY STACKS 9,342 9,342
(JRSS).
226 0303430V FEDERAL INVESTIGATIVE SERVICES 15,326 15,326
INFORMATION TECHNOLOGY.
232 0305128V SECURITY AND INVESTIGATIVE 8,800 8,800
ACTIVITIES.
235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 3,820 3,820
ACTIVITIES.
237 0305186D8Z POLICY R&D PROGRAMS............... 4,843 4,843
238 0305199D8Z NET CENTRICITY.................... 13,471 13,471
240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 5,994 5,994
SYSTEMS.
247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,273 1,273
TRANSFER PROGRAM.
255 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,690 1,690
256 0708012S PACIFIC DISASTER CENTERS.......... 1,799 1,799
257 0708047S DEFENSE PROPERTY ACCOUNTABILITY 6,390 6,390
SYSTEM.
259 1105219BB MQ-9 UAV.......................... 19,065 19,065
261 1160403BB AVIATION SYSTEMS.................. 173,537 173,537
262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 32,766 32,766
263 1160408BB OPERATIONAL ENHANCEMENTS.......... 145,830 145,830
264 1160431BB WARRIOR SYSTEMS................... 78,592 82,803
.................................. SOCOM UFR--Maritime scalable [4,211]
effects acceleration.
265 1160432BB SPECIAL PROGRAMS.................. 6,486 6,486
266 1160434BB UNMANNED ISR...................... 18,006 18,006
267 1160480BB SOF TACTICAL VEHICLES............. 7,703 7,703
268 1160483BB MARITIME SYSTEMS.................. 58,430 58,430
270 1160490BB OPERATIONAL ENHANCEMENTS 10,990 10,990
INTELLIGENCE.
999 9999999999 CLASSIFIED PROGRAMS............... 5,208,029 5,198,029
.................................. Project A......................... [-10,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 6,607,385 6,700,846
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
272 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 186,639 186,639
273 0608197V NATIONAL BACKGROUND INVESTIGATION 123,570 123,570
SERVICES--SOFTWARE PILOT PROGRAM.
274 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 18,307 18,307
PILOT PROGRAM.
275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 32,774 32,774
276 0308588D8Z ALGORITHMIC WARFARE CROSS 247,452 247,452
FUNCTIONAL TEAMS--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 608,742 608,742
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 25,857,875 27,109,435
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
1 0605118OTE OPERATIONAL TEST AND EVALUATION... 105,394 105,394
2 0605131OTE LIVE FIRE TEST AND EVALUATION..... 68,549 68,549
3 0605814OTE OPERATIONAL TEST ACTIVITIES AND 42,648 62,648
ANALYSES.
.................................. Joint Test and Evaluation [20,000]
restoration.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 216,591 236,591
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 216,591 236,591
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 111,964,188 116,106,252
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Senate
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION &
MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS....... 3,563,856 3,563,856
020 MODULAR SUPPORT 142,082 142,082
BRIGADES.
030 ECHELONS ABOVE 758,174 758,174
BRIGADE.
040 THEATER LEVEL ASSETS. 2,753,783 2,867,212
Army UFR--PM WIN-T [1,654]
SNAP & GRRIP for OIR.
Army UFR--PM WIN-T [5,775]
SNAP & GRRIP for OSS.
CENTCOM UFR--PATRIOT [106,000]
support.
050 LAND FORCES 1,110,156 1,110,156
OPERATIONS SUPPORT.
060 AVIATION ASSETS...... 1,795,522 1,795,522
070 FORCE READINESS 7,442,976 7,982,801
OPERATIONS SUPPORT.
Army UFR--Arctic cold [13,867]
weather gloves.
Army UFR--Arctic OCIE [65,050]
[[Page S8683]]
Army UFR--ECWCS [8,999]
procurement.
Army UFR--Female/ [81,750]
small stature body
armor.
Army UFR--Garrison [13,071]
Installation
Facilities-Related
Control Systems
(FRCS).
Army UFR--Heavylift [33,854]
transportation for
OIR.
Army UFR--Industrial [14,824]
base special
installation control
systems.
Army UFR--Medical [16,400]
sustainment level
maintenance.
Army UFR--Mission [6,300]
Partner Environment.
Army UFR--Support to [228,410]
Homeland Contingency
Operatons.
Army UFR--TADSS [17,000]
maintenance.
CENTCOM UFR-- [40,300]
Heavylift logistics.
080 LAND FORCES SYSTEMS 580,921 614,921
READINESS.
CENTCOM UFR--COMSAT [34,000]
air time.
090 LAND FORCES DEPOT 1,257,959 1,590,055
MAINTENANCE.
Army UFR--Aerial- [38,900]
Intelligence,
Surveillance,
Reconnaissance (A-
ISR) Sustainment.
Army UFR-- [3,200]
Communications &
Electronics Repair
Cycle Float.
Army UFR--Tactical [89,017]
Combat Vehicle
Repair Cycle Float.
Army UFR--UH-60 L-L [125,565]
Repair Cycle Float.
Army UFR--Weapon [75,414]
system software
readiness.
100 MEDICAL READINESS.... 1,102,964 1,102,964
110 BASE OPERATIONS 8,878,603 8,946,132
SUPPORT.
Army UFR--Accelerate [25,129]
food service
modernization.
Army UFR--Army [1,000]
Climate Assessment
Tool (ACAT).
Army UFR--Electrical [20,000]
grid improvements
for electric vehicle
charging stations.
Army UFR--GSA leased [14,700]
vehicles.
Army UFR--Monitoring [1,200]
and predicting
desertification.
Army UFR--Multi- [1,500]
Domain Operations-
Live.
Army UFR--Natural [4,000]
infrastructure and
range lands, climate
resilence at Ft.
Huachuca.
120 FACILITIES 4,051,869 4,891,954
SUSTAINMENT,
RESTORATION &
MODERNIZATION.
Army UFR--Critical [7,400]
organic industrial
base production
capacity.
Army UFR--Fort [1,380]
Belvoir CDC
Restoration and
Modernization.
Army UFR--Fort Polk [2,305]
CDC Restoration and
Modernization.
Program increase FSRM [829,000]
to 100%.
130 MANAGEMENT AND 289,891 289,891
OPERATIONAL
HEADQUARTERS.
140 ADDITIONAL ACTIVITIES 526,517 578,517
Army UFR--EDI ADOS... [52,000]
160 RESET................ 397,196 397,196
170 US AFRICA COMMAND.... 384,791 518,337
AFRICOM UFR-- [16,500]
Commercial SATCOM.
AFRICOM UFR--ISR [67,000]
improvements.
Army UFR--MQ-9 COCO [50,046]
Support to AFRICOM.
180 US EUROPEAN COMMAND.. 293,932 335,910
EUCOM UFR-- [26,765]
Information
Operations.
EUCOM UFR--Mission [15,213]
Partner Environment.
190 US SOUTHERN COMMAND.. 196,726 196,726
200 US FORCES KOREA...... 67,052 67,052
210 CYBERSPACE 621,836 685,898
ACTIVITIES--CYBERSPA
CE OPERATIONS.
Army UFR--Autonomic [1,150]
Security Operations
Center.
Army UFR--Critical [13,630]
infrastructure risk
management cyber
resiliency
mitigations.
Army UFR--MRCT / [4,655]
Cyber I&W / Ops Cell.
Army UFR--Security [44,627]
Operations Center as
a Service (SOCaaS).
220 CYBERSPACE 629,437 726,176
ACTIVITIES--CYBERSEC
URITY.
Army UFR--C-SCRM [1,200]
supplier vetting and
equipment inspection.
Army UFR-- [89,889]
Cybersecurity
control systems
assessments.
Army UFR--Cyber- [2,750]
Supply Chain Risk
Mgmt (C-SCRM)
program.
Army UFR--Defensive [2,900]
cyber sensors.
SUBTOTAL OPERATING 36,846,243 39,161,532
FORCES.
MOBILIZATION
230 STRATEGIC MOBILITY... 353,967 485,063
Army UFR--APS-3 [114,495]
Afloat ship use rate
cost increases.
Army UFR--Medical [16,601]
CBRN equipment.
240 ARMY PREPOSITIONED 381,192 701,139
STOCKS.
Army UFR--APS-1 CONUS [10,271]
Operational Project
Care of Supplies in
Storage.
Army UFR--APS-2 [193,746]
Europe Care of
Supplies In Storage.
Army UFR--APS-4 South [31,487]
Humanitarian
Assistance Disaster
Relief Site.
Army UFR--Medical [84,443]
equipment.
250 INDUSTRIAL 3,810 3,810
PREPAREDNESS.
SUBTOTAL MOBILIZATION 738,969 1,190,012
TRAINING AND
RECRUITING
260 OFFICER ACQUISITION.. 163,568 163,568
270 RECRUIT TRAINING..... 75,140 75,140
280 ONE STATION UNIT 81,274 81,274
TRAINING.
290 SENIOR RESERVE 520,973 520,973
OFFICERS TRAINING
CORPS.
300 SPECIALIZED SKILL 998,869 998,869
TRAINING.
310 FLIGHT TRAINING...... 1,309,556 1,309,556
320 PROFESSIONAL 218,651 218,651
DEVELOPMENT
EDUCATION.
330 TRAINING SUPPORT..... 616,380 634,480
Army UFR--ATRRS [18,100]
Modernization.
340 RECRUITING AND 683,569 684,963
ADVERTISING.
Army UFR--Enterprise [1,394]
Technology
Integration,
Governance, and
Engineering
Requirements
(ETIGER).
350 EXAMINING............ 169,442 169,442
[[Page S8684]]
360 OFF-DUTY AND 214,923 231,078
VOLUNTARY EDUCATION.
Army UFR--Tuition [16,155]
assistance.
370 CIVILIAN EDUCATION 220,589 220,589
AND TRAINING.
380 JUNIOR RESERVE 187,569 187,569
OFFICER TRAINING
CORPS.
SUBTOTAL TRAINING AND 5,460,503 5,496,152
RECRUITING.
ADMIN & SRVWIDE
ACTIVITIES
400 SERVICEWIDE 684,562 776,778
TRANSPORTATION.
Army UFR--Second [70,716]
destination
transportation.
Army UFR-- [21,500]
Transportation
management system.
410 CENTRAL SUPPLY 808,895 898,795
ACTIVITIES.
Army UFR--Advanced [89,900]
additive
manufacturing.
420 LOGISTIC SUPPORT 767,053 873,517
ACTIVITIES.
Army UFR--AMC LITeS.. [29,104]
Army UFR--Deployments [77,360]
and mobilizations
for Operation
Spartan Shield (OSS).
430 AMMUNITION MANAGEMENT 469,038 469,038
440 ADMINISTRATION....... 488,535 492,535
Joint Counter-UAS [4,000]
Office training
support.
450 SERVICEWIDE 1,952,742 2,018,125
COMMUNICATIONS.
Army UFR--CHRA IT [5,300]
Cloud.
Army UFR--ERP [49,420]
convergence/
modernization.
Army UFR--Harden CSS [10,663]
VSAT network.
460 MANPOWER MANAGEMENT.. 323,273 323,273
470 OTHER PERSONNEL 663,602 730,041
SUPPORT.
Army UFR--Enterprise [1,393]
Technology
Integration,
Governance, and
Engineering
Requirements
(ETIGER).
Army UFR--HR cloud [29,675]
and IT modernization.
Army UFR--integrated [5,371]
Personnel Electronic
Records Management
System (iPERMS).
Army UFR--Personnel [30,000]
security
investigations.
480 OTHER SERVICE SUPPORT 2,004,981 2,071,057
Army UFR--DFAS cost [49,983]
estimation.
Army UFR-- [16,093]
Presidential and DOD
support.
490 ARMY CLAIMS 180,178 180,178
ACTIVITIES.
500 REAL ESTATE 269,009 274,009
MANAGEMENT.
Army real estate [5,000]
inventory system.
510 FINANCIAL MANAGEMENT 437,940 437,940
AND AUDIT READINESS.
520 INTERNATIONAL 482,571 482,571
MILITARY
HEADQUARTERS.
530 MISC. SUPPORT OF 29,670 29,670
OTHER NATIONS.
9999 CLASSIFIED PROGRAMS.. 2,008,633 2,063,571
Army UFR--Helios [14,710]
Dagger.
SOUTHCOM UFR-- [22,228]
Additional non-
traditional ISR
operations.
SOUTHCOM UFR-- [18,000]
Additional
traditional ISR
operations.
SUBTOTAL ADMIN & 11,570,682 12,121,098
SRVWIDE ACTIVITIES.
UNDISTRIBUTED
998 UNDISTRIBUTED........ 0 -826,660
Bulk fuel adjustment. [-25,560]
Foreign currency [-81,000]
fluctuations.
Printing costs [-5,100]
reduction.
Unobligated balances. [-715,000]
SUBTOTAL 0 -826,660
UNDISTRIBUTED.
TOTAL OPERATION & 54,616,397 57,142,134
MAINTENANCE, ARMY.
OPERATION &
MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT 10,465 10,465
BRIGADES.
020 ECHELONS ABOVE 554,992 554,992
BRIGADE.
030 THEATER LEVEL ASSETS. 120,892 120,892
040 LAND FORCES 597,718 597,718
OPERATIONS SUPPORT.
050 AVIATION ASSETS...... 111,095 111,095
060 FORCE READINESS 385,506 385,506
OPERATIONS SUPPORT.
070 LAND FORCES SYSTEMS 98,021 98,021
READINESS.
080 LAND FORCES DEPOT 34,368 34,368
MAINTENANCE.
090 BASE OPERATIONS 584,513 620,513
SUPPORT.
Army UFR--Repair [18,000]
Transient Training
Officer Barracks
Bldg 5406, ASA Dix.
Army UFR--Repair [18,000]
Transient Training
Officer Barracks
Bldg 5502, ASA Dix.
100 FACILITIES 342,433 342,433
SUSTAINMENT,
RESTORATION &
MODERNIZATION.
110 MANAGEMENT AND 22,472 22,472
OPERATIONAL
HEADQUARTERS.
120 CYBERSPACE 2,764 2,764
ACTIVITIES--CYBERSPA
CE OPERATIONS.
130 CYBERSPACE 7,476 7,476
ACTIVITIES--CYBERSEC
URITY.
SUBTOTAL OPERATING 2,872,715 2,908,715
FORCES.
ADMIN & SRVWD
ACTIVITIES
140 SERVICEWIDE 15,400 15,400
TRANSPORTATION.
150 ADMINISTRATION....... 19,611 19,611
160 SERVICEWIDE 37,458 37,458
COMMUNICATIONS.
170 MANPOWER MANAGEMENT.. 7,162 7,162
180 RECRUITING AND 48,289 48,289
ADVERTISING.
SUBTOTAL ADMIN & 127,920 127,920
SRVWD ACTIVITIES.
UNDISTRIBUTED
998 UNDISTRIBUTED........ 0 -42,995
[[Page S8685]]
Bulk fuel adjustment. [-3,195]
Unobligated balances. [-39,800]
SUBTOTAL 0 -42,995
UNDISTRIBUTED.
TOTAL OPERATION & 3,000,635 2,993,640
MAINTENANCE, ARMY
RES.
OPERATION &
MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS....... 799,854 799,854
020 MODULAR SUPPORT 211,561 211,561
BRIGADES.
030 ECHELONS ABOVE 835,709 835,709
BRIGADE.
040 THEATER LEVEL ASSETS. 101,179 101,179
050 LAND FORCES 34,436 34,436
OPERATIONS SUPPORT.
060 AVIATION ASSETS...... 1,110,416 1,110,416
070 FORCE READINESS 704,827 709,827
OPERATIONS SUPPORT.
CNGB UFR--Weapons of [5,000]
Mass Destruction
Civil Support Teams
Equipment
Sustainment.
080 LAND FORCES SYSTEMS 47,886 47,886
READINESS.
090 LAND FORCES DEPOT 244,439 244,439
MAINTENANCE.
100 BASE OPERATIONS 1,097,960 1,097,960
SUPPORT.
110 FACILITIES 956,988 1,007,813
SUSTAINMENT,
RESTORATION &
MODERNIZATION.
Army UFR--Force [2,520]
Projection Outload
Facility.
Army UFR--Operational [48,305]
Readiness Training
Complex.
120 MANAGEMENT AND 1,047,870 1,047,870
OPERATIONAL
HEADQUARTERS.
130 CYBERSPACE 8,071 8,071
ACTIVITIES--CYBERSPA
CE OPERATIONS.
140 CYBERSPACE 7,828 7,828
ACTIVITIES--CYBERSEC
URITY.
SUBTOTAL OPERATING 7,209,024 7,264,849
FORCES.
ADMIN & SRVWD
ACTIVITIES
150 SERVICEWIDE 8,017 8,017
TRANSPORTATION.
160 ADMINISTRATION....... 76,993 106,987
CNGB UFR--Joint [6,300]
information exchange
environment.
State Partnership [23,694]
Program--restore to
FY21 levels.
170 SERVICEWIDE 101,113 101,113
COMMUNICATIONS.
180 MANPOWER MANAGEMENT.. 8,920 8,920
190 OTHER PERSONNEL 240,292 240,292
SUPPORT.
200 REAL ESTATE 2,850 2,850
MANAGEMENT.
SUBTOTAL ADMIN & 438,185 468,179
SRVWD ACTIVITIES.
UNDISTRIBUTED
998 UNDISTRIBUTED........ 0 -113,795
Bulk fuel adjustment. [-3,195]
Unobligated balances. [-110,600]
SUBTOTAL 0 -113,795
UNDISTRIBUTED.
TOTAL OPERATION & 7,647,209 7,619,233
MAINTENANCE, ARNG.
AFGHANISTAN SECURITY
FORCES FUND
AFGHAN NATIONAL ARMY
010 SUSTAINMENT.......... 1,053,668 1,053,668
020 INFRASTRUCTURE....... 1,818 1,818
030 EQUIPMENT AND 22,911 22,911
TRANSPORTATION.
040 TRAINING AND 31,837 31,837
OPERATIONS.
SUBTOTAL AFGHAN 1,110,234 1,110,234
NATIONAL ARMY.
AFGHAN NATIONAL
POLICE
050 SUSTAINMENT.......... 440,628 440,628
070 EQUIPMENT AND 38,551 38,551
TRANSPORTATION.
080 TRAINING AND 38,152 38,152
OPERATIONS.
SUBTOTAL AFGHAN 517,331 517,331
NATIONAL POLICE.
AFGHAN AIR FORCE
090 SUSTAINMENT.......... 562,056 562,056
110 EQUIPMENT AND 26,600 26,600
TRANSPORTATION.
120 TRAINING AND 169,684 169,684
OPERATIONS.
SUBTOTAL AFGHAN AIR 758,340 758,340
FORCE.
AFGHAN SPECIAL
SECURITY FORCES
130 SUSTAINMENT.......... 685,176 685,176
150 EQUIPMENT AND 78,962 78,962
TRANSPORTATION.
160 TRAINING AND 177,767 177,767
OPERATIONS.
SUBTOTAL AFGHAN 941,905 941,905
SPECIAL SECURITY
FORCES.
TOTAL AFGHANISTAN 3,327,810 3,327,810
SECURITY FORCES FUND.
COUNTER ISIS TRAIN
AND EQUIP FUND
(CTEF)
COUNTER ISIS TRAIN
AND EQUIP FUND
(CTEF)
010 IRAQ................. 345,000 345,000
020 SYRIA................ 177,000 177,000
SUBTOTAL COUNTER ISIS 522,000 522,000
TRAIN AND EQUIP FUND
(CTEF).
TOTAL COUNTER ISIS 522,000 522,000
TRAIN AND EQUIP FUND
(CTEF).
[[Page S8686]]
OPERATION &
MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER 6,264,654 6,545,054
FLIGHT OPERATIONS.
Navy UFR--Flying hour [280,400]
program - fleet
operations.
020 FLEET AIR TRAINING... 2,465,007 2,621,907
Navy UFR--Flying hour [156,900]
program - fleet
replacement squadron.
030 AVIATION TECHNICAL 55,140 55,140
DATA & ENGINEERING
SERVICES.
040 AIR OPERATIONS AND 197,904 197,904
SAFETY SUPPORT.
050 AIR SYSTEMS SUPPORT.. 1,005,932 1,005,932
060 AIRCRAFT DEPOT 1,675,356 1,897,556
MAINTENANCE.
Navy UFR--Additional [222,200]
aircraft depot
maintenance events.
070 AIRCRAFT DEPOT 65,518 65,518
OPERATIONS SUPPORT.
080 AVIATION LOGISTICS... 1,460,546 1,460,546
090 MISSION AND OTHER 5,858,028 5,934,028
SHIP OPERATIONS.
Navy UFR--Resilient [34,000]
Communications and
PNT for Combat
Logistics Fleet
(CLF).
Navy UFR--Submarine [42,000]
Tender Overhaul.
100 SHIP OPERATIONS 1,154,696 1,168,196
SUPPORT & TRAINING.
Navy UFR--Accelerate [200]
Naval Tactical Grid
Development for
Joint All-Domain
Command and Control
(JADC2).
Navy UFR--Naval [13,300]
Operational Business
Logistics Enterprise
(NOBLE).
110 SHIP DEPOT 10,300,078 10,339,878
MAINTENANCE.
Navy UFR--A-120 [39,800]
availability.
120 SHIP DEPOT OPERATIONS 2,188,454 2,224,454
SUPPORT.
Navy UFR--CG [36,000]
Modernization
Pricing.
130 COMBAT COMMUNICATIONS 1,551,846 1,551,846
AND ELECTRONIC
WARFARE.
140 SPACE SYSTEMS AND 327,251 339,251
SURVEILLANCE.
Navy UFR--T-AGOS [12,000]
maintenance and
repair.
150 WARFARE TACTICS...... 798,082 798,082
160 OPERATIONAL 447,486 447,486
METEOROLOGY AND
OCEANOGRAPHY.
170 COMBAT SUPPORT FORCES 2,250,756 2,297,856
CENTCOM UFR--Naval [47,100]
patrol craft support.
180 EQUIPMENT MAINTENANCE 192,968 192,968
AND DEPOT OPERATIONS
SUPPORT.
190 COMBATANT COMMANDERS 61,614 61,614
CORE OPERATIONS.
200 COMBATANT COMMANDERS 198,596 449,436
DIRECT MISSION
SUPPORT.
INDOPACOM UFR-- [4,620]
Critical HQ manpower
positions.
INDOPACOM UFR--Future [3,300]
fusion centers.
INDOPACOM UFR--ISR [41,000]
augmentation.
INDOPACOM UFR-- [54,010]
Mission Partner
Environment.
INDOPACOM UFR--Multi- [59,410]
Domain Training and
Experimentation
Capability.
INDOPACOM UFR-- [500]
Pacific Movement
Coordination Center.
INDOPACOM UFR-- [88,000]
Wargaming analytical
tools.
210 MILITARY INFORMATION 8,984 36,984
SUPPORT OPERATIONS.
INDOPACOM UFR-- [28,000]
Military Information
Support Ops.
220 CYBERSPACE ACTIVITIES 565,926 560,926
Identity, [-5,000]
credentialing, and
access management
reduction.
230 FLEET BALLISTIC 1,476,247 1,476,247
MISSILE.
240 WEAPONS MAINTENANCE.. 1,538,743 1,538,743
250 OTHER WEAPON SYSTEMS 592,357 592,357
SUPPORT.
260 ENTERPRISE 734,970 734,970
INFORMATION.
270 SUSTAINMENT, 2,961,937 3,536,937
RESTORATION AND
MODERNIZATION.
Program increase FSRM [575,000]
to 100%.
280 BASE OPERATING 4,826,314 4,826,314
SUPPORT.
SUBTOTAL OPERATING 51,225,390 52,958,130
FORCES.
MOBILIZATION
290 SHIP PREPOSITIONING 457,015 506,315
AND SURGE.
Navy UFR--Maritime [49,300]
Prepositioning Force
(MPF) Engine
Overhauls.
300 READY RESERVE FORCE.. 645,522 645,522
310 SHIP ACTIVATIONS/ 353,530 353,530
INACTIVATIONS.
320 EXPEDITIONARY HEALTH 149,384 164,184
SERVICES SYSTEMS.
Navy UFR-- [14,800]
Expeditionary
medical readiness.
330 COAST GUARD SUPPORT.. 20,639 20,639
SUBTOTAL MOBILIZATION 1,626,090 1,690,190
TRAINING AND
RECRUITING
340 OFFICER ACQUISITION.. 172,913 172,913
350 RECRUIT TRAINING..... 13,813 13,813
360 RESERVE OFFICERS 167,152 167,152
TRAINING CORPS.
370 SPECIALIZED SKILL 1,053,104 1,053,104
TRAINING.
380 PROFESSIONAL 311,209 311,209
DEVELOPMENT
EDUCATION.
390 TRAINING SUPPORT..... 306,302 306,302
400 RECRUITING AND 205,219 205,219
ADVERTISING.
410 OFF-DUTY AND 79,053 79,053
VOLUNTARY EDUCATION.
420 CIVILIAN EDUCATION 109,754 109,754
AND TRAINING.
430 JUNIOR ROTC.......... 57,323 57,323
SUBTOTAL TRAINING AND 2,475,842 2,475,842
RECRUITING.
ADMIN & SRVWD
ACTIVITIES
440 ADMINISTRATION....... 1,268,961 1,268,961
450 CIVILIAN MANPOWER AND 212,952 212,952
PERSONNEL MANAGEMENT.
460 MILITARY MANPOWER AND 562,546 562,546
PERSONNEL MANAGEMENT.
470 MEDICAL ACTIVITIES... 285,436 285,436
[[Page S8687]]
480 SERVICEWIDE 217,782 217,782
TRANSPORTATION.
500 PLANNING, 479,480 479,480
ENGINEERING, AND
PROGRAM SUPPORT.
510 ACQUISITION, 741,045 741,045
LOGISTICS, AND
OVERSIGHT.
520 INVESTIGATIVE AND 738,187 738,187
SECURITY SERVICES.
9999 CLASSIFIED PROGRAMS.. 607,517 607,517
SUBTOTAL ADMIN & 5,113,906 5,113,906
SRVWD ACTIVITIES.
UNDISTRIBUTED
998 UNDISTRIBUTED........ 0 -377,115
Bulk fuel adjustment. [-54,315]
Foreign currency [-96,000]
fluctuations.
Printing costs [-5,100]
reduction.
Unobligated balances. [-221,700]
SUBTOTAL 0 -377,115
UNDISTRIBUTED.
TOTAL OPERATION & 60,441,228 61,860,953
MAINTENANCE, NAVY.
OPERATION &
MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES... 1,587,456 1,632,756
Marine Corps UFR-- [45,300]
Plate Carrier Gen
III.
020 FIELD LOGISTICS...... 1,532,630 1,532,630
030 DEPOT MAINTENANCE.... 215,949 215,949
040 MARITIME 107,969 107,969
PREPOSITIONING.
050 CYBERSPACE ACTIVITIES 233,486 233,486
060 SUSTAINMENT, 1,221,117 1,445,117
RESTORATION &
MODERNIZATION.
Program increase FSRM [224,000]
to 100%.
070 BASE OPERATING 2,563,278 2,563,278
SUPPORT.
SUBTOTAL OPERATING 7,461,885 7,731,185
FORCES.
TRAINING AND
RECRUITING
080 RECRUIT TRAINING..... 24,729 24,729
090 OFFICER ACQUISITION.. 1,208 1,208
100 SPECIALIZED SKILL 110,752 110,752
TRAINING.
110 PROFESSIONAL 61,539 61,539
DEVELOPMENT
EDUCATION.
120 TRAINING SUPPORT..... 490,975 490,975
130 RECRUITING AND 223,643 223,643
ADVERTISING.
140 OFF-DUTY AND 49,369 49,369
VOLUNTARY EDUCATION.
150 JUNIOR ROTC.......... 26,065 26,065
SUBTOTAL TRAINING AND 988,280 988,280
RECRUITING.
ADMIN & SRVWD
ACTIVITIES
160 SERVICEWIDE 100,475 100,475
TRANSPORTATION.
170 ADMINISTRATION....... 410,729 410,729
9999 CLASSIFIED PROGRAMS.. 63,422 63,422
SUBTOTAL ADMIN & 574,626 574,626
SRVWD ACTIVITIES.
UNDISTRIBUTED
998 UNDISTRIBUTED........ 0 -108,815
Bulk fuel adjustment. [-54,315]
Foreign currency [-12,000]
fluctuations.
Printing costs [-5,100]
reduction.
Unobligated balances. [-37,400]
SUBTOTAL 0 -108,815
UNDISTRIBUTED.
TOTAL OPERATION & 9,024,791 9,185,276
MAINTENANCE, MARINE
CORPS.
OPERATION &
MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER 628,522 628,522
FLIGHT OPERATIONS.
020 INTERMEDIATE 9,593 9,593
MAINTENANCE.
030 AIRCRAFT DEPOT 135,280 135,280
MAINTENANCE.
040 AIRCRAFT DEPOT 497 497
OPERATIONS SUPPORT.
050 AVIATION LOGISTICS... 29,435 29,435
070 COMBAT COMMUNICATIONS 18,469 18,469
080 COMBAT SUPPORT FORCES 136,710 136,710
090 CYBERSPACE ACTIVITIES 440 440
100 ENTERPRISE 26,628 26,628
INFORMATION.
110 SUSTAINMENT, 42,311 42,311
RESTORATION AND
MODERNIZATION.
120 BASE OPERATING 103,606 103,606
SUPPORT.
SUBTOTAL OPERATING 1,131,491 1,131,491
FORCES.
ADMIN & SRVWD
ACTIVITIES
130 ADMINISTRATION....... 1,943 1,943
140 MILITARY MANPOWER AND 12,191 12,191
PERSONNEL MANAGEMENT.
150 ACQUISITION AND 3,073 3,073
PROGRAM MANAGEMENT.
SUBTOTAL ADMIN & 17,207 17,207
SRVWD ACTIVITIES.
UNDISTRIBUTED
998 UNDISTRIBUTED........ 0 -17,495
Bulk fuel adjustment. [-3,195]
Unobligated balances. [-14,300]
[[Page S8688]]
SUBTOTAL 0 -17,495
UNDISTRIBUTED.
TOTAL OPERATION & 1,148,698 1,131,203
MAINTENANCE, NAVY
RES.
OPERATION &
MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES..... 102,271 148,171
Marine Corps UFR-- [45,900]
Individual combat
clothing and
equipment.
020 DEPOT MAINTENANCE.... 16,811 16,811
030 SUSTAINMENT, 42,702 42,702
RESTORATION AND
MODERNIZATION.
040 BASE OPERATING 109,210 109,210
SUPPORT.
SUBTOTAL OPERATING 270,994 316,894
FORCES.
ADMIN & SRVWD
ACTIVITIES
050 ADMINISTRATION....... 14,056 14,056
SUBTOTAL ADMIN & 14,056 14,056
SRVWD ACTIVITIES.
UNDISTRIBUTED
998 UNDISTRIBUTED........ 0 -7,695
Bulk fuel adjustment. [-3,195]
Unobligated balances. [-4,500]
SUBTOTAL 0 -7,695
UNDISTRIBUTED.
TOTAL OPERATION & 285,050 323,255
MAINTENANCE, MC
RESERVE.
OPERATION &
MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES 706,860 706,860
020 COMBAT ENHANCEMENT 2,382,448 2,478,948
FORCES.
Air Force UFR--Build [5,000]
command and control
framework.
Air Force UFR--Weapon [37,000]
system sustainment.
CENTCOM UFR-- [53,000]
Additional ISR.
EUCOM UFR--Air Base [1,500]
Air Defense
Operations Center.
030 AIR OPERATIONS 1,555,320 1,840,320
TRAINING (OJT,
MAINTAIN SKILLS).
Air Force UFR--FSRM.. [285,000]
040 DEPOT PURCHASE 3,661,762 3,870,762
EQUIPMENT
MAINTENANCE.
Air Force UFR--Weapon [209,000]
system sustainment.
050 FACILITIES 3,867,114 4,611,114
SUSTAINMENT,
RESTORATION &
MODERNIZATION.
Program increase FSRM [744,000]
to 100%.
060 CYBERSPACE 179,568 295,568
SUSTAINMENT.
Air Force UFR--Weapon [116,000]
system sustainment.
070 CONTRACTOR LOGISTICS 8,457,653 9,186,653
SUPPORT AND SYSTEM
SUPPORT.
A-10/F-35 contract [156,000]
maintenance.
Air Force UFR--Build [112,000]
command and control
framework.
Air Force UFR--F-35 [185,000]
weapon system
sustainment.
Air Force UFR--Weapon [276,000]
system sustainment.
080 FLYING HOUR PROGRAM.. 5,646,730 6,115,730
Air Force UFR--Weapon [114,000]
system sustainment.
Restore A10s [272,000]
divestment.
Restore C130s [83,000]
divestment.
090 BASE SUPPORT......... 9,846,037 9,931,037
Air Force UFR--Build [85,000]
command and control
framework.
100 GLOBAL C3I AND EARLY 979,705 979,705
WARNING.
110 OTHER COMBAT OPS SPT 1,418,515 1,424,825
PROGRAMS.
Commercial economic [-3,000]
analysis program
reduction.
EUCOM UFR--Air base [110]
air defense.
EUCOM UFR--Mission [9,200]
Partner Environment.
120 CYBERSPACE ACTIVITIES 864,761 864,761
150 SPACE CONTROL SYSTEMS 13,223 13,223
160 US NORTHCOM/NORAD.... 196,774 196,774
170 US STRATCOM.......... 475,015 475,015
180 US CYBERCOM.......... 389,663 420,963
CYBERCOM UFR-- [3,200]
Acceleration of
cyber intelligence.
CYBERCOM UFR-- [4,800]
Acquisition
personnel.
CYBERCOM UFR-- [23,300]
Advanced cyber
training.
190 US CENTCOM........... 372,354 391,354
CENTCOM UFR--MISO [24,000]
program.
Program reduction to [-5,000]
OSCI.
200 US SOCOM............. 28,733 28,733
220 CENTCOM CYBERSPACE 1,289 1,289
SUSTAINMENT.
230 USSPACECOM........... 272,601 329,601
SPACECOM UFR-- [30,200]
Bridging space
protection gaps.
SPACECOM UFR--Pathway [26,800]
to full operational
capability.
9999 CLASSIFIED PROGRAMS.. 1,454,383 1,443,883
Capabilities [-5,000]
Management Office
reduction.
CCMD Intelligence [-3,000]
Information
Technology reduction.
Strategy Coordination [-2,500]
reduction.
SUBTOTAL OPERATING 42,770,508 45,607,118
FORCES.
MOBILIZATION
240 AIRLIFT OPERATIONS... 2,422,784 2,422,784
250 MOBILIZATION 667,851 667,851
PREPAREDNESS.
[[Page S8689]]
SUBTOTAL MOBILIZATION 3,090,635 3,090,635
TRAINING AND
RECRUITING
260 OFFICER ACQUISITION.. 156,193 156,193
270 RECRUIT TRAINING..... 26,072 26,072
280 RESERVE OFFICERS 127,693 127,693
TRAINING CORPS
(ROTC).
290 SPECIALIZED SKILL 491,286 491,286
TRAINING.
300 FLIGHT TRAINING...... 718,742 718,742
310 PROFESSIONAL 302,092 302,092
DEVELOPMENT
EDUCATION.
320 TRAINING SUPPORT..... 162,165 162,165
330 RECRUITING AND 171,339 171,339
ADVERTISING.
340 EXAMINING............ 8,178 8,178
350 OFF-DUTY AND 236,760 236,760
VOLUNTARY EDUCATION.
360 CIVILIAN EDUCATION 306,602 306,602
AND TRAINING.
370 JUNIOR ROTC.......... 65,940 65,940
SUBTOTAL TRAINING AND 2,773,062 2,773,062
RECRUITING.
ADMIN & SRVWD
ACTIVITIES
380 LOGISTICS OPERATIONS. 1,062,709 1,062,709
390 TECHNICAL SUPPORT 169,957 169,957
ACTIVITIES.
400 ADMINISTRATION....... 1,005,827 1,005,827
410 SERVICEWIDE 31,054 31,054
COMMUNICATIONS.
420 OTHER SERVICEWIDE 1,470,757 1,476,757
ACTIVITIES.
Air Force UFR--Build [6,000]
command and control
framework.
430 CIVIL AIR PATROL..... 29,128 29,128
450 INTERNATIONAL SUPPORT 81,118 81,118
9999 CLASSIFIED PROGRAMS.. 1,391,720 1,391,720
SUBTOTAL ADMIN & 5,242,270 5,248,270
SRVWD ACTIVITIES.
UNDISTRIBUTED
998 UNDISTRIBUTED........ 0 -594,865
Bulk fuel adjustment. [-150,165]
Foreign currency [-81,000]
fluctuations.
Printing costs [-5,100]
reduction.
Unobligated balances. [-358,600]
SUBTOTAL 0 -594,865
UNDISTRIBUTED.
TOTAL OPERATION & 53,876,475 56,124,220
MAINTENANCE, AIR
FORCE.
OPERATION &
MAINTENANCE, SPACE
FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY 495,615 521,315
WARNING.
Space Force UFR-- [25,700]
Maintenance
contracts for
missile warning and
defense systems.
020 SPACE LAUNCH 185,700 185,700
OPERATIONS.
030 SPACE OPERATIONS..... 611,269 620,769
Space Force UFR-- [5,500]
Increase opeational
support to SPACECOM.
Space Force UFR-- [4,000]
Space Commercially
Augmented Mission
Platform.
040 EDUCATION & TRAINING. 22,887 108,887
Space Force UFR-- [86,000]
Accelerate Space
Force PME.
060 DEPOT MAINTENANCE.... 280,165 306,365
Space Force UFR-- [26,200]
Weapon system
sustainment.
070 FACILITIES 213,347 281,147
SUSTAINMENT,
RESTORATION &
MODERNIZATION.
Space Force UFR-- [1,500]
Aircraft fire
training mock-up.
Space Force UFR--FSRM [66,300]
Cheyenne Mountain
Complex.
080 CONTRACTOR LOGISTICS 1,158,707 1,254,707
AND SYSTEM SUPPORT.
Space Force UFR-- [96,000]
Weapon system
sustainment.
090 SPACE OPERATIONS -BOS 143,520 143,520
9999 CLASSIFIED PROGRAMS.. 172,755 172,755
SUBTOTAL OPERATING 3,283,965 3,595,165
FORCES.
ADMINISTRATION AND
SERVICE WIDE
ACTIVITIES
100 ADMINISTRATION....... 156,747 156,747
SUBTOTAL 156,747 156,747
ADMINISTRATION AND
SERVICE WIDE
ACTIVITIES.
TOTAL OPERATION & 3,440,712 3,751,912
MAINTENANCE, SPACE
FORCE.
OPERATION &
MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES 1,665,015 1,665,015
020 MISSION SUPPORT 179,486 179,486
OPERATIONS.
030 DEPOT PURCHASE 530,540 530,540
EQUIPMENT
MAINTENANCE.
040 FACILITIES 114,987 123,987
SUSTAINMENT,
RESTORATION &
MODERNIZATION.
Air Force UFR--FSRM.. [9,000]
050 CONTRACTOR LOGISTICS 254,831 254,831
SUPPORT AND SYSTEM
SUPPORT.
060 BASE SUPPORT......... 470,801 470,801
070 CYBERSPACE ACTIVITIES 1,372 1,372
SUBTOTAL OPERATING 3,217,032 3,226,032
FORCES.
ADMINISTRATION AND
SERVICEWIDE
ACTIVITIES
080 ADMINISTRATION....... 91,289 91,289
090 RECRUITING AND 23,181 23,181
ADVERTISING.
100 MILITARY MANPOWER AND 13,966 13,966
PERS MGMT (ARPC).
[[Page S8690]]
110 OTHER PERS SUPPORT 6,196 6,196
(DISABILITY COMP).
120 AUDIOVISUAL.......... 442 442
SUBTOTAL 135,074 135,074
ADMINISTRATION AND
SERVICEWIDE
ACTIVITIES.
UNDISTRIBUTED
998 UNDISTRIBUTED........ 0 -43,295
Bulk fuel adjustment. [-3,195]
Unobligated balances. [-40,100]
SUBTOTAL 0 -43,295
UNDISTRIBUTED.
TOTAL OPERATION & 3,352,106 3,317,811
MAINTENANCE, AF
RESERVE.
OPERATION &
MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS.. 2,281,432 2,281,432
020 MISSION SUPPORT 582,848 588,748
OPERATIONS.
CNGB UFR--HRF/CERFP [5,900]
sustainment.
030 DEPOT PURCHASE 1,241,318 1,241,318
EQUIPMENT
MAINTENANCE.
040 FACILITIES 353,193 379,193
SUSTAINMENT,
RESTORATION &
MODERNIZATION.
Air Force UFR--FSRM.. [26,000]
050 CONTRACTOR LOGISTICS 1,077,654 1,077,654
SUPPORT AND SYSTEM
SUPPORT.
060 BASE SUPPORT......... 908,198 925,598
CNGB UFR--Security [17,400]
forces hearing and
comm package.
070 CYBERSPACE 23,895 23,895
SUSTAINMENT.
080 CYBERSPACE ACTIVITIES 17,263 17,263
SUBTOTAL OPERATING 6,485,801 6,535,101
FORCES.
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
090 ADMINISTRATION....... 46,455 46,455
100 RECRUITING AND 41,764 41,764
ADVERTISING.
SUBTOTAL 88,219 88,219
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES.
UNDISTRIBUTED
998 UNDISTRIBUTED........ 0 -66,275
Bulk fuel adjustment. [-15,975]
Unobligated balances. [-50,300]
SUBTOTAL 0 -66,275
UNDISTRIBUTED.
TOTAL OPERATION & 6,574,020 6,557,045
MAINTENANCE, ANG.
OPERATION AND
MAINTENANCE, DEFENSE-
WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF 407,240 407,240
020 JOINT CHIEFS OF 554,634 677,734
STAFF--CE2T2.
AFRICOM UFR--Joint [18,000]
Exercise Program.
CENTCOM UFR--EAGER [20,000]
LION.
INDOPACOM UFR--Joint [35,100]
Exercise Program.
Joint Exercise [50,000]
Program--restore to
FY21 levels.
030 JOINT CHIEFS OF 8,098 8,098
STAFF--CYBER.
050 SPECIAL OPERATIONS 2,044,479 2,047,789
COMMAND COMBAT
DEVELOPMENT
ACTIVITIES.
SOCOM UFR--Armored [3,310]
ground mobility
systems acceleration.
060 SPECIAL OPERATIONS 45,851 45,851
COMMAND CYBERSPACE
ACTIVITIES.
070 SPECIAL OPERATIONS 1,614,757 1,614,757
COMMAND INTELLIGENCE.
080 SPECIAL OPERATIONS 1,081,869 1,088,210
COMMAND MAINTENANCE.
SOCOM UFR--Modernized [900]
forward look sonar.
SOCOM UFR--Personal [5,441]
signature management
acceleration.
090 SPECIAL OPERATIONS 180,042 180,042
COMMAND MANAGEMENT/
OPERATIONAL
HEADQUARTERS.
100 SPECIAL OPERATIONS 1,202,060 1,202,060
COMMAND OPERATIONAL
SUPPORT.
110 SPECIAL OPERATIONS 3,175,789 3,175,789
COMMAND THEATER
FORCES.
SUBTOTAL OPERATING 10,314,819 10,447,570
FORCES.
TRAINING AND
RECRUITING
130 DEFENSE ACQUISITION 171,607 171,607
UNIVERSITY.
140 JOINT CHIEFS OF STAFF 92,905 92,905
150 PROFESSIONAL 31,669 31,669
DEVELOPMENT
EDUCATION.
SUBTOTAL TRAINING AND 296,181 296,181
RECRUITING.
ADMIN & SRVWIDE
ACTIVITIES
170 CIVIL MILITARY 137,311 157,311
PROGRAMS.
Innovative readiness [5,000]
training increase.
STARBASE............. [15,000]
190 DEFENSE CONTRACT 618,526 618,526
AUDIT AGENCY.
200 DEFENSE CONTRACT 3,984 3,984
AUDIT AGENCY--CYBER.
220 DEFENSE CONTRACT 1,438,296 1,438,296
MANAGEMENT AGENCY.
230 DEFENSE CONTRACT 11,999 11,999
MANAGEMENT AGENCY--
CYBER.
240 DEFENSE 941,488 946,488
COUNTERINTELLIGENCE
AND SECURITY AGENCY.
DCSA Analytic tools [5,000]
for assessing FOCI.
260 DEFENSE 9,859 9,859
COUNTERINTELLIGENCE
AND SECURITY AGENCY--
CYBER.
270 DEFENSE HUMAN 816,168 831,168
RESOURCES ACTIVITY.
Troops-to-Teachers... [15,000]
280 DEFENSE HUMAN 17,655 17,655
RESOURCES ACTIVITY--
CYBER.
290 DEFENSE INFORMATION 1,913,734 1,955,734
SYSTEMS AGENCY.
[[Page S8691]]
milCloud 2.0 [42,000]
migration.
310 DEFENSE INFORMATION 530,278 615,378
SYSTEMS AGENCY--
CYBER.
Automated C2, [25,000]
orchestration, other
increased
capabilities for
JFHQ-DODIN.
CYBERCOM UFR-- [60,100]
Hardening of DODIN.
350 DEFENSE LEGAL 229,498 229,498
SERVICES AGENCY.
360 DEFENSE LOGISTICS 402,864 402,864
AGENCY.
370 DEFENSE MEDIA 222,655 222,655
ACTIVITY.
380 DEFENSE PERSONNEL 130,174 130,174
ACCOUNTING AGENCY.
390 DEFENSE SECURITY 2,067,446 2,405,736
COOPERATION AGENCY.
AFRICOM UFR--AFRICOM [60,000]
security cooperation
program increase.
Increase to Ukraine [50,000]
Security Assistance
Initiative.
INDOPACOM UFR-- [130,600]
INDOPACOM security
cooperation program
increase.
Joint Combined [3,190]
Exchange Training--
restore to FY21
levels.
SOUTHCOM UFR--Air [85,000]
Mobility Initiative.
SOUTHCOM UFR--Central [9,500]
America Border
Security Initiative.
420 DEFENSE TECHNOLOGY 39,305 39,305
SECURITY
ADMINISTRATION.
440 DEFENSE THREAT 885,749 885,749
REDUCTION AGENCY.
460 DEFENSE THREAT 36,736 36,736
REDUCTION AGENCY--
CYBER.
470 DEPARTMENT OF DEFENSE 3,138,345 3,208,345
EDUCATION ACTIVITY.
Impact Aid for [20,000]
children with severe
disabilities.
Impact Aid for [50,000]
schools with
military dependent
students.
490 MISSILE DEFENSE 502,450 502,450
AGENCY.
530 OFFICE OF THE LOCAL 89,686 89,686
DEFENSE COMMUNITY
COOPERATION--OSD.
540 OFFICE OF THE 1,766,614 1,864,114
SECRETARY OF DEFENSE.
Analytical tools in [2,000]
evaluating energy
resilience measures.
Bien Hoa dioxin [15,000]
cleanup.
Centers for Disease [15,000]
Control and
Prevention nation-
wide human health
assessment.
Congressional [2,000]
Hearings and
Reporting
Requirements
Tracking System
modernization.
Cost Assessment Data [3,500]
Enterprise.
Defense Environmental [2,000]
International
Cooperation program
increase.
Interstate compacts [4,000]
on licensed
occupations.
Joint Aviation Safety [4,000]
Council.
Office of the [25,000]
Secretary of Defense
civilian workforce.
Personnel in the [5,000]
Office of Assistant
Secretary of Defense
Sustainment and
Environment, Safety,
and Occupational
Health.
Strategic competition [20,000]
initiative.
550 OFFICE OF THE 32,851 32,851
SECRETARY OF
DEFENSE--CYBER.
560 SPACE DEVELOPMENT 53,851 53,851
AGENCY.
570 WASHINGTON 369,698 369,698
HEADQUARTERS
SERVICES.
999 CLASSIFIED PROGRAMS.. 17,900,146 17,900,146
SUBTOTAL ADMIN & 34,307,366 34,980,256
SRVWIDE ACTIVITIES.
TOTAL OPERATION AND 44,918,366 45,079,862
MAINTENANCE, DEFENSE-
WIDE.
UNDISTRIBUTED
OPERATION &
MAINTENANCE, DEFENSE-
WIDE
998 UNDISTRIBUTED........ 0 -644,145
Bulk fuel adjustment. [-3,195]
Foreign currency [-30,000]
fluctuations.
Printing costs [-5,100]
reduction.
Program reduction-- [-28,650]
SOCOM unjustified
increase in
management and
headquarters
expenses.
Unobligated balances. [-577,200]
SUBTOTAL 0 -644,145
UNDISTRIBUTED.
TOTAL OPERATION & 0 161,496
MAINTENANCE, DEFENSE-
WIDE.
MISCELLANEOUS
APPROPRIATIONS
US COURT OF APPEALS
FOR THE ARMED
FORCES, DEF
010 US COURT OF APPEALS 15,589 15,589
FOR THE ARMED
FORCES, DEFENSE.
SUBTOTAL US COURT OF 15,589 15,589
APPEALS FOR THE
ARMED FORCES, DEF.
TOTAL MISCELLANEOUS 15,589 15,589
APPROPRIATIONS.
MISCELLANEOUS
APPROPRIATIONS
OVERSEAS
HUMANITARIAN,
DISASTER, AND CIVIC
AID
010 OVERSEAS 110,051 135,051
HUMANITARIAN,
DISASTER AND CIVIC
AID.
Program increase..... [25,000]
SUBTOTAL OVERSEAS 110,051 135,051
HUMANITARIAN,
DISASTER, AND CIVIC
AID.
TOTAL MISCELLANEOUS 110,051 135,051
APPROPRIATIONS.
MISCELLANEOUS
APPROPRIATIONS
COOPERATIVE THREAT
REDUCTION ACCOUNT
010 COOPERATIVE THREAT 239,849 239,849
REDUCTION.
SUBTOTAL COOPERATIVE 239,849 239,849
THREAT REDUCTION
ACCOUNT.
TOTAL MISCELLANEOUS 239,849 239,849
APPROPRIATIONS.
MISCELLANEOUS
APPROPRIATIONS
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD. 54,679 54,679
SUBTOTAL ACQUISITION 54,679 54,679
WORKFORCE
DEVELOPMENT.
[[Page S8692]]
TOTAL MISCELLANEOUS 54,679 54,679
APPROPRIATIONS.
MISCELLANEOUS
APPROPRIATIONS
ENVIRONMENTAL
RESTORATION, ARMY
050 ENVIRONMENTAL 200,806 200,806
RESTORATION, ARMY.
SUBTOTAL 200,806 200,806
ENVIRONMENTAL
RESTORATION, ARMY.
TOTAL MISCELLANEOUS 200,806 200,806
APPROPRIATIONS.
MISCELLANEOUS
APPROPRIATIONS
ENVIRONMENTAL
RESTORATION, NAVY
060 ENVIRONMENTAL 298,250 298,250
RESTORATION, NAVY.
SUBTOTAL 298,250 298,250
ENVIRONMENTAL
RESTORATION, NAVY.
TOTAL MISCELLANEOUS 298,250 298,250
APPROPRIATIONS.
MISCELLANEOUS
APPROPRIATIONS
ENVIRONMENTAL
RESTORATION, AIR
FORCE
070 ENVIRONMENTAL 301,768 301,768
RESTORATION, AIR
FORCE.
SUBTOTAL 301,768 301,768
ENVIRONMENTAL
RESTORATION, AIR
FORCE.
TOTAL MISCELLANEOUS 301,768 301,768
APPROPRIATIONS.
MISCELLANEOUS
APPROPRIATIONS
ENVIRONMENTAL
RESTORATION, DEFENSE
080 ENVIRONMENTAL 8,783 8,783
RESTORATION, DEFENSE.
SUBTOTAL 8,783 8,783
ENVIRONMENTAL
RESTORATION, DEFENSE.
TOTAL MISCELLANEOUS 8,783 8,783
APPROPRIATIONS.
MISCELLANEOUS
APPROPRIATIONS
ENVIRONMENTAL
RESTORATION FORMERLY
USED SITES
090 ENVIRONMENTAL 218,580 218,580
RESTORATION FORMERLY
USED SITES.
SUBTOTAL 218,580 218,580
ENVIRONMENTAL
RESTORATION FORMERLY
USED SITES.
TOTAL MISCELLANEOUS 218,580 218,580
APPROPRIATIONS.
TOTAL OPERATION & 253,623,852 260,571,205
MAINTENANCE.
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Senate
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS..... 157,947,920 157,451,308
A-10/F-35 Active duty maintainers..... 93,000
Army UFR - JTIMS exercise support..... 67,435
Army UFR - Reserve Component EDI for 55,999
Rotational Forces....................
Army UFR - Reserve Component Homeland 228,410
Security Ops.........................
CNGB UFR - CBRN Response Forces....... 9,200
Military personnel historical [-950,656]
underexecution.......................
SUBTOTAL MILITARY PERSONNEL 157,947,920 157,451,308
APPROPRIATIONS.......................
MEDICARE-ELIGIBLE RETIREE HEALTH CARE
FUND CONTRIBUTIONS
MEDICARE-ELIGIBLE RETIREE HEALTH CARE 9,337,175 9,337,175
FUND CONTRIBUTIONS...................
SUBTOTAL MEDICARE-ELIGIBLE RETIREE 9,337,175 9,337,175
HEALTH CARE FUND CONTRIBUTIONS.......
TOTAL MILITARY PERSONNEL.............. 167,285,095 166,788,483
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 Senate
Line Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND
WORKING CAPITAL FUND,
ARMY
1 INDUSTRIAL OPERATIONS 26,935 26,935
2 SUPPLY MANAGEMENT-- 357,776 357,776
ARMY.
SUBTOTAL WORKING 384,711 384,711
CAPITAL FUND, ARMY.
[[Page S8693]]
WORKING CAPITAL FUND,
NAVY
1 SUPPLY MANAGEMENT, 150,000 150,000
NAVY.
SUBTOTAL WORKING 150,000 150,000
CAPITAL FUND, NAVY.
WORKING CAPITAL FUND,
AIR FORCE
2 SUPPLIES AND 77,453 77,453
MATERIALS.
SUBTOTAL WORKING 77,453 77,453
CAPITAL FUND, AIR
FORCE.
WORKING CAPITAL FUND,
DEFENSE-WIDE
1 ENERGY MANAGEMENT-- 40,000 40,000
DEF.
2 SUPPLY CHAIN 87,765 87,765
MANAGEMENT--DEF.
SUBTOTAL WORKING 127,765 127,765
CAPITAL FUND,
DEFENSE-WIDE.
WORKING CAPITAL FUND,
DECA
2 WORKING CAPITAL FUND, 1,162,071 1,162,071
DECA.
SUBTOTAL WORKING 1,162,071 1,162,071
CAPITAL FUND, DECA.
TOTAL WORKING CAPITAL 1,902,000 1,902,000
FUND.
CHEM AGENTS &
MUNITIONS
DESTRUCTION
OPERATION &
MAINTENANCE
1 CHEM 93,121 93,121
DEMILITARIZATION--O&
M.
SUBTOTAL OPERATION & 93,121 93,121
MAINTENANCE.
RESEARCH,
DEVELOPMENT, TEST,
AND EVALUATION
2 CHEM 1,001,231 1,001,231
DEMILITARIZATION--RD
T&E.
SUBTOTAL RESEARCH, 1,001,231 1,001,231
DEVELOPMENT, TEST,
AND EVALUATION.
TOTAL CHEM AGENTS & 1,094,352 1,094,352
MUNITIONS
DESTRUCTION.
DRUG INTERDICTION &
CTR-DRUG ACTIVITIES,
DEF
DRUG INTRDCTN
1 COUNTER-NARCOTICS 593,250 593,250
SUPPORT.
SUBTOTAL DRUG 593,250 593,250
INTRDCTN.
DRUG DEMAND REDUCTION
PROGRAM
2 DRUG DEMAND REDUCTION 126,024 126,024
PROGRAM.
SUBTOTAL DRUG DEMAND 126,024 126,024
REDUCTION PROGRAM.
NATIONAL GUARD
COUNTER-DRUG PROGRAM
3 NATIONAL GUARD 96,970 96,970
COUNTER-DRUG PROGRAM.
SUBTOTAL NATIONAL 96,970 96,970
GUARD COUNTER-DRUG
PROGRAM.
NATIONAL GUARD
COUNTER-DRUG SCHOOLS
4 NATIONAL GUARD 5,664 5,664
COUNTER-DRUG SCHOOLS.
SUBTOTAL NATIONAL 5,664 5,664
GUARD COUNTER-DRUG
SCHOOLS.
TOTAL DRUG 821,908 821,908
INTERDICTION & CTR-
DRUG ACTIVITIES, DEF.
OFFICE OF THE
INSPECTOR GENERAL
OFFICE OF THE
INSPECTOR GENERAL
1 OPERATION AND 434,700 434,700
MAINTENANCE.
2 OPERATION AND 1,218 1,218
MAINTENANCE.
3 RDT&E................ 2,365 2,365
4 PROCUREMENT.......... 80 80
SUBTOTAL OFFICE OF 438,363 438,363
THE INSPECTOR
GENERAL.
TOTAL OFFICE OF THE 438,363 438,363
INSPECTOR GENERAL.
DEFENSE HEALTH
PROGRAM
OPERATION &
MAINTENANCE
1 IN-HOUSE CARE........ 9,720,004 9,750,004
Anomalous health [30,000]
incidents.
2 PRIVATE SECTOR CARE.. 18,092,679 18,092,679
3 CONSOLIDATED HEALTH 1,541,122 1,541,122
SUPPORT.
4 INFORMATION 2,233,677 2,233,677
MANAGEMENT.
5 MANAGEMENT ACTIVITIES 335,138 335,138
6 EDUCATION AND 333,234 333,234
TRAINING.
7 BASE OPERATIONS/ 1,926,865 1,926,865
COMMUNICATIONS.
SUBTOTAL OPERATION & 34,182,719 34,212,719
MAINTENANCE.
RDT&E
10 R&D ADVANCED 235,556 235,556
DEVELOPMENT.
11 R&D DEMONSTRATION/ 142,252 142,252
VALIDATION.
12 R&D ENGINEERING 101,054 101,054
DEVELOPMENT.
12 R&D MANAGEMENT AND 49,645 49,645
SUPPORT.
14 R&D CAPABILITIES 17,619 17,619
ENHANCEMENT.
8 R&D RESEARCH......... 9,091 9,091
9 R&D EXPLORATRY 75,463 75,463
DEVELOPMENT.
SUBTOTAL RDT&E....... 630,680 630,680
[[Page S8694]]
PROCUREMENT
15 PROC INITIAL 20,926 20,926
OUTFITTING.
16 PROC REPLACEMENT & 250,366 250,366
MODERNIZATION.
18 PROC MILITARY HEALTH 72,302 72,302
SYSTEM--DESKTOP TO
DATACENTER.
19 PROC DOD HEALTHCARE 435,414 435,414
MANAGEMENT SYSTEM
MODERNIZATION.
SUBTOTAL PROCUREMENT. 779,008 779,008
TOTAL DEFENSE HEALTH 35,592,407 35,622,407
PROGRAM.
TOTAL OTHER 39,849,030 39,879,030
AUTHORIZATIONS.
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2022 Senate
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION
ARMY
Alabama
Army Fort Rucker AIT Barracks Complex.... 0 66,000
Army Redstone Arsenal Propulsion Systems Lab.. 55,000 55,000
Belgium
Army Shape Headquarters Command and Control 16,000 16,000
Facility.
California
Army Fort Irwin Simulations Center...... 52,000 52,000
Georgia
Army Fort Gordon Cyber Instructional Fac 69,000 69,000
(Admin/Cmd) (Inc 2).
Army Fort Stewart Barracks................ 0 100,000
Germany
Army East Camp Grafenwoehr EDI: Barracks and Dining 103,000 103,000
Facility.
Army Smith Barracks Live Fire Exercise 16,000 16,000
Shoothouse.
Army Smith Barracks Indoor Small Arms Range. 17,500 17,500
Hawaii
Army Fort Shafter Cost to Complete, 0 55,500
Command & Control
Facility.
Army West Loch Naval Ammunition Storage...... 51,000 51,000
Magazine Annex
Army Wheeler Army Airfield Aviation Unit OPS 0 84,000
Building.
Army Wheeler Army Airfield Rotary Wing Parking 0 56,000
Apron.
Kansas
Army Fort Leavenworth Child Development Center 0 34,000
Kentucky
Army Fort Knox Child Development Center 0 27,000
Kwajalein
Army Kwajalein Atoll Cost to Complete, Family 0 10,000
Housing Replacement
Construction.
Louisiana
Army Camp Minden Collective Training 0 13,800
Unaccompanied Housing.
Army Fort Polk Barracks................ 0 56,000
Army Fort Polk Joint Operations Center. 55,000 55,000
Maryland
Army Fort Meade Barracks................ 81,000 81,000
New York
Army Fort Hamilton Information Systems 26,000 26,000
Facility.
Army Watervliet Arsenal Access Control Point.... 20,000 20,000
Army West Point Military Cost to Complete, 0 17,200
Reservation Engineering Center.
Pennsylvania
Army Letterkenny Army Depot Fire Station............ 21,000 21,000
Army Tobyhanna Army Depot Cost to Complete, Family 0 7,500
Housing Replacement
Construction.
Puerto Rico
Army Fort Buchanan Cost to Complete, Family 0 14,000
Housing Replacement
Construction.
South Carolina
Army Fort Jackson Cost to Complete, 0 21,000
Reception Barracks
Complex, Ph 1.
Army Fort Jackson Reception Barracks 34,000 34,000
Complex, Ph2 (Inc 2).
Texas
Army Fort Hood Barracks................ 0 61,000
Army Fort Hood Barracks................ 0 69,000
Virginia
Army Jont Base Langley- Cost to Complete, AIT 0 16,000
Eustis Barracks Complex, Ph 4.
Worldwide Classified
Army Classified Location Forward Operating Site.. 31,000 31,000
Worldwide Unspecified
Army Unspecified Worldwide Minor Construction...... 35,543 35,543
Locations
Army Unspecified Worldwide Planning & Design....... 124,649 124,649
Locations
Army Unspecified Worldwide Host Nation Support..... 27,000 27,000
Locations
Army Worldwide Various Lab Planning & Design 0 45,000
Locations Unfunded Requirement.
.........................
[[Page S8695]]
SUBTOTAL ARMY 834,692 1,587,692
.......................
NAVY
Arizona
Navy Marine Corps Air Bachelor Enlisted 0 99,600
Station Yuma Quarters.
Navy Marine Corps Air Combat Training Tank 0 29,300
Station Yuma Complex.
California
Navy Camp Pendleton I MEF Consolidated 19,869 19,869
Information Center
(Inc).
Navy Marine Corps Air Ground Wastewater Treatment 0 45,000
Combat Center Plant.
Navy Marine Corps Air Aircraft Maintenance 0 209,500
Station Miramar Hangar.
Navy Marine Corps Air F-35 Centralized Engine 0 31,400
Station Miramar Repair Facility.
Navy Marine Corps Base Camp Basilone Road 0 85,200
Pendleton Realignment.
Navy Marine Corps Base Camp CLB MEU Complex......... 0 83,900
Pendleton
Navy Marine Corps Base Camp Warehouse Replacement... 0 22,200
Pendleton
Navy Marine Corps Reserve Recruit Mess Hall 0 8,000
Depot San Diego Replacement.
Navy Naval Air Station F-35C Hangar 6 Phase 2 75,070 75,070
Lemoore (Mod 3/4) (Inc).
Navy Naval Base Coronado CMV-22B Aircraft 0 63,600
Maintenance Hangar.
Navy Naval Base San Diego Pier 6 Replacement (Inc) 50,000 50,000
Navy Naval Base Ventura Combat Vehicle 0 48,700
County Maintenance Facility.
Navy Naval Base Ventura MQ-25 Aircraft 0 148,800
County Maintenance Hangar.
Navy Naval Weapons Station Missile Magazines (Inc). 10,840 10,840
Seal Beach
Navy San Nicolas Island Directed Energy Weapons 19,907 19,907
Test Facilities.
El Salvador
Navy Cooperative Security Hangar and Ramp 0 28,000
Location Comalapa Expansion.
Florida
Navy Marine Corps Support Lighterage and Small 0 69,400
Facility Blount Island Craft Facility.
Greece
Navy Naval Support Activity EDI: Joint Mobility 41,650 41,650
Souda Bay Processing Center.
Guam
Navy Andersen Air Force Base Aviation Admin Building. 50,890 50,890
Navy Joint Region Marianas 4th Marines Regiment 109,507 84,507
Facilities.
Navy Joint Region Marianas Combat Logistics 92,710 64,710
Battallion-4 Facility.
Navy Joint Region Marianas Consolidated Armory..... 43,470 43,470
Navy Joint Region Marianas Infantry Battalion 44,100 44,100
Company HQ.
Navy Joint Region Marianas Marine Expeditionary 66,830 66,830
Brigade Enablers.
Navy Joint Region Marianas Principal End Item (PEI) 47,110 47,110
Warehouse.
Navy Joint Region Marianas Bachelor Enlisted 43,200 43,200
Quarters H (Inc).
Navy Joint Region Marianas X-Ray Wharf Berth 2..... 103,800 63,800
Navy Joint Region Marianas Joint Communication 84,000 84,000
Upgrade (Inc).
Hawaii
Navy Marine Corps Base Bachelor Enlisted 0 10,000
Kaneohe Bay Quarters Phase II (Inc).
Navy Marine Corps Base Electrical Distribution 0 64,500
Kaneohe Bay Modernization.
Japan
Navy Fleet Activities Pier 5 (Berths 2 and 3) 15,292 15,292
Yokosuka (Inc).
Navy Fleet Activities Ship Handling & Combat 49,900 49,900
Yokosuka Training Facilities.
Maine
Navy Portsmouth Naval Multi-Mission Dry Dock 0 100,000
Shipyard #1 Extension (Inc)--
Navy #1 Ufr.
Navy Portsmouth Naval Multi-Mission Dry Dock 250,000 250,000
Shipyard #1 Extension (Inc).
Nevada
Navy Naval Air Station Training Range Land 48,250 0
Fallon Acquisition--Phase 2.
North Carolina
Navy Camp Lejeune II MEF Operations Center 42,200 42,200
Replacement (Inc).
Navy Marine Corps Air ATC Tower & Airfield 0 18,700
Station Cherry Point Operations.
Navy Marine Corps Air Aircraft Maintenance 207,897 57,897
Station Cherry Point Hangar.
Navy Marine Corps Air F-35 Flightline 113,520 33,520
Station Cherry Point Utilities Modernization
Phase 2.
Navy Marine Corps Base Camp Water Treatment Plant 0 64,200
Lejeune Replacement Hadnot Pt.
South Carolina
Navy Marine Corps Air Aircraft Maintenance 0 122,600
Station Beaufort Hangar.
Navy Marine Corps Air Recycling/Hazardous 0 5,000
Station Beaufort Waste Facility.
Spain
Navy Naval Station Rota EDI: Explosive Ordnance 0 85,600
Disposal (EOD) Mobile
Unit Facilities.
Virginia
Navy Marine Corps Base Vehicle Inspection and 42,850 42,850
Quantico Visitor Control Center.
Navy Marine Corps Base Wargaming Center (Inc).. 30,500 30,500
Quantico
Navy Naval Station Norfolk CMV-22 Aircraft 0 75,100
Maintenance Hangar &
Airfield Improvement.
Navy Naval Station Norfolk Submarine Pier 3 (Inc).. 88,923 43,923
Navy Naval Weapons Station Navy Munitions Command 0 13,500
Yorktown (Nmc) Ordnance
Facilities Recap, Phase
2.
Navy Portsmouth Naval Dry Dock Saltwater 156,380 56,380
Shipyard System for CVN-78.
Worldwide Unspecified
Navy Unspecified Worldwide Unspecified Minor 56,435 56,435
Locations Military Construction.
Navy Unspecified Worldwide MCON Design Funds....... 363,252 363,252
Locations
Navy Worldwide Various Consolidated RDT&E 0 1,700
Locations Systems Facility P&D
(Naval Station Newport).
[[Page S8696]]
Navy Worldwide Various F-35 Joint Strike 0 10,000
Locations Fighter Sustainment
Center (P-993) P&D
(MCAS Cherry Point).
Navy Worldwide Various Hdr Hawaii: Planning and 0 9,000
Locations Design.
Navy Worldwide Various Lab Planning & Design 0 110,000
Locations Unfunded Requirement.
Navy Worldwide Various Next Generation Secure 0 4,000
Locations Submarine Platform
Facility P&D (Naval
Station Newport).
Navy Worldwide Various Next Generation Torpedo 0 1,200
Locations Integration Lab P&D
(Naval Station Newport).
Navy Worldwide Various PDI: Planning & Design 0 68,200
Locations Unfunded Requirement.
Navy Worldwide Various Planning & Design....... 0 40,000
Locations
Navy Worldwide Various Submarine Payloads 0 1,400
Locations Integration Laboratory
P&D (Naval Station
Newport).
Navy Worldwide Various Unspecified Minor 0 75,000
Locations Construction.
.........................
SUBTOTAL NAVY 2,368,352 3,704,402
.......................
AIR FORCE
Alaska
Air Force Eielson Air Force Base Contaminated Soil 0 44,850
Removal.
Air Force Joint Base Elmendorf- Extend Runway 16/34 (Inc 79,000 79,000
Richardson 1).
Arizona
Air Force Davis-Monthan Air Force South Wilmot Gate....... 13,400 13,400
Base
Air Force Luke Air Force Base F-35A ADAL AMU Facility 28,000 28,000
Squadron #6.
Air Force Luke Air Force Base F-35A Squadron 21,000 21,000
Operations Facility #6.
Australia
Air Force Royal Australian Air Squadron Operations 7,400 7,400
Force Base Darwin Facility.
Air Force Royal Australian Air Aircraft Maintenance 6,200 6,200
Force Base Tindal Support Facility.
Air Force Royal Australian Air Squadron Operations 8,200 8,200
Force Base Tindal Facility.
California
Air Force Edwards Air Force Base Flight Test Engineering 4,000 4,000
Lab Complex.
Air Force Vandenberg Space Force GBSD Stage Processing 19,000 19,000
Base Facility.
Air Force Vandenberg Space Force GBSD Re-Entry Vehicle 48,000 48,000
Base Facility.
Colorado
Air Force Schriever Space Force ADAL Fitness Center..... 0 30,000
Base
District of Columbia
Air Force Joint Base Anacostia Joint Air Defense 24,000 24,000
Bolling Operations Center Phase
II.
Florida
Air Force Eglin Air Force Base Cost to Complete-- 0 31,500
Advanced Munitions
Technology Complex.
Air Force Eglin Air Force Base Flightline Fire Station 0 14,000
at Duke Field.
Georgia
Air Force Moody Air Force Base 41 Rqs Hh-60w Apron..... 0 12,500
Germany
Air Force Spangdahlem Air Base F/a-22 LO/Composite 22,625 22,625
Repair Facility.
Guam
Air Force Joint Region Marianas Munitions Storage Igloos 55,000 55,000
IV.
Air Force Joint Region Marianas Airfield Damage Repair 30,000 30,000
Warehouse.
Air Force Joint Region Marianas Hayman Munitions Storage 9,824 9,824
Igloos, MSA2.
Hungary
Air Force Kecskemet Air Base EDI: Construct Parallel 38,650 38,650
Taxiway.
Air Force Kecskemet Air Base EDI: Construct Airfield 20,564 20,564
Upgrades.
Italy
Air Force Aviano Air Force Base Area A1 Entry Control 0 10,200
Point.
Japan
Air Force Kadena Air Base Airfield Damage Repair 38,000 38,000
Storage Facility.
Air Force Kadena Air Base Helicopter Rescue OPS 168,000 50,000
Maintenance Hangar.
Air Force Kadena Air Base Replace Munitions 26,100 26,100
Structures.
Air Force Misawa Air Base Airfield Damage Repair 25,000 25,000
Facility.
Air Force Yokota Air Base Airfield Damage Repair 0 39,000
Warehouse.
Air Force Yokota Air Base Construct CATM Facility. 25,000 25,000
Air Force Yokota Air Base C-130J Corrosion Control 67,000 67,000
Hangar.
Louisiana
Air Force Barksdale Air Force Cost to Complete-- 0 36,000
Base Entrance Road and Gate.
Air Force Barksdale Air Force Weapons Generation 40,000 40,000
Base Facility (Inc 1).
Maryland
Air Force Joint Base Andrews Cost to Complete-- 0 7,800
Military Working Dog
Kennel.
Air Force Joint Base Andrews Fire Crash Rescue 26,000 26,000
Station.
Massachusetts
Air Force Hanscom Air Force Base NC3 Acquisitions 66,000 66,000
Management Facility.
New Mexico
Air Force Kirtland Air Force Base Cost to Complete-- 0 5,600
Wyoming Gate
Antiterrorism
Compliance.
Ohio
Air Force Wright-Patterson Air Child Development Center 0 24,000
Force Base
Oklahoma
Air Force Tinker Air Force Base KC-46A 3-Bay Depot 160,000 60,000
Maintenance Hangar.
South Carolina
Air Force Joint Base Charleston Fire and Rescue Station. 0 30,000
Air Force Joint Base Charleston Flightline Support 0 29,000
Facility.
[[Page S8697]]
South Dakota
Air Force Ellsworth Air Force B-21 2-Bay LO 91,000 41,000
Base Restoration Facility
(Inc 2).
Air Force Ellsworth Air Force B-21 Field Training 47,000 47,000
Base Detachment Facility.
Air Force Ellsworth Air Force B-21 Mission Operations 36,000 36,000
Base Planning Facility.
Air Force Ellsworth Air Force B-21 Washrack & 65,000 65,000
Base Maintenance Hangar.
Air Force Ellsworth Air Force B-21 ADAL Flight 24,000 24,000
Base Simulator.
Air Force Ellsworth Air Force B-21 Formal Training 70,000 70,000
Base Unit/AMU.
Spain
Air Force Moron Air Base EDI: Hot Cargo Pad...... 8,542 8,542
Tennessee
Air Force Arnold Air Force Base Add/Alter Test Cell 0 14,600
Delivery Bay.
Texas
Air Force Joint Base San Antonio BMT Recruit Dormitory 8 31,000 31,000
(Inc 3).
Air Force Joint Base San Antonio BMT Recruit Dormitory 7. 141,000 141,000
Air Force Joint Base San Antonio-- Child Development Center 0 29,000
Fort Sam Houston - Fsh.
Air Force Joint Base San Antonio-- Child Development Center 0 29,000
Lackland - Lackland.
Air Force Sheppard Air Force Base Child Development Center 20,000 20,000
United Kingdom
Air Force Royal Air Force EDI: Construct DABS-FEV 94,000 24,000
Fairford Storage.
Air Force Royal Air Force Cost to Complete--F-35 0 4,400
Lakenheath ADAL Conventional
Munitions MX.
Air Force Royal Air Force F-35a Child Development 0 24,000
Lakenheath Center.
Air Force Royal Air Force F-35A Weapons Load 49,000 49,000
Lakenheath Training Facility.
Air Force Royal Air Force F-35A Munition 31,000 31,000
Lakenheath Inspection Facility.
Utah
Air Force Hill Air Force Base GBSD Organic Software 31,000 31,000
Sustainment Center (Inc
2).
Virginia
Air Force Joint Base Langley Fuel System Maintenance 0 24,000
Eustis Dock.
Worldwide Unspecified
Air Force Various Worldwide EDI: Planning & Design.. 648 648
Locations
Air Force Various Worldwide PDI: Planning & Design.. 27,200 27,200
Locations
Air Force Various Worldwide Planning & Design....... 201,453 201,453
Locations
Air Force Various Worldwide Unspecified Minor 58,884 58,884
Locations Military Construction.
Air Force Worldwide Various Lab Planning & Design 0 120,000
Locations Unfunded Requirement.
Air Force Worldwide Various Secure Integration 0 8,800
Locations Support Lab W/Land
Acquisition P&D (Air
Force Maui Optical and
Supercomputing Site).
.........................
SUBTOTAL AIR FORCE 2,102,690 2,332,940
.......................
DEFENSE-WIDE
Alabama
Defense-Wide Fort Rucker 10 MW RICE Generator 0 24,000
Plant and Microgrid
Controls.
Defense-Wide Redstone Arsenal Msic Advanced Analysis 0 25,000
Facility Phase 1 (Inc).
Belgium
Defense-Wide Chievres Air Base Europe West District 15,000 15,000
Superintendent's Office.
California
Defense-Wide Camp Pendleton Veterinary Treatment 13,600 13,600
Facility Replacement.
Defense-Wide Marine Corps Air Additional LFG Power 0 4,054
Station Miramar Meter Station.
Defense-Wide Naval Air Weapons Solar Energy Storage 0 9,120
Station China Lake / System.
Ridgecrest
Defense-Wide Silver Strand Training SOF NSWG11 Operations 12,000 12,000
Complex Support Facility.
Defense-Wide Silver Strand Training SOF ATC Operations 21,700 21,700
Complex Support Facility.
Colorado
Defense-Wide Buckley Air Force Base JCC Expansion........... 20,000 20,000
District of Columbia
Defense-Wide Joint Base Anacostia DIA HQ Cooling Towers 0 2,257
Bolling and Cond Pumps.
Defense-Wide Joint Base Anacostia PV Carports............. 0 29,004
Bolling
Florida
Defense-Wide MacDill Air Force Base Transmission and 0 22,000
Switching Stations.
Georgia
Defense-Wide Fort Benning 4.8mw Generation and 0 17,593
Microgrid.
Defense-Wide Fort Benning SOF Battalion 62,000 62,000
Headquarters Facility.
Defense-Wide Fort Stewart 10 MW Generation Plant, 0 22,000
With Microgrid Controls.
Defense-Wide Naval Submarine Base Electrical Transmission 0 19,314
Kings Bay and Distribution.
Germany
Defense-Wide Ramstein Air Base Ramstein Middle School.. 93,000 13,000
Guam
Defense-Wide Polaris Point Submarine Inner Apra Harbor 0 38,300
Base Resiliency Upgrades
(Phase I).
Hawaii
Defense-Wide Joint Base Pearl Harbor- Veterinary Treatment 29,800 29,800
Hickam Facility Replacement.
Idaho
Defense-Wide Mountain Home Air Force Water Treatment Plant 0 33,800
Base and Pump Station.
Japan
Defense-Wide Kadena Air Base Truck Unload Facilities. 22,300 22,300
Defense-Wide Kadena Air Base Operations Support 24,000 24,000
Facility.
Defense-Wide Marine Corps Air Base Fuel Pier............... 57,700 57,700
Iwakuni
Defense-Wide Misawa Air Base Additive Injection Pump 6,000 6,000
and Storage System.
Defense-Wide Naval Air Facility Smart Grid for Utility 0 3,810
Atsugi and Facility Controls.
Defense-Wide Yokota Air Base Hangar/AMU.............. 108,253 30,253
Kuwait
Defense-Wide Camp Arifjan Microgrid Controller, 0 15,000
1.25 MW Solar PV, and
1.5 MWH Battery.
[[Page S8698]]
Maryland
Defense-Wide Bethesda Naval Hospital MEDCEN Addition / 153,233 153,233
Alteration (Inc 5).
Defense-Wide Fort Meade SOF Operations Facility. 100,000 75,000
Defense-Wide Fort Meade NSAW Recap Building 4 104,100 104,100
(Inc 1).
Defense-Wide Fort Meade NSAW Mission OPS and 94,000 94,000
Records Center (Inc 1).
Michigan
Defense-Wide Camp Grayling 650 KW Gas-Fired Micro- 0 5,700
Turbine Generation
System.
Mississippi
Defense-Wide Camp Shelby 10 MW Generation Plant 0 34,500
and Feeder Level
Microgrid System.
Defense-Wide Camp Shelby Electrical Distribution 0 11,155
Infrastructure
Undergrounding
Hardening Project.
Missouri
Defense-Wide Fort Leonard Wood Hospital Replacement 160,000 160,000
(Inc 4).
New Mexico
Defense-Wide Kirtland Air Force Base Environmental Health 8,600 8,600
Facility Replacement.
New York
Defense-Wide Fort Drum Well Field Expansion 0 25,300
Project.
North Carolina
Defense-Wide Fort Bragg 10 MW Microgrid 0 19,464
Utilizing Existing and
New Generators.
Defense-Wide Fort Bragg Emergency Water System.. 0 7,705
North Dakota
Defense-Wide Cavalier Air Force Pcars Emergency Power 0 24,150
Station Plant Fuel Storage.
Ohio
Defense-Wide Springfield-Beckley Base-Wide Microgrid With 0 4,700
Municipal Airport Natural Gas Generator,
Photovoltaic and
Battery Storage.
Puerto Rico
Defense-Wide Aguadilla Microgrid Control 0 10,120
System, 460 KW PV, 275
KW Generator, 660 Kwh
Bess.
Defense-Wide Fort Allen Microgrid Control 0 12,190
System, 690 KW PV, 275
KW Gen, 570 Kwh Bess.
Defense-Wide Punta Borinquen Ramey Unit School 84,000 84,000
Replacement.
Tennessee
Defense-Wide Memphis International PV Arrays and Battery 0 4,780
Airport Storage.
Texas
Defense-Wide Joint Base San Antonio Ambulatory Care Center 35,000 35,000
Phase 4.
United Kingdom
Defense-Wide Menwith Hill Station Rafmh Main Gate 20,000 20,000
Rehabilitation.
Defense-Wide Royal Air Force Hospital Replacement- 19,283 19,283
Lakenheath Temporary Facilities.
Virginia
Defense-Wide Fort Belvoir Veterinary Treatment 29,800 29,800
Facility Replacement.
Defense-Wide Fort Belvoir, NGA Led Upgrade Package..... 0 365
Campus East
Defense-Wide Humphries Engineer SOF Battalion Operations 0 36,000
Center and Support Facility.
Activity
Defense-Wide National Geospatial- Electrical System 0 5,299
Intelligence Agency Redundancy.
Campus East
Defense-Wide Pentagon Consolidated Maintenance 20,000 20,000
Complex (RRMC).
Defense-Wide Pentagon Force Protection 8,608 8,608
Perimeter Enhancements.
Defense-Wide Pentagon Public Works Support 21,935 21,935
Facility.
Defense-Wide Pentagon, Mark Center, Recommissioning of Hvac 0 2,600
and Raven Rock Systems, Part B.
Mountain Complex
Washington
Defense-Wide Oak Harbor ACC / Dental Clinic..... 59,000 59,000
Worldwide Unspecified
Defense-Wide Unspecified Worldwide Unspecified Minor 8,000 8,000
Locations Military Construction.
Defense-Wide Unspecified Worldwide Planning & Design....... 13,317 13,317
Locations
Defense-Wide Unspecified Worldwide Planning & Design....... 11,000 11,000
Locations
Defense-Wide Unspecified Worldwide Unspecified Minor 4,435 4,435
Locations Military Construction.
Defense-Wide Unspecified Worldwide Unspecified Minor 21,746 21,746
Locations Military Construction.
Defense-Wide Unspecified Worldwide Energy Resilience and 246,600 0
Locations Conserv. Invest. Prog..
Defense-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Military Construction.
Defense-Wide Unspecified Worldwide Planning & Design....... 14,194 14,194
Locations
Defense-Wide Unspecified Worldwide ERCIP Design............ 40,150 40,150
Locations
Defense-Wide Unspecified Worldwide Unspecified Minor 12,000 12,000
Locations Military Construction.
Defense-Wide Unspecified Worldwide Planning & Design....... 83,840 83,840
Locations
Defense-Wide Unspecified Worldwide Exercise Related Minor 5,615 5,615
Locations Construction.
Defense-Wide Unspecified Worldwide Planning & Design....... 2,000 2,000
Locations
Defense-Wide Unspecified Worldwide Planning & Design....... 5,275 5,275
Locations
Defense-Wide Various Worldwide Planning & Design....... 20,576 20,576
Locations
Defense-Wide Various Worldwide Planning & Design....... 20,862 20,862
Locations
Defense-Wide Various Worldwide Unspecified Minor 6,668 6,668
Locations Military Construction.
Defense-Wide Various Worldwide Planning & Design....... 35,099 35,099
Locations
.........................
SUBTOTAL DEFENSE-WIDE 1,957,289 1,996,969
.......................
ARMY NATIONAL GUARD
Alabama
Army National Guard Huntsville National Guard Readiness 0 17,000
Center.
Connecticut
Army National Guard Putnam National Guard Readiness 17,500 17,500
Center.
[[Page S8699]]
Georgia
Army National Guard Fort Benning Post-Initial Mil. 13,200 13,200
Training Unaccomp.
Housing.
Guam
Army National Guard Barrigada National Guard Readiness 34,000 34,000
Center Addition.
Idaho
Army National Guard Jerome National Guard Readiness 15,000 15,000
Center.
Illinois
Army National Guard Bloomington Armory National Guard Vehicle 15,000 15,000
Maintenance Shop.
Kansas
Army National Guard Topeka National Guard/Reserve 16,732 16,732
Center Building.
Louisiana
Army National Guard Lake Charles National Guard Readiness 18,500 18,500
Center.
Maine
Army National Guard Saco National Guard Vehicle 21,200 21,200
Maintenance Shop.
Mississippi
Army National Guard Camp Shelby Maneuver Area Training 0 15,500
Equipment Site.
Montana
Army National Guard Butte National Guard Readiness 16,000 16,000
Center.
Nebraska
Army National Guard Mead Training Site Collective Training 0 11,000
Unaccompanied Housing.
North Dakota
Army National Guard Dickinson National Guard Readiness 15,500 15,500
Center.
South Dakota
Army National Guard Sioux Falls National Guard Readiness 0 15,000
Center.
Texas
Army National Guard Camp Bullis Cost to Complete, 0 16,400
Vehicle Maintenance
Shop.
Vermont
Army National Guard Bennington National Guard Readiness 0 16,900
Center.
Virginia
Army National Guard Troutville National Guard Readiness 6,100 6,100
Center Addition.
Army National Guard Troutville Combined Support 6,900 6,900
Maintenance Shop
Addition.
Worldwide Unspecified
Army National Guard Unspecified Worldwide Unspecified Minor 39,471 39,471
Locations Military Construction.
Army National Guard Unspecified Worldwide Planning & Design....... 22,000 22,000
Locations
Army National Guard Worldwide Various Army Aviation Support 0 6,500
Locations Facility P&D (Sandston,
VA).
Army National Guard Worldwide Various Cost to Complete, 0 69,000
Locations Unspecified Minor
Construction.
Army National Guard Worldwide Various Family Housing Planning 0 15,000
Locations and Design.
.........................
SUBTOTAL ARMY NATIONAL GUARD 257,103 439,403
.......................
AIR NATIONAL GUARD
Alabama
Air National Guard Montgomery Regional Aircraft Maintenance 0 19,200
Airport Facility.
Air National Guard Sumpter Smith Air Security and Services 0 7,500
National Guard Base Training Facility.
Connecticut
Air National Guard Bradley International Composite ASE/Vehicle MX 0 17,000
Airport Facility.
Delaware
Air National Guard New Castle County Replace Fuel Cell/ 0 17,500
Airport Corrosion Control
Hangar.
Idaho
Air National Guard Boise Air Terminal Medical Training 0 6,500
(Gowen Field) Facility.
Illinois
Air National Guard Abraham Lincoln Capital Base Civil Engineer 0 10,200
Airport Complex.
Massachusetts
Air National Guard Barnes Air National Combined Engine/ASE/NDI 12,200 12,200
Guard Base Shop.
[[Page S8700]]
Michigan
Air National Guard Alpena County Regional Aircraft Maintenance 23,000 23,000
Airport Hangar/Shops.
Air National Guard Selfridge Air National A-10 Maintenance Hangar 0 28,000
Guard Base and Shops.
Air National Guard W. K. Kellog Regional Construct Main Base 10,000 10,000
Airport Entrance.
Mississippi
Air National Guard Jackson International Fire Crash and Rescue 9,300 9,300
Airport Station.
New York
Air National Guard Francis S. Gabreski Base Civil Engineer 0 14,800
Airport Complex.
Air National Guard Schenectady Municipal C-130 Flight Simulator 10,800 10,800
Airport Facility.
Ohio
Air National Guard Camp Perry Red Horse Logistics 7,800 7,800
Complex.
South Carolina
Air National Guard Mcentire Joint National Hazardous Cargo Pad..... 0 9,000
Guard Base
Air National Guard Mcentire Joint National F-16 Mission Training 9,800 9,800
Guard Base Center.
South Dakota
Air National Guard Joe Foss Field F-16 Mission Training 9,800 9,800
Center.
Texas
Air National Guard Kelly Field Annex Aircraft Corrosion 0 9,500
Control.
Washington
Air National Guard Camp Murray Air Air Support Operations 0 27,000
National Guard Station Complex.
Wisconsin
Air National Guard Truax Field Medical Readiness 13,200 13,200
Facility.
Air National Guard Truax Field F-35 3-Bay Specialized 31,000 31,000
Hangar.
Worldwide Unspecified
Air National Guard Unspecified Worldwide Unspecified Minor 29,068 29,068
Locations Military Construction.
Air National Guard Various Worldwide Planning & Design....... 34,402 34,402
Locations
Wyoming
Air National Guard Cheyenne Regional Combined Vehicle 13,400 13,400
Airport Maintenance & ASE
Complex.
.........................
SUBTOTAL AIR NATIONAL GUARD 213,770 379,970
.......................
ARMY RESERVE
Michigan
Army Reserve Southfield Area Maintenance Support 12,000 12,000
Activity.
Ohio
Army Reserve Wright-Patterson Air AR Center Training 19,000 19,000
Force Base Building/ UHS.
Wisconsin
Army Reserve Fort McCoy Transient Training 0 29,200
Officer Barracks.
Army Reserve Fort McCoy Transient Training 12,200 12,200
Battalion Headquarters.
Wisonsin
Army Reserve Fort McCoy Transient Training 0 29,200
Enlisted Barracks.
Worldwide Unspecified
Army Reserve Unspecified Worldwide Planning & Design....... 7,167 7,167
Locations
Army Reserve Unspecified Worldwide Unspecified Minor 14,544 14,544
Locations Military Construction.
.........................
SUBTOTAL ARMY RESERVE 64,911 123,311
.......................
NAVY RESERVE
Michigan
Navy Reserve Navy Operational Reserve Center & Vehicle 49,090 49,090
Support Center Battle Maintenance Facility.
Creek
Minnesota
Navy Reserve Minneapolis Air Reserve Joint Reserve 14,350 14,350
Station Intelligence Center.
Worldwide Unspecified
Navy Reserve Unspecified Worldwide MCNR Unspecified Minor 2,359 2,359
Locations Construction.
Navy Reserve Unspecified Worldwide USMCR Planning and 4,748 4,748
Locations Design.
Navy Reserve Unspecified Worldwide MCNR Planning & Design.. 1,257 1,257
Locations
.........................
SUBTOTAL NAVY RESERVE 71,804 71,804
.......................
AIR FORCE RESERVE
California
Air Force Reserve Beale Air Force Base 940 ARW SQ OPS & AMU 0 33,000
Complex.
Florida
[[Page S8701]]
Air Force Reserve Homestead Air Reserve Corrosion Control 14,000 14,000
Base Facility.
Air Force Reserve Patrick Air Force Base Recovery Flight 18,500 18,500
Simulator.
Indiana
Air Force Reserve Grissom Air Reserve Logistics Readiness 0 29,000
Base Complex.
Minnesota
Air Force Reserve Minneapolis-St Paul Air Mission Support Group 14,000 14,000
Reserve Station Facility.
New York
Air Force Reserve Niagara Falls Air Main Gate............... 10,600 10,600
Reserve Station
Ohio
Air Force Reserve Youngstown Air Reserve Assault Runway.......... 0 8,700
Base
Worldwide Unspecified
Air Force Reserve Unspecified Worldwide Planning & Design....... 5,830 5,830
Locations
Air Force Reserve Unspecified Worldwide Unspecified Minor 15,444 15,444
Locations Military Construction.
Air Force Reserve Worldwide Various Planning and Design - Kc- 0 15,000
Locations 46 Mob 5.
.........................
SUBTOTAL AIR FORCE RESERVE 78,374 164,074
.......................
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
NATO Security Investment NATO Security NATO Security Investment 205,853 205,853
Program Investment Program Program.
.........................
SUBTOTAL NATO SECURITY INVESTMENT PROGRAM 205,853 205,853
.......................
TOTAL MILITARY CONSTRUCTION 8,154,838 11,006,418
.......................
FAMILY HOUSING
CONSTRUCTION, ARMY
Italy
Construction, Army Vicenza Family Housing New 92,304 92,304
Construction.
Worldwide Unspecified
Construction, Army Unspecified Worldwide Family Housing P&D...... 7,545 7,545
Locations
.........................
SUBTOTAL CONSTRUCTION, ARMY 99,849 99,849
.......................
O&M, ARMY
Worldwide Unspecified
O&M, Army Unspecified Worldwide Management.............. 42,850 42,850
Locations
O&M, Army Unspecified Worldwide Services................ 8,277 8,277
Locations
O&M, Army Unspecified Worldwide Furnishings............. 18,077 18,077
Locations
O&M, Army Unspecified Worldwide Miscellaneous........... 556 556
Locations
O&M, Army Unspecified Worldwide Maintenance............. 111,181 111,181
Locations
O&M, Army Unspecified Worldwide Utilities............... 43,772 43,772
Locations
O&M, Army Unspecified Worldwide Leasing................. 128,110 128,110
Locations
O&M, Army Unspecified Worldwide Housing Privatization 38,404 38,404
Locations Support.
.........................
SUBTOTAL O&M, ARMY 391,227 391,227
.......................
CONSTRUCTION, NAVY AND MARINE CORPS
Worldwide Unspecified
Construction, Navy and Unspecified Worldwide USMC DPRI/Guam Planning 2,098 2,098
Marine Corps Locations & Design.
Construction, Navy and Unspecified Worldwide Construction 71,884 71,884
Marine Corps Locations Improvements.
Construction, Navy and Unspecified Worldwide Planning & Design....... 3,634 3,634
Marine Corps Locations
.........................
SUBTOTAL CONSTRUCTION, NAVY AND MARINE CORPS 77,616 77,616
.......................
O&M, NAVY AND MARINE CORPS
Worldwide Unspecified
[[Page S8702]]
O&M, Navy and Marine Corps Unspecified Worldwide Utilities............... 56,271 56,271
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Furnishings............. 16,537 16,537
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Management.............. 54,083 54,083
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Miscellaneous........... 285 285
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Services................ 17,637 17,637
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Leasing................. 62,567 62,567
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Maintenance............. 95,417 95,417
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Housing Privatization 54,544 54,544
Locations Support.
.........................
SUBTOTAL O&M, NAVY AND MARINE CORPS 357,341 357,341
.......................
CONSTRUCTION, AIR FORCE
Georgia
Construction, Air Force Robins Air Force Base Robins 2 MHPI 6,000 6,000
Restructure.
Nebraska
Construction, Air Force Offutt Air Force Base Offutt MHPI Restructure. 50,000 50,000
Worldwide Unspecified
Construction, Air Force Unspecified Worldwide Construction 49,258 49,258
Locations Improvements.
Construction, Air Force Unspecified Worldwide Planning & Design....... 10,458 10,458
Locations
.........................
SUBTOTAL CONSTRUCTION, AIR FORCE 115,716 115,716
.......................
O&M, AIR FORCE
Worldwide Unspecified
O&M, Air Force Unspecified Worldwide Housing Privatization... 23,275 23,275
Locations
O&M, Air Force Unspecified Worldwide Utilities............... 43,668 43,668
Locations
O&M, Air Force Unspecified Worldwide Management.............. 70,062 70,062
Locations
O&M, Air Force Unspecified Worldwide Services................ 8,124 8,124
Locations
O&M, Air Force Unspecified Worldwide Furnishings............. 26,842 26,842
Locations
O&M, Air Force Unspecified Worldwide Miscellaneous........... 2,200 2,200
Locations
O&M, Air Force Unspecified Worldwide Leasing................. 9,520 9,520
Locations
O&M, Air Force Unspecified Worldwide Maintenance............. 141,754 141,754
Locations
.........................
SUBTOTAL O&M, AIR FORCE 325,445 325,445
.......................
O&M, DEFENSE-WIDE
Worldwide Unspecified
O&M, Defense-Wide Unspecified Worldwide Utilities............... 4,166 4,166
Locations
O&M, Defense-Wide Unspecified Worldwide Furnishings............. 83 83
Locations
O&M, Defense-Wide Unspecified Worldwide Utilities............... 14 14
Locations
O&M, Defense-Wide Unspecified Worldwide Leasing................. 13,387 13,387
Locations
O&M, Defense-Wide Unspecified Worldwide Maintenance............. 49 49
Locations
O&M, Defense-Wide Unspecified Worldwide Furnishings............. 656 656
Locations
O&M, Defense-Wide Unspecified Worldwide Leasing................. 31,430 31,430
Locations
.........................
SUBTOTAL O&M, DEFENSE-WIDE 49,785 49,785
.......................
[[Page S8703]]
IMPROVEMENT FUND
Worldwide Unspecified
Improvement Fund Unspecified Worldwide Administrative Expenses-- 6,081 6,081
Locations FHIF.
.........................
SUBTOTAL IMPROVEMENT FUND 6,081 6,081
.......................
UNACCMP HSG IMPROVEMENT FUND
Worldwide Unspecified
Unaccmp HSG Improvement Unspecified Worldwide Administrative Expenses-- 494 494
Fund Locations UHIF.
.........................
SUBTOTAL UNACCMP HSG IMPROVEMENT FUND 494 494
.......................
TOTAL FAMILY HOUSING 1,423,554 1,423,554
.......................
DEFENSE BASE REALIGNMENT AND CLOSURE
ARMY BRAC
Worldwide Unspecified
Army BRAC Base Realignment & Base Realignment & 65,301 65,301
Closure Closure.
.........................
SUBTOTAL ARMY BRAC 65,301 65,301
.......................
NAVY BRAC
Worldwide Unspecified
Navy BRAC Unspecified Worldwide Base Realignment & 111,155 111,155
Locations Closure.
.........................
SUBTOTAL NAVY BRAC 111,155 111,155
.......................
AIR FORCE BRAC
Worldwide Unspecified
Air Force BRAC Unspecified Worldwide DOD BRAC Activities--Air 104,216 104,216
Locations Force.
.........................
SUBTOTAL AIR FORCE BRAC 104,216 104,216
.......................
DOD BRAC
Worldwide Unspecified
DOD BRAC Unspecified Worldwide Int-4: DLA Activities... 3,967 3,967
Locations
.........................
SUBTOTAL DOD BRAC 3,967 3,967
.......................
TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 284,639 284,639
.......................
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 9,863,031 12,714,611
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2022 Senate
Program Request 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:
Federal Salaries and Expenses..... 464,000 464,000
Weapons activities................ 15,484,295 15,755,745
Defense nuclear nonproliferation.. 1,934,000 1,991,000
Naval reactors.................... 1,860,705 1,860,705
Total, National Nuclear Security 19,743,000 20,071,450
Administration.........................
Defense environmental cleanup....... 6,841,670 6,573,000
Other defense activities............ 1,170,000 920,000
Total, Atomic Energy Defense Activities. 27,754,670 27,564,450
Total, Discretionary Funding............ 27,904,470 27,714,250
[[Page S8704]]
Nuclear Energy
Safeguards and security................. 149,800 149,800
Total, Nuclear Energy................... 149,800 149,800
National Nuclear Security Administration
Federal Salaries and Expenses
Program direction....................... 464,000 464,000
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program.......... 771,664 771,664
W76-2 Modification program.......... 0 0
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 (formerly 691,031 691,031
IW1)...............................
W93................................. 72,000 72,000
Multi-Weapon Systems................ 1,180,483 1,180,483
Total, Stockpile major modernization.... 4,012,735 4,012,735
Weapons dismantlement and disposition. 51,000 51,000
Production operations................. 568,941 568,941
Total, Stockpile management............. 4,632,676 4,632,676
Production modernization
Primary capability modernization
Plutonium modernization
Los Alamos plutonium modernization
Los Alamos Plutonium Operations. 660,419 660,419
21-D-512, Plutonium Pit 350,000 350,000
Production Project, LANL.......
Subtotal, Los Alamos plutonium 1,010,419 1,010,419
modernization..........................
Savannah River plutonium modernization
Savannah River plutonium 128,000 128,000
operations.....................
21-D-511, Savannah River 475,000 475,000
Plutonium Processing Facility,
SRS............................
Subtotal, Savannah River plutonium 603,000 603,000
modernization..........................
Enterprise Plutonium Support...... 107,098 107,098
Total, Plutonium Modernization.......... 1,720,517 1,720,517
High Explosives & Energetics........ 68,785 68,785
Total, Primary capability modernization. 1,789,302 1,789,302
Secondary Capability Modernization.... 488,097 493,097
Cold hearth furnace for (5,000)
depleted uranium.............
Tritium and Domestic Uranium 489,017 489,017
Enrichment...........................
Non-Nuclear Capability Modernization.. 144,563 144,563
Total, Production modernization......... 2,910,979 2,915,979
Stockpile research, technology, and
engineering
Assessment science.................... 689,578 769,528
Reverse FY22 decrease........ (79,950)
Engineering and integrated assessments 336,766 337,766
Reverse FY22 decrease........ (1,000)
Inertial confinement fusion........... 529,000 599,000
Reverse FY22 decrease, fund (70,000)
operations and targets.......
Advanced simulation and computing..... 747,012 747,012
Weapon technology and manufacturing 292,630 301,130
maturation...........................
Reverse FY22 decrease........ (8,500)
Academic programs..................... 85,645 91,945
Reverse FY22 decrease........ (6,300)
Total, Stockpile research, technology, 2,680,631 2,846,381
and engineering........................
Infrastructure and operations
Operating
Operations of facilities............ 1,014,000 1,014,000
Safety and Environmental Operations. 165,354 165,354
Maintenance and Repair of Facilities 670,000 670,000
Recapitalization
Infrastructure and Safety......... 508,664 574,664
Reverse FY22 decrease........ (66,000)
Capabilities Based Investments.... 143,066 149,166
Reverse FY22 decrease........ (6,100)
Planning for Programmatic 0 10,000
Construction (Pre-CD-1)..........
Reverse FY22 decrease........ (10,000)
Subtotal, Recapitalization.............. 651,730 733,830
Total, Operating........................ 2,501,084 2,583,184
I&O: Construction
Programmatic
22-D-513 Power Sources 13,827 13,827
Capability, SNL..................
21-D-510, HE Synthesis, 44,500 44,500
Formulation, and Production
Facility, PX.....................
18-D-690, Lithium Processing 171,902 171,902
Facility, Y-12...................
[[Page S8705]]
18-D-650, Tritium Finishing 27,000 27,000
Facility, SRS....................
18-D-620, Exascale Computing 0 0
Facility Modernization Project,
LLNL.............................
17-D-640, U1a Complex Enhancements 135,000 135,000
Project, NNSS....................
15-D-302, TA-55 Reinvestment 27,000 27,000
Project--Phase 3, LANL...........
15-D-301, HE Science & Engineering 0 0
Facility, PX.....................
07-D-220-04, Transuranic Liquid 0 0
Waste Facility, LANL.............
06-D-141, Uranium Processing 524,000 524,000
Facility, Y-12...................
04-D-125, Chemistry and Metallurgy 138,123 138,123
Research Replacement Project,
LANL.............................
Total, Programmatic..................... 1,081,352 1,081,352
Mission enabling
22-D-514 Digital Infrastructure 8,000 8,000
Capability Expansion.............
Total, Mission enabling................. 8,000 8,000
Total, I&O construction................. 1,089,352 1,089,352
Total, Infrastructure and operations.... 3,590,436 3,672,536
Secure transportation asset
Operations and equipment.............. 213,704 225,704
Reverse FY22 decrease........ (12,000)
Program direction..................... 123,060 129,660
Reverse FY22 decrease........ (6,600)
Total, Secure transportation asset...... 336,764 355,364
Defense nuclear security
Operations and maintenance............ 824,623 824,623
Security improvements program......... 0 0
Construction:
17-D-710, West end protected area 23,000 23,000
reduction project, Y-12............
Subtotal, construction.................. 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 15,755,745
Adjustments
Use of prior year balances............ 0 0
Total, Adjustments...................... 0 0
Total, Weapons Activities............... 15,484,295 15,755,745
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Material management and minimization
Conversion (formerly HEU Reactor 100,660 100,660
Conversion)........................
Nuclear material removal............ 42,100 42,100
Material disposition................ 200,186 200,186
Laboratory and partnership support.. 0 10,000
Additional isotope production.. (10,000)
Total, Material management & 342,946 352,946
minimization...........................
Global material security
International nuclear security...... 79,939 79,939
Domestic radiological security...... 158,002 185,002
Reverse FY22 decrease.......... (27,000)
International radiological security. 85,000 85,000
Nuclear smuggling detection and 175,000 185,000
deterrence.........................
Additional border screening.... (10,000)
Total, Global material security......... 497,941 534,941
Nonproliferation and arms control..... 184,795 184,795
National Technical Nuclear Forensics 45,000 45,000
R&D..................................
Defense nuclear nonproliferation R&D
Proliferation detection............. 269,407 269,407
Nonproliferation Stewardship 87,329 87,329
program..........................
Nuclear detonation detection........ 271,000 271,000
Nonproliferation fuels development.. 0 0
Total, Defense Nuclear Nonproliferation 627,736 627,736
R&D....................................
Nonproliferation construction
U.S. Construction:
18-D-150 Surplus Plutonium 156,000 156,000
Disposition Project..............
99-D-143, Mixed Oxide (MOX) Fuel 0 0
Fabrication Facility, SRS........
Total, U.S. Construction:............... 156,000 156,000
Total, Nonproliferation construction.... 156,000 156,000
Total, Defense Nuclear Nonproliferation 1,854,418 1,901,418
Programs...............................
Legacy contractor pensions.............. 38,800 38,800
Nuclear counterterrorism and incident
response program
Emergency Operations.................. 14,597 24,597
Reverse FY22 decrease........ (10,000)
Counterterrorism and 356,185 356,185
Counterproliferation.................
Total, Nuclear counterterrorism and 370,782 380,782
incident response program..............
[[Page S8706]]
Subtotal, Defense Nuclear 2,264,000 2,321,000
Nonproliferation.......................
Adjustments
Use of prior year balances............ 0 0
Rescission of prior year MOX funding.. -330,000 -330,000
Total, Adjustments...................... -330,000 -330,000
Total, Defense Nuclear Nonproliferation. 1,934,000 1,991,000
Naval Reactors
Naval reactors development.............. 635,684 635,684
Columbia-Class reactor systems 55,000 55,000
development............................
S8G Prototype refueling................. 126,000 126,000
Naval reactors operations and 599,017 599,017
infrastructure.........................
Program direction....................... 55,579 55,579
Construction:
22-D-532 Security Upgrades KL......... 5,100 5,100
22-D-531 KL Chemistry & Radiological 41,620 41,620
Health Building......................
21-D-530 KL Steam and Condensate 0 0
Upgrades.............................
14-D-901, Spent Fuel Handling 348,705 348,705
Recapitalization Project, NRF........
Total, Construction..................... 395,425 395,425
Rescission of Prior Year unobligated -6,000 -6,000
balances...............................
Total, Naval Reactors................... 1,860,705 1,860,705
TOTAL, National Nuclear Security 19,743,000 20,071,450
Administration.........................
Defense Environmental Cleanup
Closure sites administration.......... 3,987 3,987
Richland:
River corridor and other cleanup 196,000 233,000
operations...........................
Reverse FY22 decrease........ (37,000)
Central plateau remediation........... 689,776 689,776
Richland community and regulatory 5,121 5,121
support..............................
18-D-404 Modification of Waste 8,000 8,000
Encapsulation and Storage Facility...
22-D-401 L-888, 400 Area Fire Station. 15,200 15,200
22-D-402 L-897, 200 Area Water 12,800 12,800
Treatment Facility...................
Total, Richland......................... 926,897 963,897
Office of River Protection:
Waste Treatment Immobilization Plant 50,000 50,000
Commissioning........................
Rad liquid tank waste stabilization 817,642 837,642
and disposition......................
Additional tank stabilization (20,000)
Construction:
18-D-16 Waste treatment and 586,000 586,000
immobilization plant--LBL/Direct
feed LAW.........................
01-D-16 D, High-level waste 60,000 60,000
facility.........................
01-D-16 E, 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 1,560,642
Idaho National Laboratory:
Idaho cleanup and waste disposition... 358,925 358,925
Idaho community and regulatory support 2,658 2,658
Construction:
22-D-403 Idaho Spent Nuclear Fuel 3,000 3,000
Staging Facility.................
22-D-404 Addl ICDF Landfill 5,000 5,000
Disposal Cell and Evaporation
Ponds Project....................
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 45,000
Accelerate cleanup........... (10,000)
Separations Processing Research Unit.. 15,000 15,000
Nevada Test Site...................... 60,737 60,737
Sandia National Laboratory............ 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.. 450,619 460,619
Oak Ridge Reservation:
OR Nuclear facility D&D............... 274,923 324,923
Accelerate cleanup........... (50,000)
U233 Disposition Program.............. 55,000 55,000
OR cleanup and waste disposition...... 73,725 73,725
Construction:
17-D-401 On-site waste disposal 12,500 12,500
facility...........................
14-D-403 Outfall 200 Mercury 0 0
Treatment Facility.................
Subtotal, Construction:................. 12,500 12,500
OR community & regulatory support..... 5,096 5,096
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 424,244 474,244
[[Page S8707]]
Savannah River Site:
Savannah River risk management 461,723 486,023
operations...........................
H-canyon operations.......... (24,300)
SR legacy pensions.................... 130,882 130,882
SR community and regulatory support... 5,805 11,505
Reverse FY22 decrease........ (5,700)
Radioactive liquid tank waste:
Construction:
20-D-402 Advanced Manufacturing 0 0
Collaborative Facility (AMC).......
20-D-401 Saltstone Disposal Unit 19,500 19,500
#10, 11, 12........................
19-D-701 SR Security systems 5,000 5,000
replacement........................
18-D-402 Saltstone disposal unit #8/ 68,000 68,000
9..................................
17-D-402 Saltstone Disposal Unit #7. 0 0
05-D-405 Salt waste processing 0 0
facility, SRS......................
Total, Construction, Radioactive liquid 92,500 92,500
tank waste.............................
Radioactive liquid tank waste 890,865 890,865
stabilization........................
Total, Savannah River Site.............. 1,581,775 1,611,775
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 350,424 350,424
Construction:
15-D-411 Safety significant 55,000 55,000
confinement ventilation system,
WIPP...............................
15-D-412 Exhaust shaft, WIPP........ 25,000 25,000
21-D-401 Hoisting Capability Project 0 0
Total, Construction..................... 80,000 80,000
Total, Waste Isolation Pilot Plant...... 430,424 430,424
Program direction--Defense Environmental 293,106 293,106
Cleanup................................
Program support--Defense Environmental 62,979 62,979
Cleanup................................
Safeguards and Security--Defense 316,744 316,744
Environmental Cleanup..................
Technology development and deployment... 25,000 25,000
Federal contribution to the Uranium 415,670 0
Enrichment D&D Fund....................
Reverse contribution to Fund (-415,670)
from EM budget.................
Use of prior year balances.............. 0 0
Subtotal, Defense environmental cleanup. 6,841,670 6,573,000
Rescission:
Rescission of prior year balances..... 0 0
TOTAL, Defense Environmental Cleanup.... 6,841,670 6,573,000
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 130,809 130,809
security mission support.............
Program direction..................... 75,511 75,511
Total, Environment, health, safety and 206,320 206,320
security...............................
Independent enterprise assessments
Enterprise assessments................ 27,335 27,335
Program direction--Office of 56,049 56,049
Enterprise Assessments...............
Total, Office of Enterprise Assessments. 83,384 83,384
Specialized security activities......... 283,500 283,500
Office of Legacy Management
Legacy management activities--defense. 408,797 158,797
Reduction for work performed (-250,000)
by Army Corps of Engineers...
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
Use of prior year balances.............. 0 0
Total, Other Defense Activities......... 1,170,000 920,000
------------------------------------------------------------------------
DIVISION E--ADDITIONAL PROVISIONS
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 5201. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON
EMERGING TECHNOLOGY AND NATIONAL SECURITY
THREATS.
Section 236 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), is amended--
(1) in subsection (a), by striking ``may'' and inserting
``and the Director of National Intelligence may jointly'';
(2) in subsection (b), by--
(A) by striking paragraphs (3) through (8); and
(B) by inserting after paragraph (2) the following:
``(3) The Principal Deputy Director of National
Intelligence.
``(4) Such other officials of the Department of Defense and
intelligence community as the Secretary of Defense and the
Director of National Intelligence jointly determine
appropriate.'';
(3) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(4) by inserting after subsection (b) the following:
``(c) Leadership.--The Steering Committee shall be chaired
by the Deputy Secretary of Defense, the Vice Chairman of the
[[Page S8708]]
Joint Chiefs of Staff, and the Principal Deputy Director of
National Intelligence jointly.'';
(5) in subsection (d), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a strategy'' and inserting
``strategies'';
(ii) by inserting ``and intelligence community'' after
``United States military''; and
(iii) by inserting ``and National Intelligence Strategy,
and consistent with the National Security Strategy'' after
``National Defense Strategy'';
(B) inserting in paragraph (3)--
(i) in the matter before subparagraph (A), by inserting
``and the Director of National Intelligence'' after ``the
Secretary of Defense'';
(ii) in subparagraph (A), by striking ``strategy'' and
inserting ``strategies'';
(iii) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(iv) by redesignating subparagraph (E) as subparagraph (F);
and
(v) by inserting after subparagraph (D) the following:
``(E) any changes to the guidance for developing the
National Intelligence Program budget required by section
102A(c)(1)(A) of the National Security Act of 1947 (50 U.S.C.
3024(c)(1)(A)), that may be required to implement the
strategies under paragraph (1); and''; and
(vi) in subparagraph (F), as redesignated by clause (iv),
by inserting ``and the intelligence community'' after
``Department of Defense''; and
(C) in paragraph (4), by inserting ``and Director of
National Intelligence, jointly'' after ``Secretary of
Defense'';
(6) by amending subsection (e), as redesignated by
paragraph (3), to read as follows:
``(e) Definitions.--In this section:
``(1) The term `emerging technology' means technology
determined to be in an emerging phase of development by the
Secretary, including quantum information science and
technology, data analytics, artificial intelligence,
autonomous technology, advanced materials, software, high
performance computing, robotics, directed energy,
hypersonics, biotechnology, medical technologies, and such
other technology as may be identified by the Secretary.
``(2) The term `intelligence community' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''; and
(7) in subsection (f), as redesignated by paragraph (3), by
striking ``October 1, 2024'' and inserting ``October 1,
2025''.
SEC. 5202. BRIEFING ON ADDITIVE MANUFACTURING CAPABILITIES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Army Combat
Capabilities Development Command shall brief the
congressional defense committees on--
(1) current research and development activities to leverage
robotics, autonomy, and artificial intelligence to enhance
additive manufacturing capabilities in forward-deployed,
expeditionary bases; and
(2) courses of action being considered to successfully
transition additive manufacturing capabilities into sustained
operational capabilities.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) A summary of research advances and innovations in
expeditionary manufacturing enabled by past investments
combining artificial intelligence and additive manufacturing.
(2) A summary of plans and ongoing activities to engage
with operational programs and programs of record to ensure
that such advances and innovations can be successfully
transitioned and supported to maximize mission readiness and
force resiliency.
(3) An assessment of the feasibility of initiating pilot
programs between institutions of higher education, the
defense industrial base, and the Army Combat Capabilities
Development Command related to experimentation and
demonstrations of expeditionary manufacturing techniques.
SEC. 5203. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.
(a) Increase.--Funds authorized to be appropriated in
Research, Development, Test, and Evaluation, Defense-wide, PE
0601228D8Z, section 4201, for Basic Research, Historically
Black Colleges and Universities/Minority Institutions, Line
7, are hereby increased by $20,000,000.
(b) Offset.--Funding in section 4301 for Operation and
Maintenance, Afghanistan Security Forces Fund, Afghan Air
Force, Line 090, is hereby reduced by $20,000,000.
SEC. 5204. ADDITIONAL FUNDING FOR UNDERSEA WARFARE APPLIED
RESEARCH.
(a) Additional Funding.--The amount authorized to be
appropriated for fiscal year 2022 by section 201 for
research, development, test, and evaluation is hereby
increased by $11,000,000, with the amount of the increase to
be available for Undersea Warfare Applied Research (PE
0602747N).
(b) Offset.--The amount authorized to be appropriated for
fiscal year 2022 by section 101 for procurement for the Army,
the Navy and the Marine Corps, the Air Force and the Space
Force, and Defense-wide activities is hereby decreased by
$11,000,000, with the amount of the decrease to be derived
from amounts available for Shipbuilding and Conversion, Navy
Fleet Ballistic Missile Ships, Line 19, LHA Replacement.
TITLE LIII--OPERATION AND MAINTENANCE
SEC. 5301. IMPROVED OVERSIGHT FOR IMPLEMENTATION OF SHIPYARD
INFRASTRUCTURE OPTIMIZATION PROGRAM OF THE
NAVY.
(a) Updated Plan.--
(1) In general.--Not later than September 30, 2022, the
Secretary of the Navy shall submit to the congressional
defense committees an update to the plan of the Secretary for
implementation of the Shipyard Infrastructure Optimization
Program of the Department of the Navy, with the objective of
providing increased transparency for the actual costs and
schedules associated with infrastructure optimization
activities for shipyards covered by such program.
(2) Updated cost estimates.--The updated plan required
under paragraph (1) shall include updated cost estimates
comprising the most recent costs of capital improvement
projects for each of the four public shipyards covered by the
Shipyard Infrastructure Optimization Program.
(b) Briefing Requirement.--
(1) In general.--Before the start of physical construction
with respect to a covered project, the Secretary of the Navy
or a designee of the Secretary shall brief each of the
congressional defense committees on such project, regardless
of the source of funding for such project.
(2) Written information.--Before conducting a briefing
under paragraph (1) with respect to a covered project, the
Secretary of the Navy or a designee of the Secretary shall
submit to the congressional defense committees in writing the
following information:
(A) An updated cost estimate for such project that--
(i) meets the standards of the Association for the
Advancement of Cost Engineering for a Level 1 or Level 2 cost
estimate; or
(ii) is an independent cost estimate.
(B) A schedule for such project that is comprehensive,
well-constructed, credible, and controlled pursuant to the
Schedule Assessment Guide: Best Practices for Project
Schedules (GAO-16-89G) set forth by the Comptroller General
of the United States in December 2015, or successor guide.
(C) An estimate of the likelihood that programmed and
planned funds for such project will be sufficient for the
completion of the project.
(3) Covered project defined.--In this subsection, the term
``covered project'' means a shipyard project under the
Shipyard Infrastructure Optimization Program--
(A) with a contract awarded on or after October 1, 2024;
and
(B) valued at $250,000,000 or more.
(c) Annual Report.--
(1) In general.--Not later than December 31, 2022, and not
later than December 31 of each year thereafter, the Commander
of the Naval Sea Systems Command, in coordination with the
Program Manager Ships 555, shall submit to the congressional
defense committees a report detailing the use by the
Department of the Navy of funding for all efforts associated
with the Shipyard Infrastructure Optimization Program,
including the use of amounts made available by law to support
the projects identified in the plan to implement such
program, including any update to such plan under subsection
(a).
(2) Elements.--Each report required by paragraph (1) shall
include updated cost and schedule estimates--
(A) for the plan to implement the Shipyard Optimization
Program, including any update to such plan under subsection
(a); and
(B) for each dry dock, major facility, and infrastructure
project valued at $250,000,000 or more under such program.
(d) Comptroller General Report.--
(1) Report.--
(A) In general.--Not later than May 1, 2023, the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the progress of the Secretary of
the Navy in implementing the Shipyard Infrastructure
Optimization Program, including--
(i) the progress of the Secretary in completing the first
annual report required under such program; and
(ii) the cost and schedule estimates for full
implementation of such program.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) An assessment of the extent to which the cost estimate
for the updated optimization plan for the Shipyard
Infrastructure Optimization Program is consistent with
leading practices for cost estimation.
(ii) An assessment of the extent to which the project
schedule for such program is comprehensive, well-constructed,
credible, and controlled.
(iii) An assessment of whether programmed and planned funds
for a project under such program will be sufficient for the
completion of the project.
(iv) Such other related matters as the Comptroller General
considers appropriate.
(2) Initial briefing.--Not later than April 1, 2023, the
Comptroller General shall brief the Committees on Armed
Services of the Senate and the House of Representatives on
the preliminary findings of the report under paragraph (1).
SEC. 5302. TREATMENT BY DEPARTMENT OF DEFENSE OF
PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL
SUBSTANCES.
Section 2714(e)(2) of title 10, United States Code, as
added by section 351(a)(6) of this Act, is hereby deemed to
read as follows:
[[Page S8709]]
``(2) Finding and funding the procurement of an effective
substitute firefighting solution without perfluoroalkyl
substances or polyfluoroalkyl substances.''.
SEC. 5303. REPORT ON PROGRESS OF AIR FORCE REGARDING
CONTAMINATED REAL PROPERTY.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) certain property on or near Air Force facilities
located in the United States are contaminated with harmful
perfluorooctanoic acid and perfluorooctane sulfonate
chemicals;
(2) perfluorooctanoic acid and perfluorooctane sulfonate
contamination threatens the jobs, lives, and livelihoods of
citizens and livestock who live in contaminated areas;
(3) property owners, especially those facing severe
financial hardship, cannot wait any longer for the Air Force
to acquire contaminated property; and
(4) the Secretary of the Air Force should, in an
expeditious manner, use the authority under section 344 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 2701 note) to acquire
contaminated property, remediate or dispose of it pursuant to
Federal and State environmental laws, and provide relocation
assistance.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Air Force
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
progress of the Air Force in carrying out section 344 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 2701 note).
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a detailed description of any real property
contaminated by perfluorooctanoic acid and perfluorooctane
sulfonate by activities of the Air Force;
(B) a description of any progress made by the Secretary of
the Air Force to acquire and remediate or dispose of property
pursuant to Federal and State environmental laws or provide
relocation assistance pursuant to section 344 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 10 U.S.C. 2701 note); and
(C) if the Secretary of the Air Force has not acquired and
remediated or disposed of property pursuant to Federal and
State environmental laws or provided relocation assistance
pursuant to such section, an explanation of why not.
TITLE LV--MILITARY PERSONNEL POLICY
SEC. 5501. CONCURRENT USE OF DEPARTMENT OF DEFENSE TUITION
ASSISTANCE AND MONTGOMERY GI BILL-SELECTED
RESERVE BENEFITS.
(a) In General.--Section 16131 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(k)(1) In the case of an individual entitled to
educational assistance under this chapter who is pursuing
education or training described in subsection (a) or (c) of
section 2007 of this title on a half-time or more basis, the
Secretary concerned shall, at the election of the individual,
pay the individual educational assistance allowance under
this chapter for pursuit of such education or training as if
the individual were not also eligible to receive or in
receipt of educational assistance under section 2007 for
pursuit of such education or training.
``(2) Concurrent receipt of educational assistance under
section 2007 of this title and educational assistance under
this chapter shall not be considered a duplication of
benefits if the individual is enrolled in a program of
education on a half-time or more basis.''.
(b) Conforming Amendments.--Section 2007(d) of such title
is amended--
(1) in paragraph (1), by inserting ``or chapter 1606 of
this title'' after ``of title 38''; and
(2) in paragraph (2), by inserting ``, in the case of
educational assistance under chapter 30 of such title, and
section 16131(k), in the case of educational assistance under
chapter 1606 of this title'' before the period at the end.
SEC. 5502. STUDY ON EMPLOYMENT OF MILITARY SPOUSES.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a
study to identify employment barriers affecting military
spouses.
(2) Elements.--The study conducted under paragraph (1)
shall determine the following:
(A) The rate or prevalence of military spouses who are
currently employed and whether such military spouses have
children.
(B) The rate or prevalence of military spouses who are
underemployed.
(C) In connection with subparagraph (B), whether a military
spouse would have taken a different position of employment if
the military spouse were not impacted by the spouse who is a
member of the Armed Forces.
(D) The rate or prevalence of military spouses who, due to
military affiliation, have experienced discrimination by
civilian employers, including loss of employment, denial of a
promotion, and difficulty in being hired.
(E) Any other barriers of entry into the local workforce
for military spouses, including--
(i) state licensure requirements;
(ii) availability of childcare;
(iii) access to broadband;
(iv) job availability in military communities; and
(v) access to housing.
(b) Report.--Not later than 1 year after the date of the
enactment of this section, the Secretary of Defense shall
submit to the congressional defense committees a report
containing the results of the study conducted under this
section, including any policy recommendations to address
employment barriers identified by the study.
(c) Definitions.--In this section:
(1) Military spouse.--The term ``military spouse'' means
the spouse of a member of the Armed Forces serving on active
duty.
(2) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given
that term in section 101(a)(16) of title 10, United States
Code.
SEC. 5503. AUTHORIZATION TO AWARD MEDAL OF HONOR TO PRIVATE
FIRST CLASS CHARLES R. JOHNSON FOR ACTS OF
VALOR DURING THE KOREAN WAR.
(a) Waiver of Time Limitations.--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 award the Medal of Honor under
section 7271 of such title to Private First Class (PFC)
Charles R. Johnson for the acts of valor described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of PFC Charles R. Johnson
on June 11-12, 1953, as a member of the Army serving in Korea
during the Korean War.
SEC. 5504. REPORT ON STATUS OF ARMY TUITION ASSISTANCE
PROGRAM ARMY IGNITED PROGRAM.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report on
the status of the Army IgnitED program of the Army's Tuition
Assistance Program.
(b) Elements.--The report required under subsection (a)
shall describe--
(1) the estimated date when the Army IgnitED program will
be fully functional;
(2) the estimated date when service members will be
reimbursed for out of pocket expenses caused by processing
delays and errors under the Army IgnitED program; and
(3) the estimated date when institutions of higher
education will be fully reimbursed for all costs typically
provided through the Tuition Assistance Program but delayed
due to processing delays and errors under the Army IgnitED
program.
SEC. 5505. AUTHORITY TO VARY NUMBER OF SPACE FORCE OFFICERS
CONSIDERED FOR PROMOTION TO MAJOR GENERAL.
(a) In General.--Notwithstanding section 616(d) of title
10, United States Code, the number of officers recommended
for promotion by a selection board convened by the Secretary
of the Air Force under section 611(a) of title 10, United
States Code, to consider officers on the Space Force active
duty list for promotion to major general may not exceed the
number equal to 95 percent of the total number of brigadier
generals eligible for consideration by the board.
(b) Termination.--The authority provided under subsection
(a) shall terminate on December 31, 2022.
TITLE LVII--HEALTH CARE PROVISIONS
SEC. 5701. ASSIGNMENT OF MEDICAL AND DENTAL PERSONNEL OF THE
MILITARY DEPARTMENTS TO MILITARY MEDICAL
TREATMENT FACILITIES.
(a) In General.--The Secretaries of the military
departments shall ensure that the Surgeons General of the
Armed Forces carry out fully the requirements of section
712(b)(3) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 1073c note) by not later than September 30, 2022.
(b) Assignments to Military Medical Treatment Facilities.--
For purposes of carrying out fully the requirements of
section 712(b)(3) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, as required by
subsection (a), assignment of uniformed medical and dental
personnel to a military medical treatment facility pursuant
to such section may be accomplished by the assignment of such
personnel to an organizational unit of the military
department concerned under a service manpower document with
allocation against a manpower requirement on a Defense Health
Agency manpower document of a military medical treatment
facility with duty at the military medical treatment
facility.
(c) Additional Requirement for Walter Reed National
Military Medical Center.--
(1) Assignment of military personnel.--For fiscal years
2023 through 2027, except as provided in paragraph (2), the
Secretary of Defense shall ensure that the Secretaries of the
military departments assign to the Walter Reed National
Military Medical Center sufficient military personnel to meet
not less than 85 percent of the joint table of distribution
in effect for such facility on December 23, 2016.
(2) Exception.--Paragraph (1) shall not apply to any fiscal
year for which the Secretary of Defense certifies at the
beginning of such fiscal year to the Committees on Armed
Services of the Senate and the House of Representatives that
notwithstanding the failure to meet the requirement under
such
[[Page S8710]]
paragraph, the Walter Reed National Military Medical Center
is fully capable of carrying out all significant activities
as the premier medical center of the military health system.
(d) Reports.--
(1) In general.--Not later than September 30, 2022, each
Secretary of a military department shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the compliance of the military
department concerned with this section.
(2) Elements.--
(A) In general.--Each report required by paragraph (1)
shall include--
(i) an accounting of the number of uniformed personnel and
civilian personnel assigned to a military medical treatment
facility as of October 1, 2019; and
(ii) a comparable accounting as of September 30, 2022.
(B) Explanation.--If the number specified in clause (ii) of
subparagraph (A) is less than the number specified in clause
(i) of such subparagraph, the Secretary concerned shall
provide a full explanation for the reduction.
SEC. 5702. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS
OF THE ARMED FORCES SERVING ON ACTIVE DUTY.
(a) Study.--The Secretary of Defense shall conduct a study
on the incidence of breast cancer among members of the Armed
Forces serving on active duty.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) A determination of the number of members of the Armed
Forces who served on active duty at any time during the
period beginning on January 1, 2011, and ending on the date
of the enactment of this Act who were diagnosed with breast
cancer during such period.
(2) A determination of demographic information regarding
such members, including race, ethnicity, sex, age, military
occupational specialty, and rank.
(3) A comparison of the rates of members of the Armed
Forces serving on active duty who have breast cancer to
civilian populations with comparable demographic
characteristics.
(4) An identification of potential factors associated with
service in the Armed Forces that could increase the risk of
breast cancer for members of the Armed Forces serving on
active duty.
(5) An identification of overseas locations associated with
airborne hazards, such as burn pits, and members of the Armed
Forces diagnosed with breast cancer.
(6) An assessment of the effectiveness of outreach by the
Department of Defense to members of the Armed Forces to
identify risks of, prevent, detect, and treat breast cancer.
(7) An assessment of the feasibility and advisability of
changing the current mammography screening policy of the
Department to incorporate all members of the Armed Forces who
deployed overseas to an area associated with airborne
hazards, such as burn pits.
(8) An assessment of the feasibility and advisability of
conducting digital breast tomosynthesis at facilities of the
Department that provide mammography services.
(9) Such recommendations as the Secretary may have for
changes to policy or law that could improve the prevention,
early detection, awareness, and treatment of breast cancer
among members of the Armed Forces serving on active duty,
including any additional resources needed.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the findings and
recommendations of the study under subsection (a), including
a description of any further unique military research needed
with respect to breast cancer.
TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SEC. 5801. EXTENSION OF AUTHORITY FOR THE ENHANCED TRANSFER
OF TECHNOLOGY DEVELOPED AT DEPARTMENT OF
DEFENSE LABORATORIES.
Section 801(e) of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66), as amended by
section 818 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), is amended by striking
``2021'' and inserting ``2026''.
SEC. 5802. AIR FORCE STRATEGY FOR ACQUISITION OF COMBAT
RESCUE AIRCRAFT AND EQUIPMENT.
The Secretary of the Air Force shall submit to the
congressional defense committees a strategy for the
Department of the Air Force for the acquisition of combat
rescue aircraft and equipment that aligns with the stated
capability and capacity requirements of the Air Force to meet
the national defense strategy (required under section 113(g)
of title 10, United States Code), taking into account
regional strategies such as those relating to the Indo-
Pacific and Arctic regions.
SEC. 5803. UNFUNDED SMALL BUSINESS INNOVATION RESEARCH
PROJECTS.
(a) In General.--Not later than 10 days after the date on
which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105 of title 31,
United States Code, each Secretary of a military department
and the Under Secretary of Defense for Research and
Engineering shall submit to the Secretary of Defense, the
Chairman of the Joint Chiefs of Staff, and the congressional
defense committees a report on unfunded priorities of the
Department of Defense related to high priority Small Business
Innovation Research and Small Business Technology Transfer
projects.
(b) Elements.--
(1) In general.--Each report under subsection (a) shall
include identification of not more than five unfunded
priority projects, with information for each project covered
by such report, including the following information:
(A) A summary description of such priority, including the
objectives to be achieved if such priority were to be funded
(whether in whole or in part).
(B) The additional amount of funds recommended in
connection with the objectives identified under subparagraph
(A).
(C) Account information with respect to such priority,
including, as applicable, the following:
(i) Line item number, in the case of applicable procurement
accounts.
(ii) Program element number, in the case of applicable
research, development, test, and evaluation accounts.
(iii) Sub-activity group, in the case of applicable
operation and maintenance accounts.
(2) Priority order.--Each Secretary shall ensure that the
unfunded priorities covered by a report under subsection (a)
are listed in the order of urgency of priority, as determined
by the Under Secretary.
(c) Unfunded Priority Defined.--In this section, the term
``unfunded priority'', with respect to a fiscal year, means a
project related to a successful project funded under Phase
Two of the Small Business Innovation Research or Small
Business Technology Transfer program that--
(1) is not funded in the budget of the President for that
fiscal year, as submitted to Congress pursuant to section
1105 of title 31, United States Code;
(2) has the potential to--
(A) advance the national security capabilities of the
United States;
(B) provide new technologies or processes, or new
applications of existing technologies, that will enable new
alternatives to existing programs; and
(C) provide future cost savings; and
(3) would have been recommended for funding through the
budget referred to in paragraph (1) if--
(A) additional resources had been available for the budget
to fund the program, activity, or mission requirement; or
(B) the program, activity, or mission requirement had
emerged before the budget was formulated.
TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 5901. MODIFICATION OF POSITION OF PRINCIPAL CYBER
ADVISOR.
(a) Designation of Principal Cyber Advisor.--Paragraph (1)
of section 932(c) of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note)
is amended to read as follows:
``(1) Designation.--(A) The Secretary shall designate, from
among the personnel of the Office of the Under Secretary of
Defense for Policy, a Principal Cyber Advisor to act as the
principal advisor to the Secretary on military cyber forces
and activities.
``(B) The Secretary may only designate an official under
this paragraph if such official was appointed to the position
in which such official serves by and with the advice and
consent of the Senate.''.
(b) Designation of Deputy Principal Cyber Advisor.--Section
905(a)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 391 note) is
amended by striking ``Secretary of Defense'' and inserting
``Under Secretary of Defense for Policy''.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Deputy Secretary of Defense shall
brief the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
on such recommendations as the Deputy Secretary may have for
alternate reporting structures for the Principal Cyber
Advisor and the Deputy Principal Cyber Advisor within the
Office of the Secretary of Defense.
TITLE LX--GENERAL PROVISIONS
Subtitle A--Miscellaneous
SEC. 6001. REPORT ON MATERIAL READINESS OF VIRGINIA CLASS
SUBMARINES OF THE NAVY.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on
the material readiness of the Virginia class submarines.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the number of components and parts
that have required replacement prior to the end of their
estimated useful life or scheduled replacement timeline,
including efforts to increase the reliability of ``life of
ship'' components.
(2) An assessment of the extent to which part and material
shortages have impacted deployment and maintenance
availability schedules, including an estimate of the number
of active part cannibalizations or other actions taken to
mitigate those impacts.
(3) An identification of the planned lead time to obtain
key material for Virginia class submarines from shipbuilders
and vendors.
[[Page S8711]]
(4) An identification of the actual lead time to obtain
such material from shipbuilders and vendors.
(5) An identification of the cost increases of key
components and parts for new construction and maintenance
availabilities above planned material costs.
(6) An assessment of potential courses of action to improve
the material readiness of the Virginia class submarines,
including efforts to align new construction shipyards with
maintenance shipyards and Naval Sea Systems Command to
increase predictability of materials and purchasing power.
(7) Such recommendations as the Secretary may have for
legislative changes, authorities, realignments, and
administrative actions, including reforms of the Federal
Acquisition Regulation, to improve the material readiness of
the Virginia class submarines.
(8) Such other elements as the Secretary considers
appropriate.
SEC. 6002. CATAWBA INDIAN NATION LANDS.
(a) Application of Current Law.--
(1) Lands in south carolina.--Section 14 of the Catawba
Indian Tribe of South Carolina Claims Settlement Act of 1993
(Public Law 103-116) shall only apply to gaming conducted by
the Catawba Indian Nation on lands located in South Carolina.
(2) Lands in states other than south carolina.--Gaming
conducted by the Catawba Indian Nation on lands located in
States other than South Carolina shall be subject to the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and
sections 1166 through 1168 of title 18, United States Code.
(b) Reaffirmation of Status and Actions.--
(1) Ratification of trust status.--The action taken by the
Secretary on July 10, 2020, to place approximately 17 acres
of land located in Cleveland County, North Carolina, into
trust for the benefit of the Catawba Indian Nation is hereby
ratified and confirmed as if that action had been taken under
a Federal law specifically authorizing or directing that
action.
(2) Administration.--The land placed into trust for the
benefit of the Catawba Indian Nation by the Secretary on July
10, 2020, shall--
(A) be a part of the Catawba Reservation and administered
in accordance with the laws and regulations generally
applicable to land held in trust by the United States for an
Indian Tribe; and
(B) be deemed to have been acquired and taken into trust as
part of the restoration of lands for an Indian tribe that is
restored to Federal recognition pursuant to section
20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act (25
U.S.C. 2719(b)(1)(B)(iii)).
(3) Rules of construction.--Nothing in this section shall--
(A) enlarge, impair, or otherwise affect any right or claim
of the Catawba Indian Nation to any land or interest in land
in existence before the date of the enactment of this Act;
(B) affect any water right of the Catawba Indian Nation in
existence before the date of the enactment of this Act;
(C) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before
the date of the enactment of this Act; or
(D) alter or diminish the right of the Catawba Indian
Nation to seek to have additional land taken into trust by
the United States for the benefit of the Catawba Indian
Nation.
SEC. 6003. COMPTROLLER GENERAL ASSESSMENT OF QUALITY AND
NUTRITION OF FOOD AVAILABLE AT MILITARY
INSTALLATIONS FOR MEMBERS OF THE ARMED FORCES.
(a) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the quality and
nutrition of food available at military installations for
members of the Armed Forces.
(b) Elements.--The assessment required by subsection (a)
shall include the following:
(1) A description of the extent to which data is being
collected on the nutritional food options available at
military installations for members of the Armed Forces,
including the fat, sodium, and fiber content of hot line
foods.
(2) An assessment of the extent to which the Department of
Defense has evaluated whether the nutritional food options
described in paragraph (1) meet or exceed the daily nutrition
standards for adults set forth by the Department of
Agriculture.
(3) A description of how the Secretary integrates and
coordinates nutrition recommendations, policies, and
pertinent information through the Interagency Committee on
Human Nutrition Research.
(4) A description of how the Secretary gathers input on the
quality of food service options provided to members of the
Armed Forces.
(5) An assessment of how the Department of Defense tracks
the attitudes and perceptions of members of the Armed Forces
on the quality of food service operations at military
installations in terms of availability during irregular
hours, accessibility, portion, price, and quality.
(6) An assessment of access by members of the Armed Forces
to high-quality food options on military installations, such
as availability of food outside typical meal times or options
for members not located in close proximity to dining
facilities at a military installation.
(7) Such recommendations as the Comptroller General may
have to address any findings related to the quality and
availability of food options provided to members of the Armed
Forces by the Department of Defense.
(c) Briefing and Report.--
(1) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall
brief the Committees on Armed Services of the Senate and the
House of Representatives on the status of the assessment
conducted under subsection (a).
(2) Report.--Not later than one year after the briefing
under paragraph (1), the Comptroller General shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the assessment conducted under
subsection (a).
SEC. 6004. MODIFICATION OF DEPARTMENT OF DEFENSE THRESHOLD
FOR THE DISINTERMENT OF UNIDENTIFIED REMAINS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall amend section
4.1a.(1) of Department of Defense Instruction (DoDI) 1300.29,
dated June 28, 2021, or any successor regulation, to provide
that the threshold for disinterring commingled remains
interred as group remains unknown is individual
identification of 50 percent of the service members
associated with the group.
SEC. 6005. REPORT ON IMPACT OF OPERATION ALLIES WELCOME ON
THE NATIONAL GUARD.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on the impacts of the Afghan resettlement mission,
Operation Allies Welcome, on the National Guard. The report
shall assess--
(1) the impacts of the mission on readiness, training,
maintenance and equipment, and the ability of the National
Guard to support duties under title 10 and title 32, United
States Code;
(2) costs incurred by the National Guard in support of the
mission; and
(3) and any other matters the Secretary of Defense
considers appropriate.
SEC. 6006. NATIONAL CYBER EXERCISE PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following new section:
``SEC. 2220A. NATIONAL CYBER EXERCISE PROGRAM.
``(a) Establishment of Program.--
``(1) In general.--There is established in the Agency the
National Cyber Exercise Program (referred to in this section
as the `Exercise Program') to evaluate the National Cyber
Incident Response Plan, and other related plans and
strategies.
``(2) Requirements.--
``(A) In general.--The Exercise Program shall be--
``(i) based on current risk assessments, including credible
threats, vulnerabilities, and consequences;
``(ii) designed, to the extent practicable, to simulate the
partial or complete incapacitation of a government or
critical infrastructure network resulting from a cyber
incident;
``(iii) designed to provide for the systematic evaluation
of cyber readiness and enhance operational understanding of
the cyber incident response system and relevant information
sharing agreements; and
``(iv) designed to promptly develop after-action reports
and plans that can quickly incorporate lessons learned into
future operations.
``(B) Model exercise selection.--The Exercise Program
shall--
``(i) include a selection of model exercises that
government and private entities can readily adapt for use;
and
``(ii) aid such governments and private entities with the
design, implementation, and evaluation of exercises that--
``(I) conform to the requirements described in subparagraph
(A);
``(II) are consistent with any applicable national, State,
local, or Tribal strategy or plan; and
``(III) provide for systematic evaluation of readiness.
``(3) Consultation.--In carrying out the Exercise Program,
the Director may consult with appropriate representatives
from Sector Risk Management Agencies, the Office of the
National Cyber Director, cybersecurity research stakeholders,
and Sector Coordinating Councils.
``(b) Definitions.--In this section:
``(1) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the United States
Virgin Islands, Guam, American Samoa, and any other territory
or possession of the United States.
``(2) Private entity.--The term `private entity' has the
meaning given such term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).
``(c) Rule of Construction.--Nothing in this section shall
be construed to affect the authority or responsibilities of
the Administrator of the Federal Emergency Management Agency
pursuant to section 648 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748).''.
[[Page S8712]]
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2217 the
following:
``Sec. 2220A. National Cyber Exercise Program.''.
SEC. 6007. REPORT ON THE DEMILITARIZATION ABROAD OF
UNSERVICEABLE MUNITIONS LOCATED OUTSIDE THE
UNITED STATES.
(a) In General.--Not later than 180 days after the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth an assessment of the
feasibility and advisability of demilitarizing abroad
unserviceable munitions that are located outside the United
States in order to avoid the costs of transporting such
munitions to the United States for demilitarization.
(b) Considerations.--In preparing the evaluation required
for the report, the Secretary shall take into account the
following:
(1) The need for mitigation of adverse environmental
impacts, or impacts to the health and safety of local
populations, in the demilitarization of unserviceable
munitions.
(2) The availability and ease of use of munitions
demilitarization technologies and mechanisms abroad, whether
or not currently in use by the Army, including available non-
incineration technologies.
(3) Any costs savings achievable through demilitarization
of unserviceable munitions abroad.
(c) Technologies.--If the Secretary determines for purposes
of the report that the demilitarization abroad of
unserviceable munitions located outside the United States is
feasible and advisable, the report shall include a
description and assessment of various technologies and other
mechanisms that would be suitable for such demilitarization.
SEC. 6008. ELIGIBILITY OF CERTAIN INDIVIDUALS WHO SERVED WITH
SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN
LAOS FOR INTERMENT IN NATIONAL CEMETERIES.
(a) In General.--Section 2402(a)(10) of title 38, United
States Code, is amended--
(1) by striking the period at the end and inserting ``;
or''; and
(2) by adding at the end the following new subparagraph:
``(B) who--
``(i) the Secretary determines served honorably with a
special guerrilla unit or irregular forces operating from a
base in Laos in support of the Armed Forces at any time
during the period beginning on February 28, 1961, and ending
on May 7, 1975; and
``(ii) at the time of the individual's death--
``(I) was a citizen of the United States or an alien
lawfully admitted for permanent residence in the United
States; and
``(II) resided in the United States.''.
(b) Effective Date.--The amendments made by this section
shall have effect as if included in the enactment of section
251(a) of title II of the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018
(division J of Public Law 115-141; 132 Stat. 824).
SEC. 6009. REQUIREMENT TO POST A 100 WORD SUMMARY TO
REGULATIONS.GOV.
Section 553(b) of title 5, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (3) the following:
``(4) the Internet address of a summary of not more than
100 words in length of the proposed rule, in plain language,
that shall be posted on the Internet website under section
206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note)
(commonly known as regulations.gov).''.
SEC. 6010. COMMISSION ON PLANNING, PROGRAMMING, BUDGETING,
AND EXECUTION REFORM RECOMMENDATIONS AND
REPORT.
In section 853(g)(1) of this division--
(1) subparagraphs (F), (G), and (H) are deemed to be
redesignated subparagraphs (G), (H), and (I), respectively;
and
(2) there is deemed to be included the following new
subparagraph (F):
``(F) A review of the financial management systems of the
Department of Defense, including policies, procedures, and
past and planned investments, and recommendations related to
replacing, modifying, and improving such systems to ensure
that the financial management systems and related processes
of the Department ensure effective internal control and the
ability to achieve auditable financial statements and meet
other financial management and operational needs.''.
SEC. 6011. BRIEFING ASSESSING THE FEASIBILITY OF DELAYING
DELIVERY OF BUDGET DETAILS FOR A CERTAIN SUBSET
OF DEPARTMENT OF DEFENSE BUDGET.
(a) In General.--Not later than June 1, 2022, the Deputy
Secretary of Defense shall deliver a briefing to the
congressional defense committees regarding the feasibility of
establishing a $50,000,000 to $150,000,000 line item in the
Department of Defense budget for which programmatic and
budgetary details would be delivered one to five months after
the delivery of the president's annual budget to Congress.
(b) Elements.--The briefing required under subsection (a)
should include--
(1) an assessment of potential changes needed to the
Program Objective Memorandum (POM) process to implement the
approach described in such subsection;
(2) recommended changes or improvements to the POM process
needed to enable additional congressional oversight of such
an approach; and
(3) a survey of projects that might have been included in
the President's budget earlier than they otherwise were as a
result of such an approach.
SEC. 6012. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION
ENHANCEMENT.
(a) Short Title.--This section may be cited as the ``United
States-Israel Cybersecurity Cooperation Enhancement Act of
2021''.
(b) Definitions.--In this section--
(1) the term ``cybersecurity research'' means research,
including social science research, into ways to identify,
protect against, detect, respond to, and recover from
cybersecurity threats;
(2) the term ``cybersecurity technology'' means technology
intended to identify, protect against, detect, respond to,
and recover from cybersecurity threats;
(3) the term ``cybersecurity threat'' has the meaning given
the term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501);
(4) the term ``Department'' means the Department of
Homeland Security;
(5) the term ``National Laboratory'' has the meaning given
the term in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801); and
(6) the term ``Secretary'' means the Secretary of Homeland
Security.
(c) Grant Program.--
(1) Establishment.--The Secretary, in accordance with the
agreement entitled the ``Agreement between the Government of
the United States of America and the Government of the State
of Israel on Cooperation in Science and Technology for
Homeland Security Matters'', dated May 29, 2008 (or successor
agreement), and the requirements specified in paragraph (2),
shall establish a grant program at the Department to
support--
(A) cybersecurity research and development; and
(B) demonstration and commercialization of cybersecurity
technology.
(2) Requirements.--
(A) Applicability.--Notwithstanding any other provision of
law, in carrying out a research, development, demonstration,
or commercial application program or activity that is
authorized under this section, the Secretary shall require
cost sharing in accordance with this paragraph.
(B) Research and development.--
(i) In general.--Except as provided in clause (ii), the
Secretary shall require not less than 50 percent of the cost
of a research, development, demonstration, or commercial
application program or activity described in subparagraph (A)
to be provided by a non-Federal source.
(ii) Reduction.--The Secretary may reduce or eliminate, on
a case-by-case basis, the percentage requirement specified in
clause (i) if the Secretary determines that the reduction or
elimination is necessary and appropriate.
(C) Merit review.--In carrying out a research, development,
demonstration, or commercial application program or activity
that is authorized under this section, awards shall be made
only after an impartial review of the scientific and
technical merit of the proposals for the awards has been
carried out by or for the Department.
(D) Review processes.--In carrying out a review under
subparagraph (C), the Secretary may use merit review
processes developed under section 302(14) of the Homeland
Security Act of 2002 (6 U.S.C. 182(14)).
(3) Eligible applicants.--An applicant shall be eligible to
receive a grant under this subsection if--
(A) the project of the applicant--
(i) addresses a requirement in the area of cybersecurity
research or cybersecurity technology, as determined by the
Secretary; and
(ii) is a joint venture between--
(I)(aa) a for-profit business entity, academic institution,
National Laboratory, or nonprofit entity in the United
States; and
(bb) a for-profit business entity, academic institution, or
nonprofit entity in Israel; or
(II)(aa) the Federal Government; and
(bb) the Government of Israel; and
(B) neither the applicant nor the project of the applicant
pose a counterintelligence threat, as determined by the
Director of National Intelligence.
(4) Applications.--To be eligible to receive a grant under
this subsection, an applicant shall submit to the Secretary
an application for the grant in accordance with procedures
established by the Secretary, in consultation with the
advisory board established under paragraph (5).
(5) Advisory board.--
(A) Establishment.--The Secretary shall establish an
advisory board to--
(i) monitor the method by which grants are awarded under
this subsection; and
(ii) provide to the Secretary periodic performance reviews
of actions taken to carry out this subsection.
(B) Composition.--The advisory board established under
subparagraph (A) shall be composed of 3 members, to be
appointed by the Secretary, of whom--
(i) 1 shall be a representative of the Federal Government;
(ii) 1 shall be selected from a list of nominees provided
by the United States-Israel Binational Science Foundation;
and
[[Page S8713]]
(iii) 1 shall be selected from a list of nominees provided
by the United States-Israel Binational Industrial Research
and Development Foundation.
(6) Contributed funds.--Notwithstanding any other provision
of law--
(A) the Secretary may accept or retain funds contributed by
any person, government entity, or organization for purposes
of carrying out this subsection; and
(B) the funds described in subparagraph (A) shall be
available, subject to appropriation, without fiscal year
limitation.
(7) Reports.--
(A) Grant recipients.--Not later than 180 days after the
date of completion of a project for which a grant is provided
under this subsection, the grant recipient shall submit to
the Secretary a report that contains--
(i) a description of how the grant funds were used by the
recipient; and
(ii) an evaluation of the level of success of each project
funded by the grant.
(B) Secretary.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the
grant program established under this section terminates, the
Secretary shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report on
the grants awarded and projects completed under the program.
(8) Classification.--Grants shall be awarded under this
subsection only for projects that are considered to be
unclassified by both the United States and Israel.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section not less than
$6,000,000 for each of fiscal years 2022 through 2026.
SEC. 6013. UNITED STATES GRAND STRATEGY WITH RESPECT TO
CHINA.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) The United States is in a new era of geostrategic and
geoeconomic competition with the People's Republic of China,
a great power that seeks to challenge international norms,
laws and institutions, and confront the United States across
diplomatic, economic, military, technological, and
informational domains.
(B) As it has during previous periods of great power
competition, the United States must articulate and refine its
grand strategy, including through rigorous testing of
assumptions and by drawing on expertise outside the United
States Government, to ensure its ultimate success, as well as
global peace, stability, and shared prosperity.
(C) Historically, presidents of the United States have used
different models for grand strategy development, including
the following efforts:
(i) In January 1950, President Truman requested an in-depth
report on the state of the world, actions taken by
adversaries of the United States, and the development of a
comprehensive national strategy, resulting in a paper
entitled ``United States Objectives and Programs for National
Security'', also known as NSC-68.
(ii) President Eisenhower utilized experts from both within
and outside the United States Government during Project
Solarium to produce NSC 162/2, a ``Statement of Policy by the
National Security Council on Basic National Security Policy''
in order to ``meet the Soviet Threat to U.S. security'' and
guide United States national security policy.
(iii) President Ford authorized the Team B project to draw
in experts from outside the United States Government to
question and strengthen the analysis of the Central
Intelligence Agency.
(iv) President Reagan approved the National Security
Decision Directive Number 75 in January 1983 to organize
United States strategy toward the Soviet Union in order to
clarify and orient United States policies toward specific
objectives vis a vis the Soviet Union.
(2) Sense of congress.--It is the sense of Congress that
the United States should draw upon previous successful models
of grand strategy to articulate a strategy that appropriately
addresses the evolving challenges and contours of the new era
of geostrategic and geoeconomic competition with the People's
Republic of China.
(b) United States Grand Strategy With Respect to China.--
(1) In general.--Not later than 30 days after the date on
which the President first submits to Congress a national
security strategy under section 108 of the National Security
Act of 1947 (50 U.S.C. 3043) after the date of the enactment
of this Act, the President shall commence developing a
comprehensive report that articulates the strategy of the
United States with respect to the People's Republic of China
(in this section referred to as the ``China Strategy'') that
builds on the work of such national security strategy.
(2) Submittal.--Not later than 270 days after the date on
which the President first submits to Congress a national
security strategy under section 108 of the National Security
Act of 1947 (50 U.S.C. 3043) after the date of the enactment
of this Act, the President shall submit to Congress the China
Strategy developed under paragraph (1).
(3) Form.--The China Strategy shall be submitted in
classified form and shall include an unclassified summary.
(c) Contents.--The China Strategy developed under
subsection (b) shall set forth the national security strategy
of the United States with respect to the People's Republic of
China and shall include a comprehensive description and
discussion of the following:
(1) The strategy of the People's Republic of China
regarding the military, economic, and political power of
China in the Indo-Pacific region and worldwide, including why
the People's Republic of China has decided on such strategy
and what the strategy means for the long-term interests,
values, goals, and objectives of the United States.
(2) The worldwide interests, values, goals, and objectives
of the United States as they relate to geostrategic and
geoeconomic competition with the People's Republic of China.
(3) The foreign and economic policy, worldwide commitments,
and national defense capabilities of the United States
necessary to deter aggression and to implement the national
security strategy of the United States as they relate to the
new era of competition with the People's Republic of China.
(4) How the United States will exercise the political,
economic, military, diplomatic, and other elements of its
national power to protect or advance its interests and values
and achieve the goals and objectives referred to in paragraph
(1).
(5) The adequacy of the capabilities of the United States
Government to carry out the national security strategy of the
United States within the context of new and emergent
challenges to the international order posed by the People's
Republic of China, including an evaluation--
(A) of the balance among the capabilities of all elements
of national power of the United States; and
(B) the balance of all United States elements of national
power in comparison to equivalent elements of national power
of the People's Republic of China.
(6) The assumptions and end-state or end-states of the
strategy of the United States globally and in the Indo-
Pacific region with respect to the People's Republic of
China.
(7) Such other information as the President considers
necessary to help inform Congress on matters relating to the
national security strategy of the United States with respect
to the People's Republic of China.
(d) Advisory Board on United States Grand Strategy With
Respect to China.--
(1) Establishment.--There is hereby established in the
executive branch a commission to be known as the ``Advisory
Board on United States Grand Strategy with respect to China''
(in this section referred to as the ``Board'').
(2) Purpose.--The purpose of the Board is to convene
outside experts to advise the President on development of the
China Strategy.
(3) Duties.--
(A) Review.--The Board shall review the current national
security strategy of the United States with respect to the
People's Republic of China, including assumptions,
capabilities, strategy, and end-state or end-states.
(B) Assessment and recommendations.--The Board shall
analyze the United States national security strategy with
respect to the People's Republic of China, including
challenging its assumptions and approach, and make
recommendations to the President for the China Strategy.
(C) Classified briefing.--Not later than 30 days after the
date on which the President submits the China Strategy to
Congress under subsection (b)(2), the Board shall provide to
Congress a classified briefing on its review, assessment, and
recommendations.
(4) Composition.--
(A) Recommendations.--Not later than 30 days after the date
on which the President first submits to Congress a national
security strategy under section 108 of the National Security
Act of 1947 (50 U.S.C. 3043) after the date of the enactment
of this Act, 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 shall each provide to the President a list of
at not fewer than 10 candidates for membership on the Board,
at least 5 of whom shall be individuals in the private sector
and 5 of whom shall be individuals in academia or employed by
a nonprofit research institution.
(B) Membership.--The Board shall be composed of 9 members
appointed by the President as follows:
(i) The National Security Advisor or such other designee as
the President considers appropriate, such as the Asia
Coordinator from the National Security Council.
(ii) Four shall be selected from among individuals in the
private sector.
(iii) Four shall be selected from among individuals in
academia or employed by a nonprofit research institution.
(iv) Two members should be selected from among individuals
included in the list submitted by the majority leader of the
Senate under subparagraph (A), of whom--
(I) one should be selected from among individuals in the
private sector; and
(II) one should be selected from among individuals in
academia or employed by a nonprofit research institution.
(v) Two members should be selected from among individuals
included in the list submitted by the minority leader of the
Senate under subparagraph (A), of whom--
(I) one should be selected from among individuals in the
private sector; and
(II) one should be selected from among individuals in
academia or employed by a nonprofit research institution.
[[Page S8714]]
(vi) Two members should be selected from among individuals
included in the list submitted by the Speaker of the House of
Representatives under subparagraph (A), or whom--
(I) one should be selected from among individuals in the
private sector; and
(II) one should be selected from among individuals in
academia or employed by a nonprofit research institution.
(vii) Two members should be selected from among individuals
included in the list submitted by the minority leader of the
House of Representatives under subparagraph (A), of whom--
(I) one should be selected from among individuals in the
private sector; and
(II) one should be selected from among individuals in
academia or employed by a nonprofit research institution.
(C) Chairperson.--The Chairperson of the Board shall be the
member of the Board appointed under subparagraph (B)(i).
(D) Nongovernmental membership; period of appointment;
vacancies.--
(i) Nongovernmental membership.--Except in the case of the
Chairperson of the Board, an individual appointed to the
Board may not be an officer or employee of an instrumentality
of government.
(ii) Period of appointment.--Members shall be appointed for
the life of the Board.
(iii) Vacancies.--Any vacancy in the Board shall be filled
in the same manner as the original appointment.
(5) Deadline for appointment.--Not later than 60 days after
the date on which the President first submits to Congress a
national security strategy under section 108 of the National
Security Act of 1947 (50 U.S.C. 3043) after the date of the
enactment of this Act, the President shall--
(A) appoint the members of the Board pursuant to paragraph
(4); and
(B) submit to Congress a list of the members so appointed.
(6) Experts and consultants.--The Board is authorized to
procure temporary and intermittent services under section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the maximum
annual rate of basic pay under level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(7) Security clearances.--The appropriate Federal
departments or agencies shall cooperate with the Board in
expeditiously providing to the Board members and experts and
consultants appropriate security clearances to the extent
possible pursuant to existing procedures and requirements,
except that no person may be provided with access to
classified information under this Act without the appropriate
security clearances.
(8) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Board and any experts and
consultants consistent with all applicable statutes,
regulations, and Executive orders.
(9) Nonapplicability of certain requirements.--The Federal
Advisory Committee Act (5 U.S.C. App.) and section 552b of
title 5, United States Code (commonly known as the
``Government in the Sunshine Act''), shall not apply to the
Board.
(10) Uncompensated service.--A member of the Board who is
not an officer or employee of the Federal Government shall
serve without compensation.
(11) Cooperation from government.--In carrying out its
duties, the Board shall receive the full and timely
cooperation of the heads of relevant Federal departments and
agencies in providing the Board with analysis, briefings, and
other information necessary for the fulfillment of its
responsibilities.
(12) Termination.--The Board shall terminate on the date
that is 60 days after the date on which the President submits
the China Strategy to Congress under subsection (b)(2).
SEC. 6014. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL.
(a) Site.--Notwithstanding section 8908(c) of title 40,
United States Code, the National Global War on Terrorism
Memorial authorized by section 2(a) of the Global War on
Terrorism War Memorial Act (40 U.S.C. 8903 note; Public Law
115-51; 131 Stat. 1003) (referred to in this section as the
``Memorial'') shall be located within the Reserve (as defined
in section 8902(a) of title 40, United States Code).
(b) Applicability of Commemorative Works Act.--Except as
provided in subsection (a), chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act''), shall apply to the Memorial.
Subtitle B--Combating Synthetic Drugs
SEC. 6021. SHORT TITLE.
This subtitle may be cited as the ``Fighting Emerging
Narcotics Through Additional Nations to Yield Lasting Results
Act'' or the ``FENTANYL Results Act''.
SEC. 6022. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF
STATE TO COMBAT INTERNATIONAL TRAFFICKING IN
COVERED SYNTHETIC DRUGS.
(a) In General.--The Secretary of State shall prioritize
efforts of the Department of State to combat international
trafficking of covered synthetic drugs by carrying out
programs and activities to include the following:
(1) Supporting increased data collection by the United
States and foreign countries through increased drug use
surveys among populations, increased use of wastewater
testing where appropriate, and multilateral sharing of that
data.
(2) Engaging in increased consultation and partnership with
international drug agencies, including the European
Monitoring Centre for Drugs and Drug Addiction, regulatory
agencies in foreign countries, and the United Nations Office
on Drugs and Crime.
(3) Carrying out programs to provide technical assistance
and equipment, as appropriate, to strengthen the capacity of
foreign law enforcement agencies with respect to covered
synthetic drugs, as required by section 6023.
(4) Carrying out exchange programs for governmental and
nongovernmental personnel in the United States and in foreign
countries to provide educational and professional development
on demand reduction matters relating to the illicit use of
covered synthetic drugs and other drugs, as required by
section 6024.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
on the implementation of this section.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 6023. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE
CAPACITY OF FOREIGN LAW ENFORCEMENT AGENCIES
WITH RESPECT TO COVERED SYNTHETIC DRUGS.
(a) In General.--Notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of
State shall establish a program to provide assistance to
strengthen the capacity of law enforcement agencies of the
countries described in subsection (c) to help such agencies
to identify, track, and improve their forensics detection
capabilities with respect to covered synthetic drugs.
(b) Priority.--The Secretary of State shall prioritize
technical assistance, and the provision of equipment, as
appropriate, under subsection (a) among those countries
described in subsection (c) in which such assistance and
equipment would have the most impact in reducing illicit use
of covered synthetic drugs in the United States.
(c) Countries Described.--The foreign countries described
in this subsection are--
(1) countries that are producers of covered synthetic
drugs;
(2) countries whose pharmaceutical and chemical industries
are known to be exploited for development or procurement of
precursors of covered synthetic drugs; or
(3) major drug-transit countries for covered synthetic
drugs as defined by the Secretary of State.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State to carry out
this section $4,000,000 for each of the fiscal years 2022
through 2026. Such amounts shall be in addition to amounts
otherwise available for such purposes.
SEC. 6024. EXCHANGE PROGRAM ON DEMAND REDUCTION MATTERS
RELATING TO ILLICIT USE OF COVERED SYNTHETIC
DRUGS.
(a) In General.--The Secretary of State shall establish or
continue and strengthen, as appropriate, an exchange program
for governmental and nongovernmental personnel in the United
States and in foreign countries to provide educational and
professional development on demand reduction matters relating
to the illicit use of covered synthetic drugs and other
drugs.
(b) Program Requirements.--The program required by
subsection (a)--
(1) shall be limited to individuals who have expertise and
experience in matters described in subsection (a);
(2) in the case of inbound exchanges, may be carried out as
part of exchange programs and international visitor programs
administered by the Bureau of Educational and Cultural
Affairs of the Department of State, including the
International Visitor Leadership Program, in coordination
with the Bureau of International Narcotics and Law
Enforcement Affairs; and
(3) shall include outbound exchanges for governmental or
nongovernmental personnel in the United States.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State to carry out
this section $1,000,000 for each of fiscal years 2022 through
2026. Such amounts shall be in addition to amounts otherwise
available for such purposes.
SEC. 6025. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL
PROGRAM.
(a) International Narcotics Control Strategy Report.--
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)) is amended by inserting after paragraph (9)
the following new paragraph:
``(10) Covered synthetic drugs and new psychoactive
substances.--
``(A) Covered synthetic drugs.--Information that contains
an assessment of the
[[Page S8715]]
countries significantly involved in the manufacture,
production, transshipment, or trafficking of covered
synthetic drugs, to include the following:
``(i) The scale of legal domestic production and any
available information on the number of manufacturers and
producers of such drugs in such countries.
``(ii) Information on any law enforcement assessments of
the scale of illegal production of such drugs, including a
description of the capacity of illegal laboratories to
produce such drugs.
``(iii) The types of inputs used and a description of the
primary methods of synthesis employed by illegal producers of
such drugs.
``(iv) An assessment of the policies of such countries to
regulate licit manufacture and interdict illicit manufacture,
diversion, distribution, shipment, and trafficking of such
drugs and an assessment of the effectiveness of the policies'
implementation.
``(B) New psychoactive substances.--Information on, to the
extent practicable, any policies of responding to new
psychoactive substances, to include the following:
``(i) Which governments have articulated policies on
scheduling of such substances.
``(ii) Any data on impacts of such policies and other
responses to such substances.
``(iii) An assessment of any policies the United States
could adopt to improve its response to new psychoactive
substances.
``(C) Definitions.--In this paragraph, the terms `covered
synthetic drug' and `new psychoactive substance' have the
meaning given those terms in section 6027 of the FENTANYL
Results Act.''.
(b) Definition of Major Illicit Drug Producing Country.--
Section 481(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(e)) is amended--
(1) in paragraph (2)--
(A) by striking ``means a country in which--'' and
inserting the following: ``means--
``(A) a country in which--'';
(B) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and moving such
clauses, as so redesignated, two ems to the right;
(C) in subparagraph (A)(iii), as redesignated by this
paragraph, by striking the semicolon at the end and inserting
``; or''; and
(D) by adding at the end the following new subparagraph:
``(B) a country which is a significant direct source of
covered synthetic drugs or psychotropic drugs or other
controlled substances significantly affecting the United
States;'';
(2) by amending paragraph (5) to read as follows:
``(5) the term `major drug-transit country' means a country
through which are transported covered synthetic drugs or
psychotropic drugs or other controlled substances
significantly affecting the United States;'';
(3) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(9) the term `covered synthetic drug' has the meaning
given that term in section 6027 of the FENTANYL Results
Act.''.
SEC. 6026. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should direct the United States
Representative to the United Nations to use the voice, vote,
and influence of the United States at the United Nations to
advocate for more transparent assessments of countries by the
International Narcotics Control Board; and
(2) bilateral, plurilateral, and multilateral international
cooperation is essential to combating the trafficking of
covered synthetic drugs.
SEC. 6027. DEFINITIONS.
In this subtitle:
(1) Covered synthetic drug.--The term ``covered synthetic
drug'' means--
(A) a synthetic controlled substance (as defined in section
102(6) of the Controlled Substances Act (21 U.S.C. 802(6))),
including fentanyl or a fentanyl analogue; or
(B) a new psychoactive substance.
(2) New psychoactive substance.--The term ``new
psychoactive substance'' means a substance of abuse, or any
preparation thereof, that--
(A) is not--
(i) included in any schedule as a controlled substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.);
or
(ii) controlled by the Single Convention on Narcotic Drugs,
done at New York March 30, 1961, or the Convention on
Psychotropic Substances, done at Vienna February 21, 1971;
(B) is new or has reemerged on the illicit market; and
(C) poses a threat to the public health and safety.
Subtitle C--Foreign Service Families Act of 2021
SECTION 6031. SHORT TITLE.
This subtitle may be cited as the ``Foreign Service
Families Act of 2021''.
SEC. 6032. TELECOMMUTING OPPORTUNITIES.
(a) DETO Policy.--
(1) In general.--Each Federal department and agency shall
establish a policy enumerating the circumstances under which
employees may be permitted to temporarily perform work
requirements and duties from approved overseas locations
where there is a related Foreign Service assignment pursuant
to an approved Domestically Employed Teleworking Overseas
(DETO) agreement.
(2) Participation.--The policy described under paragraph
(1) shall--
(A) ensure that telework does not diminish employee
performance or agency operations;
(B) require a written agreement that--
(i) is entered into between an agency manager and an
employee authorized to telework, that outlines the specific
work arrangement that is agreed to; and
(ii) is mandatory in order for any employee to participate
in telework;
(C) provide that an employee may not be authorized to
telework if the performance of that employee does not comply
with the terms of the written agreement between the agency
manager and that employee;
(D) except in emergency situations as determined by the
head of an agency, not apply to any employee of the agency
whose official duties require on at least a monthly basis--
(i) direct handling of secure materials determined to be
inappropriate for telework by the agency head; or
(ii) on-site activity that cannot be handled remotely or at
an alternate worksite;
(E) be incorporated as part of the continuity of operations
plans of the agency in the event of an emergency; and
(F) enumerate the circumstances under which employees may
be permitted to temporarily perform work requirements and
duties from approved overseas locations.
(b) Access to ICASS System.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of State
shall revise chapter 900 of volume 6 of the Foreign Affairs
Manual, the International Cooperative Administrative Support
Services Handbook, the Personnel Operations Handbook, and any
other relevant regulations to allow each Federal agency that
has enacted a policy under subsection (a) to have access to
the International Cooperative Administrative Support Services
(ICASS) system.
SEC. 6033. EMPLOYMENT AND EDUCATION PROGRAMS FOR ELIGIBLE
FAMILY MEMBERS OF MEMBERS OF THE FOREIGN
SERVICE.
Section 706(b) of the Foreign Service Act of 1980 (22
U.S.C. 4026(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``The Secretary may facilitate the
employment of spouses of members of the Foreign Service by--
'' and inserting ``The Secretary shall implement such
measures as the Secretary considers necessary to facilitate
the employment of spouses and members of the Service. The
measures may include--''; and
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by amending subparagraph (C) to read as follows:
``(C) establishing a program for assisting eligible family
members in accessing employment and education opportunities,
as appropriate, including by exercising the authorities, in
relevant part, under sections 1784 and 1784a of title 10,
United States Code, and subject to such regulations as the
Secretary may prescribe modeled after those prescribed
pursuant to subsection (b) of such section 1784;'';
(2) by redesignating paragraph (2) as paragraph (6);
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Secretary may prescribe regulations--
``(A) to provide preference to eligible family members in
hiring for any civilian position in the Department,
notwithstanding the prohibition on marital discrimination
found in 5 U.S.C. 2302(b)(1)(E), if --
``(i) the eligible family member is among persons
determined to be best qualified for the position; and
``(ii) the position is located in the overseas country of
assignment of their sponsoring employee;
``(B) to ensure that notice of any vacant position in the
Department is provided in a manner reasonably designed to
reach eligible family members of sponsoring employees whose
permanent duty stations are in the same country as that in
which the position is located; and
``(C) to ensure that an eligible family member who applies
for a vacant position in the Department shall, to the extent
practicable, be considered for any such position located in
the same country as the permanent duty station of their
sponsoring employee.
``(3) Nothing in this section may be construed to provide
an eligible family member with entitlement or preference in
hiring over an individual who is preference eligible.
``(4) Under regulations prescribed by the Secretary, a
chief of mission may, consistent with all applicable laws and
regulations pertaining to the ICASS system, make available to
an eligible family member and a non-Department entity space
in an embassy or consulate for the purpose of the non-
Department entity providing employment-related training for
eligible family members.
``(5) The Secretary may work with the Director of the
Office of Personnel Management and the heads of other Federal
departments and agencies to expand and facilitate the use of
existing Federal programs and resources in support of
eligible family member employment.''; and
(4) by adding after paragraph (6), as redesignated by
paragraph (2) of this subsection, the following new
paragraph:
``(7) In this subsection, the term `eligible family member'
refers to family members of government employees assigned
abroad or hired for service at their post of residence who
are appointed by the Secretary of State
[[Page S8716]]
or the Administrator of the United States Agency for
International Development pursuant to sections 102, 202, 303,
and 311.''.
SEC. 6034. BRIEFING ON FOREIGN SERVICE FAMILY RESERVE CORPS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State shall brief
the appropriate congressional committees on the status of
implementation of the Foreign Service Family Reserve Corps.
(b) Elements.--The briefing required under subsection (a)
shall include the following elements:
(1) A description of the status of implementation of the
Foreign Service Family Reserve Corps (FSFRC).
(2) An assessment of the extent to which implementation was
impacted by the Department's hiring freeze and a detailed
explanation of the effect of any such impacts.
(3) A description of the status of implementation of a
hiring preference for the FSFRC.
(4) A detailed accounting of any individuals eligible for
membership in the FSFRC who were unable to begin working at a
new location as a result of being unable to transfer their
security clearance, including an assessment of whether they
would have been able to port their clearance as a member of
the FSFRC if the program had been fully implemented.
(5) An estimate of the number of individuals who are
eligible to join the FSFRC worldwide and the categories, as
detailed in the Under Secretary for Management's guidance
dated May 3, 2016, under which those individuals would
enroll.
(6) An estimate of the number of individuals who are
enrolled in the FSFRC worldwide and the categories, as
detailed in the Under Secretary for Management's guidance
dated May 3, 2016, under which those individuals enrolled.
(7) An estimate of the number of individuals who were
enrolled in each phase of the implementation of the FSFRC as
detailed in guidance issued by the Under Secretary for
Management.
(8) An estimate of the number of individuals enrolled in
the FSFRC who have successfully transferred a security
clearance to a new post since implementation of the program
began.
(9) An estimate of the number of individuals enrolled in
the FSFRC who have been unable to successfully transfer a
security clearance to a new post since implementation of the
program began.
(10) An estimate of the number of individuals who have
declined in writing to apply to the FSFRC.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 6035. TREATMENT OF FAMILY MEMBERS SEEKING POSITIONS
CUSTOMARILY FILLED BY FOREIGN SERVICE OFFICERS
OR FOREIGN NATIONAL EMPLOYEES.
Section 311 of the Foreign Service Act of 1980 (22 U.S.C.
3951) is amended by adding at the end the following:
``(e) The Secretary shall hold a family member of a
government employee described in subsection (a) seeking
employment in a position described in that subsection to the
same employment standards as those applicable to Foreign
Service officers, Foreign Service personnel, or foreign
national employees seeking the same or a substantially
similar position.''.
SEC. 6036. IN-STATE TUITION RATES FOR MEMBERS OF QUALIFYING
FEDERAL SERVICE.
(a) In General.--Section 135 of the Higher Education Act of
1965 (20 U.S.C. 1015d) is amended--
(1) in the section heading, by striking ``the armed forces
on active duty, spouses, and dependent children'' and
inserting ``qualifying federal service'';
(2) in subsection (a), by striking ``member of the armed
forces who is on active duty for a period of more than 30
days and'' and inserting ``member of a qualifying Federal
service'';
(3) in subsection (b), by striking ``member of the armed
forces'' and inserting ``member of a qualifying Federal
service''; and
(4) by striking subsection (d) and inserting the following:
``(d) Definitions.--In this section, the term `member of a
qualifying Federal service' means--
``(1) a member of the armed forces (as defined in section
101 of title 10, United States Code) who is on active duty
for a period of more than 30 days (as defined in section 101
of title 10, United States Code); or
``(2) a member of the Foreign Service (as defined in
section 103 of the Foreign Service Act of 1980 (22 U.S.C.
3903)) who is on active duty for a period of more than 30
days.''.
(b) Effective Date.--The amendments made under subsection
(a) shall take effect at each public institution of higher
education in a State that receives assistance under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the
first period of enrollment at such institution that begins
after July 1, 2021.
SEC. 6037. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES
AND TELEPHONE SERVICE CONTRACTS FOR CERTAIN
MEMBERS OF THE FOREIGN SERVICE.
(a) In General.--Chapter 9 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4081 et seq.) is amended by
adding at the end the following new section:
``SEC. 907. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE
LEASES AND TELEPHONE SERVICE CONTRACTS.
``The terms governing the termination of residential or
motor vehicle leases and telephone service contracts
described in sections 305 and 305A, respectively of the
Servicemembers Civil Relief Act (50 U.S.C. 3955 and 3956)
with respect to servicemembers who receive military orders
described in such Act shall apply in the same manner and to
the same extent to members of the Service who are posted
abroad at a Foreign Service post in accordance with this
Act.''.
(b) Clerical Amendment.--The table of contents in section 2
of the Foreign Service Act of 1980 is amended by inserting
after the item relating to section 906 the following new
item:
``Sec. 907. Termination of residential or motor vehicle leases and
telephone service contracts.''.
TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Miscellaneous
SEC. 6201. CLARIFICATION OF REQUIREMENTS FOR CONTRIBUTIONS BY
PARTICIPANTS IN THE AMERICAN, BRITISH,
CANADIAN, AND AUSTRALIAN ARMIES' PROGRAM.
Section 1274 of the National Defense Authorization Act for
Fiscal Year 2013 (10 U.S.C. 2350a note) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Contributions by Participants.--
``(1) In general.--An agreement under subsection (a) shall
provide that--
``(A) the United States, as the host country for the
Program, shall provide office facilities and related office
equipment and supplies for the Program; and
``(B) each participating country shall contribute its
equitable share of the remaining costs for the Program,
including--
``(i) the agreed upon share of administrative costs related
to the Program, except the costs for facilities and equipment
and supplies described in subparagraph (A); and
``(ii) any amount allocated against the country for
monetary claims as a result of participation in the Program,
in accordance with the agreement.
``(2) Equitable contributions.--The contributions, as
allocated under paragraph (1) and set forth in an agreement
under subsection (a), shall be considered equitable for
purposes of this subsection and section 27(c) of the Arms
Export Control Act (22 U.S.C. 2767(c)).
``(3) Authorized contribution.--An agreement under
subsection (a) shall provide that each participating country
may provide its contribution in funds, in personal property,
in services required for the Program, or any combination
thereof.
``(4) Funding for united states contribution.--Any monetary
contribution by the United States to the Program that is
provided in funds shall be made from funds available to the
Department of Defense for operation and maintenance.
``(5) Contributions and reimbursements from other
participating countries.--
``(A) In general.--The Secretary of Defense may accept from
any other participating country a contribution or
reimbursement of funds, personal property, or services made
by the participating country in furtherance of the Program.
``(B) Credit to appropriations.--Any contribution or
reimbursement of funds received by the United States from any
other participating country to meet that country's share of
the costs of the Program shall be credited to the
appropriations available to the appropriate military
department, as determined by the Secretary of Defense.
``(C) Treatment of personal property.--Any contribution or
reimbursement of personal property received under this
paragraph may be--
``(i) retained and used by the Program in the form in which
it was contributed;
``(ii) sold or otherwise disposed of in accordance with
such terms, conditions, and procedures as the members of the
Program consider appropriate, and any resulting proceeds
shall be credited to appropriations of the appropriate
military department, as described in subparagraph (B); or
``(iii) converted into a form usable by the Program.
``(D) Use of credited funds.--
``(i) In general.--Amounts credited under subparagraph (B)
or (C)(ii) shall be--
``(I) merged with amounts in the appropriation concerned;
``(II) subject to the same conditions and limitations as
amounts in such appropriation; and
``(III) available for payment of Program expenses described
in clause (ii).
``(ii) Program expenses described.--The Program expenses
described in this clause include--
``(I) payments to contractors and other suppliers,
including the Department of Defense and participating
countries acting as suppliers, for necessary goods and
services of the Program;
``(II) payments for any damages or costs resulting from the
performance or cancellation of any contract or other
obligation in support of the Program;
[[Page S8717]]
``(III) payments or reimbursements for other Program
expenses; or
``(IV) refunds to other participating countries.''; and
(2) by striking subsection (g).
SEC. 6202. SENSE OF CONGRESS ON INTEROPERABILITY WITH TAIWAN.
It is the sense of Congress that, consistent with the
Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et
seq.) and the Six Assurances, the United States should seek
to support the goals of--
(1) improving asymmetric defense capabilities of Taiwan;
(2) bolstering deterrence to preserve peace, security, and
stability across the Taiwan Strait; and
(3) deepening interoperability with Taiwan in defense
capabilities, including in--
(A) maritime and air domain awareness; and
(B) integrated air and missile defense systems.
SEC. 6203. BRIEFING ON PROGRAMMING AND BUDGETING FOR THE
PACIFIC DETERRENCE INITIATIVE.
(a) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Deputy Secretary of Defense shall
provide to the congressional defense committees a briefing on
the processes and guidance used to program and budget for the
Pacific Deterrence Initiative, including--
(1) the allocation of fiscal toplines in the program
objective memorandum process to support the Pacific
Deterrence Initiative at the outset of the process;
(2) the role of the combatant commanders in setting
requirements for the Pacific Deterrence Initiative;
(3) the role of the military departments and other
components of the Armed Forces in proposing programmatic
options to meet such requirements; and
(4) the role of the combatant commanders, the military
departments and other components of the Armed Forces, the
Cost Assessment and Program Evaluation Office, and the Deputy
Secretary of Defense in adjudicating requirements and
programmatic options--
(A) before the submission of the program objective
memorandum for the Pacific Deterrence Initiative; and
(B) during program review.
(b) Guidance.--In establishing program objective memorandum
guidance for fiscal year 2024, the Deputy Secretary of
Defense shall ensure that the processes and guidance used to
program and budget the Pacific Deterrence Initiative align,
as appropriate, with the processes and guidance used to
program and budget for the European Deterrence Initiative,
including through the allocation of fiscal toplines for each
such initiative in the fiscal year 2024 process.
SEC. 6204. AFGHANISTAN WAR COMMISSION ACT OF 2021.
(a) Short Title.--This section may be cited as the
``Afghanistan War Commission Act of 2021''.
(b) Definitions.--In this section:
(1) Applicable period.--The term ``applicable period''
means the period beginning June 1, 2001, and ending August
30, 2021.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(c) Establishment of Commission.--
(1) Establishment.--There is established in the legislative
branch an independent commission to be known as the
Afghanistan War Commission (in this section referred to as
the ``Commission'').
(2) Membership.--
(A) Composition.--The Commission shall be composed of 16
members of whom--
(i) 1 shall be appointed by the Chairman of the Committee
on Armed Services of the Senate;
(ii) 1 shall be appointed by the ranking member of the
Committee on Armed Services of the Senate;
(iii) 1 shall be appointed by the Chairman of the Committee
on Armed Services of the House of Representatives;
(iv) 1 shall be appointed by the ranking member of the
Committee on Armed Services of the House of Representatives;
(v) 1 shall be appointed by the Chairman of the Committee
on Foreign Relations of the Senate;
(vi) 1 shall be appointed by the ranking member of the
Committee on Foreign Relations of the Senate;
(vii) 1 shall be appointed by the Chairman of the Committee
on Foreign Affairs of the House of Representatives;
(viii) 1 shall be appointed by the ranking member of the
Committee on Foreign Affairs of the House of Representatives;
(ix) 1 shall be appointed by the Chairman of the Select
Committee on Intelligence of the Senate;
(x) 1 shall be appointed by the ranking member of the
Select Committee on Intelligence of the Senate.
(xi) 1 shall be appointed by the Chairman of the Permanent
Select Committee on Intelligence of the House of
Representatives;
(xii) 1 shall be appointed by the ranking member of the
Permanent Select Committee on Intelligence of the House of
Representatives;
(xiii) 1 shall be appointed by the majority leader of the
Senate;
(xiv) 1 shall be appointed by the minority leader of the
Senate;
(xv) 1 shall be appointed by the Speaker of the House of
Representatives; and
(xvi) 1 shall be appointed by the Minority Leader of the
House of Representatives.
(B) Qualifications.--It is the sense of Congress that each
member of the Commission appointed under subparagraph (A)
should have significant professional experience in national
security, such as a position in--
(i) the Department of Defense;
(ii) the Department of State;
(iii) the intelligence community;
(iv) the United States Agency for International
Development; or
(v) an academic or scholarly institution.
(C) Prohibitions.--A member of the Commission appointed
under subparagraph (A) may not--
(i) be a current member of Congress;
(ii) be a former member of Congress who served in Congress
after January 3, 2001;
(iii) be a current or former registrant under the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
(iv) have previously investigated Afghanistan policy or the
war in Afghanistan through employment in the office of a
relevant inspector general;
(v) have been the sole owner or had a majority stake in a
company that held any United States or coalition defense
contract providing goods or services to activities by the
United States Government or coalition in Afghanistan during
the applicable period; or
(vi) have served, with direct involvement in actions by the
United States Government in Afghanistan during the time the
relevant official served, as--
(I) a cabinet secretary or national security adviser to the
President; or
(II) a four-star flag officer, Under Secretary, or more
senior official in the Department of Defense or the
Department of State.
(D) Date.--
(i) In general.--The appointments of the members of the
Commission shall be made not later than 60 days after the
date of enactment of this Act.
(ii) Failure to make appointment.--If an appointment under
subparagraph (A) is not made by the appointment date
specified in clause (i)--
(I) the authority to make such appointment shall expire;
and
(II) the number of members of the Commission shall be
reduced by the number equal to the number of appointments not
made.
(3) Period of appointment; vacancies.--
(A) In general.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--A vacancy in the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment.
(4) Meetings.--
(A) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the first meeting of the
Commission.
(B) Frequency.--The Commission shall meet at the call of
the Co-Chairpersons.
(C) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(5) Co-chairpersons.--The Commission shall select, by a
simple majority vote--
(A) 1 Co-Chairperson from the members of the Commission
appointed by chairpersons of the appropriate congressional
committees; and
(B) 1 Co-Chairperson from the members of the Commission
appointed by the ranking members of the appropriate
congressional committees.
(d) Purpose of Commission.-- The purpose of the Commission
is--
(1) to examine the key strategic, diplomatic, and
operational decisions that pertain to the war in Afghanistan
during the relevant period, including decisions, assessments,
and events that preceded the war in Afghanistan; and
(2) to develop a series of lessons learned and
recommendations for the way forward that will inform future
decisions by Congress and policymakers throughout the United
States Government.
(e) Duties of Commission.--
(1) Study.--
(A) In general.--The Commission shall conduct a thorough
study of all matters relating to combat operations,
reconstruction and security force assistance activities,
intelligence operations, and diplomatic activities of the
United States pertaining to the Afghanistan during the period
beginning September 1, 1996, and ending August 30, 2021.
[[Page S8718]]
(B) Matters studied.--The matters studied by the Commission
shall include--
(i) for the time period specified under subparagraph (A)--
(I) the policy objectives of the United States Government,
including--
(aa) military objectives;
(bb) diplomatic objectives;
(cc) development objectives; and
(dd) intelligence objectives;
(II) significant decisions made by the United States,
including the development of options presented to
policymakers;
(III) the efficacy of efforts by the United States
Government in meeting the objectives described in clause (i),
including an analysis of --
(aa) military efforts;
(bb) diplomatic efforts;
(cc) development efforts; and
(dd) intelligence efforts; and
(IV) the efficacy of counterterrorism efforts against al
Qaeda, the Islamic State Khorasan Province, and other foreign
terrorist organizations in degrading the will and
capabilities of such organizations--
(aa) to mount external attacks against the United States
mainland or its allies and partners; or
(bb) to threaten regional stability in Afghanistan and
neighboring countries.
(ii) the efficacy of metrics, measures of effectiveness,
and milestones used to assess progress of diplomatic,
military, and intelligence efforts;
(iii) the efficacy of interagency planning and execution
process by the United States Government;
(iv) factors that led to the collapse of the Afghan
National Defense Security Forces in 2021, including--
(I) training;
(II) assessment methodologies;
(III) building indigenous forces on western models;
(IV) reliance on technology and logistics support; and
(V) reliance on warfighting enablers provided by the United
States;
(v) the efficacy of counter-corruption efforts to include
linkages to diplomatic lines of effort, linkages to foreign
and security assistance, and assessment methodologies;
(vi) the efficacy of counter-narcotic efforts to include
alternative livelihoods, eradication, interdiction, and
education efforts;
(vii) the role of countries neighboring Afghanistan in
contributing to the instability of Afghanistan;
(viii) varying diplomatic approaches between Presidential
administrations;
(ix) the extent to which the intelligence community did or
did not fail to provide sufficient warning about the probable
outcomes of a withdrawal of coalition military support from
Afghanistan, including as it relates to--
(I) the capability and sustainability of the Afghanistan
National Defense Security Forces;
(II) the sustainability of the Afghan central government,
absent coalition support;
(III) the extent of Taliban control over Afghanistan over
time with respect to geographic territory, governance, and
influence; and
(IV) the likelihood of the Taliban regaining control of
Afghanistan at various levels of United States and coalition
support, including the withdrawal of most or all United
States or coalition support;
(x) the extent to which intelligence products related to
the state of the conflict in Afghanistan and the
effectiveness of the Afghanistan National Defense Security
Forces complied with intelligence community-wide analytic
tradecraft standards and fully reflected the divergence of
analytic views across the intelligence community;
(xi) an evaluation of whether any element of the United
States Government inappropriately restricted access to data
from elements of the intelligence community, Congress, or the
Special Inspector General for Afghanistan Reconstruction
(SIGAR) or any other oversight body such as other inspectors
general or the Gpvernment Accountability Office, including
through the use of overclassification; and
(xii) the extent to which public representations of the
situation in Afghanistan before Congress by United States
Government officials were not consistent with the most recent
formal assessment of the intelligence community at the time
those representations were made.
(2) Report required.--
(A) In general.--
(i) Annual report.--
(I) In general.--Not later than 1 year after the date of
the initial meeting of the Commission, and annually
thereafter, the Commission shall submit to the appropriate
congressional committees a report describing the progress of
the activities of the Commission as of the date of such
report, including any findings, recommendations, or lessons
learned endorsed by the Commission.
(II) Addenda.--Any member of the Commission may submit an
addendum to a report required under subclause (I) setting
forth the separate views of such member with respect to any
matter considered by the Commission.
(III) Briefing.--On the date of the submission of the first
annual report, the Commission shall brief Congress.
(ii) Final report.--
(I) Submission.--Not later than 3 years after the date of
the initial meeting of the Commission, the Commission shall
submit to Congress a report that contains a detailed
statement of the findings, recommendations, and lessons
learned endorsed by the Commission.
(II) Addenda.--Any member of the Commission may submit an
addendum to the report required under subclause (I) setting
forth the separate views of such member with respect to any
matter considered by the Commission.
(III) Extension.--The Commission may submit the report
required under subclause (I) at a date that is not more than
1 year later than the date specified in such clause if agreed
to by the chairperson and ranking member of each of the
appropriate congressional committees.
(B) Form.--The report required by paragraph (1)(B) shall be
submitted and publicly released on a Government website in
unclassified form but may contain a classified annex.
(C) Subsequent reports on declassification.--
(i) In general.--Not later than 4 years after the date that
the report required by subparagraph (A)(ii) is submitted,
each relevant agency of jurisdiction shall submit to the
committee of jurisdiction a report on the efforts of such
agency to declassify such annex.
(ii) Contents.--Each report required by clause (i) shall
include--
(I) a list of the items in the classified annex that the
agency is working to declassify at the time of the report and
an estimate of the timeline for declassification of such
items;
(II) a broad description of items in the annex that the
agency is declining to declassify at the time of the report;
and
(III) any justification for withholding declassification of
certain items in the annex and an estimate of the timeline
for declassification of such items.
(f) Powers of Commission.--
(1) Hearings.--The Commission may hold such hearings, take
such testimony, and receive such evidence as the Commission
considers necessary to carry out its purpose and functions
under this section.
(2) Assistance from federal agencies.--
(A) Information.--
(i) In general.--The Commission may secure directly from a
Federal department or agency such information as the
Commission considers necessary to carry out this section.
(ii) Furnishing information.--Upon receipt of a written
request by the Co-Chairpersons of the Commission, the head of
the department or agency shall expeditiously furnish the
information to the Commission.
(B) Space for commission.--Not later than 30 days after the
date of the enactment of this Act, the Administrator of
General Services, in consultation with the Commission, shall
identify and make available suitable excess space within the
Federal space inventory to house the operations of the
Commission. If the Administrator of General Services is not
able to make such suitable excess space available within such
30-day period, the Commission may lease space to the extent
that funds are available for such purpose.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services, goods, and property from non-
Federal entities for the purposes of aiding and facilitating
the work of the Commission. The authority in this subsection
does not extend to gifts of money. Gifts accepted under this
authority shall be documented, and conflicts of interest or
the appearance of conflicts of interest shall be avoided.
Subject to the authority in this section, commissioners shall
otherwise comply with rules set forth by the Select Committee
on Ethics of the Senate and the Committee on Ethics of the
House of Representatives governing employees of the Senate
and the House of Representatives.
(5) Legislative advisory committee.--The Commission shall
operate as a legislative advisory committee and shall not be
subject to the provisions of the Federal Advisory Committee
Act (Public Law 92-463; 5 U.S.C. App) or section 552b, United
States Code (commonly known as the Government in the Sunshine
Act).
(g) Commission Personnel Matters.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Staff.--
(A) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the
[[Page S8719]]
commission shall be deemed to be Federal employees.
(B) Executive director.--The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161(d) of title 5, United States
Code.
(C) Pay.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for
additional personnel as staff of the Commission in accordance
with section 3161(d) of title 5, United States Code.
(4) Detail of government employees.--A Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Co-Chairpersons of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that 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 that title.
(h) Termination of Commission.--The Commission shall
terminate 90 days after the date on which the Commission
submits the report required under subsection (e)(2)(A)(ii).
(i) Authorization of Appropriations.--
(1) Increase.--The amount authorized to be appropriated by
section 4301 for Operation and Maintenance, Defense-wide, for
the Office of the Secretary of Defense, is hereby increased
by $3,000,000.
(2) Offset.--The amount authorized to be appropriated by
section 4301 for Operation and Maintenance, Afghanistan
Security Forces Fund, for Afghanistan Air Force, Line 090, is
hereby reduced by $3,000,000.
SEC. 6205. SENSE OF SENATE ON CONTINUING SUPPORT FOR ESTONIA,
LATVIA, AND LITHUANIA.
Section 1236 is hereby deemed to read as follows:
``SEC. 1236. SENSE OF SENATE ON CONTINUING SUPPORT FOR
ESTONIA, LATVIA, AND LITHUANIA.
``It is the sense of the Senate that--
``(1) the security of the Baltic region is crucial to the
security of the North Atlantic Treaty Organization alliance,
and the United States should continue to prioritize support
for efforts by the Baltic states of Estonia, Latvia, and
Lithuania to build and invest in critical security areas, as
such efforts are important to achieving United States
national security objectives, including deterring Russian
aggression and bolstering the security of North Atlantic
Treaty Organization allies;
``(2) robust support to accomplish United States strategic
objectives, including by providing assistance to the Baltic
countries through security cooperation referred to as the
Baltic Security Initiative pursuant to sections 332 and 333
of title 10, United States Code, should be prioritized in the
years to come;
``(3) Estonia, Latvia, and Lithuania play a crucial role in
strategic efforts--
``(A) to deter the Russian Federation; and
``(B) to maintain the collective security of the North
Atlantic Treaty Organization alliance;
``(4) the United States should continue to pursue efforts
consistent with the comprehensive, multilateral assessment of
the military requirements of Estonia, Latvia, and Lithuania
provided to Congress in December 2020;
``(5) the Baltic security cooperation roadmap has proven to
be a successful model to enhance intraregional Baltic
planning and cooperation, particularly with respect to
longer-term regional capability projects, including--
``(A) integrated air defense;
``(B) maritime domain awareness;
``(C) command, control, communications, computers,
intelligence, surveillance, and reconnaissance; and
``(D) Special Operations Forces development;
``(6) Estonia, Latvia, and Lithuania are to be commended
for their efforts to pursue joint procurement of select
defense capabilities and should explore additional areas for
joint collaboration; and
``(7) the Department of Defense should--
``(A) continue robust, comprehensive investment in Baltic
security efforts consistent with the assessment described in
paragraph (4);
``(B) continue efforts to enhance interoperability among
Estonia, Latvia, and Lithuania and in support of North
Atlantic Treaty Organization efforts;
``(C) encourage infrastructure and other host-country
support improvements that will enhance United States and
allied military mobility across the region;
``(D) invest in efforts to improve resilience to hybrid
threats and cyber defenses in Estonia, Latvia, and Lithuania;
and
``(E) support planning and budgeting efforts of Estonia,
Latvia, and Lithuania that are regionally synchronized.''.
SEC. 6206. REVIEW OF PORT AND PORT-RELATED INFRASTRUCTURE
PURCHASES AND INVESTMENTS MADE BY THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
AND ENTITIES DIRECTED OR BACKED BY THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The Secretary of State, in coordination
with the Director of National Intelligence, the Secretary of
Defense, and the head of any other agency the Secretary of
State considers necessary, shall conduct a review of port and
port-related infrastructure purchases and investments
critical to the interests and national security of the United
States made by--
(1) the Government of the People's Republic of China;
(2) entities directed or backed by the Government of the
People's Republic of China; and
(3) entities with beneficial owners that include the
Government of the People's Republic of China or a private
company controlled by the Government of the People's Republic
of China.
(b) Elements.--The review required by subsection (a) shall
include the following:
(1) A list of port and port-related infrastructure
purchases and investments described in that subsection,
prioritized in order of the purchases or investments that
pose the greatest threat to United States economic, defense,
and foreign policy interests.
(2) An analysis of the effects the consolidation of such
investments, or the assertion of control by the Government of
the People's Republic of China over entities described in
paragraph (2) or (3) of that subsection, would have on
Department of State, Office of the Director of National
Intelligence, and Department of Defense contingency plans.
(3) A description of past and planned efforts by the
Secretary of State, the Director of National Intelligence,
and the Secretary of Defense to address such purchases,
investments, and consolidation of investments or assertion of
control.
(c) Coordination With Other Federal Agencies.--In
conducting the review required by subsection (a), the
Secretary of State may coordinate with the head of any other
Federal agency, as the Secretary of State considers
appropriate.
(d) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate committees of Congress a report on
the results of the review under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Port.--The term ``port'' means--
(A) any port--
(i) on the navigable waters of the United States; or
(ii) that is considered by the Secretary of State to be
critical to United States interests; and
(B) any harbor, marine terminal, or other shoreside
facility used principally for the movement of goods on inland
waters that the Secretary of State considers critical to
United States interests.
(3) Port-related infrastructure.--The term ``port-related
infrastructure'' includes--
(A) crane equipment;
(B) logistics, information, and communications systems; and
(C) any other infrastructure the Secretary of State
considers appropriate.
SEC. 6207. SUPPORTING DEMOCRACY IN BURMA.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Foreign Affairs of the House of
Representatives;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Appropriations of the House of
Representatives;
(5) the Committee on Armed Services of the Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(8) the Committee on Financial Services of the House of
Representatives.
(b) Briefing Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the following officials shall
jointly brief the appropriate congressional committees
regarding actions taken by the United States Government to
further United States policy and security objectives in Burma
(officially known as the ``Republic of the Union of
Myanmar''):
(A) The Assistant Secretary of State for East Asian and
Pacific Affairs.
(B) The Counselor of the Department of State.
(C) The Under Secretary of the Treasury for Terrorism and
Financial Intelligence.
(D) The Assistant to the Administrator for the Bureau for
Conflict Prevention and Stabilization.
(E) Additional officials from the Department of Defense or
the Intelligence Community, as appropriate.
(2) Information required.--The briefing required under
paragraph (1) shall include--
[[Page S8720]]
(A) a detailed description of the specific United States
policy and security objectives in Burma;
(B) information about any actions taken by the United
States, either directly or in coordination with other
countries--
(i) to support and legitimize the National Unity Government
of the Republic of the Union of Myanmar, The Civil
Disobedience Movement in Myanmar, and other entities
promoting democracy in Burma, while simultaneously denying
legitimacy and resources to the Myanmar's military junta;
(ii) to impose costs on Myanmar's military junta,
including--
(I) an assessment of the impact of existing United States
and international sanctions; and
(II) a description of potential prospects for additional
sanctions;
(iii) to secure the restoration of democracy, the
establishment of inclusive and representative civilian
government, with a reformed military reflecting the diversity
of Burma and under civilian control, and the enactment of
constitutional, political, and economic reform in Burma;
(iv) to secure the unconditional release of all political
prisoners in Burma;
(v) to promote genuine national reconciliation among
Burma's diverse ethnic and religious groups;
(vi) to ensure accountability for atrocities, human rights
violations, and crimes against humanity committed by
Myanmar's military junta; and
(vii) to avert a large-scale humanitarian disaster;
(C) an update on the current status of United States
assistance programs in Burma, including--
(i) humanitarian assistance for affected populations,
including internally displaced persons and efforts to
mitigate humanitarian and health crises in neighboring
countries and among refugee populations;
(ii) democracy assistance, including support to the
National Unity Government of the Republic of the Union of
Myanmar and civil society groups in Burma;
(iii) economic assistance; and
(iv) global health assistance, including COVID-19 relief;
and
(D) a description of the strategic interests in Burma of
the People's Republic of China and the Russian Federation,
including--
(i) access to natural resources and lines of communications
to sea routes; and
(ii) actions taken by such countries--
(I) to support Myanmar's military junta in order to
preserve or promote such interests;
(II) to undermine the sovereignty and territorial integrity
of Burma; and
(III) to promote ethnic conflict within Burma.
(c) Classification and Format.--The briefing required under
subsection (b)--
(1) shall be provided in an unclassified setting; and
(2) may be accompanied by a separate classified briefing,
as appropriate.
SEC. 6208. UNITED STATES-ISRAEL ARTIFICIAL INTELLIGENCE
CENTER.
(a) Short Title.--This section may be cited as the ``United
States-Israel Artificial Intelligence Center Act''.
(b) Establishment of Center.--The Secretary of State, in
consultation with the Secretary of Commerce, the Director of
the National Science Foundation, and the heads of other
relevant Federal agencies, may establish the United States-
Israel Artificial Intelligence Center (referred to in this
section as the ``Center'') in the United States.
(c) Purpose.--The purpose of the Center shall be to
leverage the experience, knowledge, and expertise of
institutions of higher education and private sector entities
in the United States and Israel to develop more robust
research and development cooperation in the areas of--
(1) machine learning;
(2) image classification;
(3) object detection;
(4) speech recognition;
(5) natural language processing;
(6) data labeling;
(7) computer vision; and
(8) model explainability and interpretability.
(d) Artificial Intelligence Principles.--In carrying out
the purposes set forth in subsection (c), the Center shall
adhere to the principles for the use of artificial
intelligence in the Federal Government set forth in section 3
of Executive Order 13960 (85 Fed. Reg. 78939).
(e) International Partnerships.--
(1) In general.--The Secretary of State and the heads of
other relevant Federal agencies, subject to the availability
of appropriations, may enter into cooperative agreements
supporting and enhancing dialogue and planning involving
international partnerships between the Department of State or
such agencies and the Government of Israel and its
ministries, offices, and institutions.
(2) Federal share.--Not more than 50 percent of the costs
of implementing the agreements entered into pursuant to
paragraph (1) may be paid by the United States Government.
(f) Authorization of Appropriations.--There is authorized
to be appropriated for the Center $10,000,000 for each of the
fiscal years 2022 through 2026.
Subtitle B--U.S.-Greece Defense and Interparliamentary Partnership Act
of 2021
SEC. 6211. SHORT TITLE.
This subtitle may be cited as the ``U.S.-Greece Defense and
Interparliamentary Partnership Act of 2021''.
SEC. 6212. FINDINGS.
Congress makes the following findings:
(1) The United States and Greece are strong allies in the
North Atlantic Treaty Organization (NATO) and have deepened
their defense relationship in recent years in response to
growing security challenges in the Eastern Mediterranean
region.
(2) Greece participates in several NATO missions, including
Operation Sea Guardian in the Mediterranean and NATO's
mission in Kosovo.
(3) The Eastern Mediterranean Security and Energy
Partnership Act (title II of division J of Public Law 116-
94), authorized new security assistance for Greece and
Cyprus, lifted the United States prohibition on arms
transfers to Cyprus, and authorized the establishment of a
United States-Eastern Mediterranean Energy Center to
facilitate energy cooperation among the United States,
Greece, Israel, and Cyprus.
(4) The United States has demonstrated its support for the
trilateral partnership of Greece, Israel, and Cyprus through
joint engagement with Cyprus, Greece, Israel, and the United
States in the ``3+1'' format.
(5) The United States and Greece have held Strategic
Dialogue meetings in Athens, Washington D.C., and virtually,
and have committed to hold an upcoming Strategic Dialogue
session in 2021 in Washington, D.C.
(6) In October 2019, the United States and Greece agreed to
update the United States-Greece Mutual Defense Cooperation
Agreement, and the amended agreement officially entered into
force on February 13, 2020.
(7) The amended Mutual Defense Cooperation Agreement
provides for increased joint United States-Greece and NATO
activities at Greek military bases and facilities in Larissa,
Stefanovikio, Alexandroupolis, and other parts of central and
northern Greece, and allows for infrastructure improvements
at the United States Naval Support Activity Souda Bay base on
Crete.
(8) In October 2020, Greek Foreign Minister Nikos Dendias
announced that Greece hopes to further expand the Mutual
Defense Cooperation Agreement with the United States.
(9) The United States Naval Support Activity Souda Bay
serves as a critical naval logistics hub for the United
States Navy's 6th Fleet.
(10) In June 2020, United States Ambassador to Greece
Geoffrey Pyatt characterized the importance of Naval Support
Activity Souda Bay as ``our most important platform for the
projection of American power into a strategically dynamic
Eastern Mediterranean region. From Syria to Libya to the
chokepoint of the Black Sea, this is a critically important
asset for the United States, as our air force, naval, and
other resources are applied to support our Alliance
obligations and to help bring peace and stability.''.
(11) The USS Hershel ``Woody'' Williams, the second of a
new class of United States sea-basing ships, is now based out
of Souda Bay, the first permanent United States naval
deployment at the base.
(12) The United States cooperates with the Hellenic Armed
Forces at facilities in Larissa, Stefanovikio, and
Alexandroupolis, where the United States Armed Forces conduct
training, refueling, temporary maintenance, storage, and
emergency response.
(13) The United States has conducted a longstanding
International Military Education and Training (IMET) program
with Greece, and the Government of Greece has committed to
provide $3 for every dollar invested by the United States in
the program.
(14) Greece's defense spending in 2020 amounted to an
estimated 2.68 percent of its gross domestic product (GDP),
exceeding NATO's 2 percent of GDP benchmark agreed to at the
2014 NATO Summit in Wales.
(15) Greece is eligible for the delivery of excess defense
articles under section 516(c)(2) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(c)(2)).
(16) In September 2020, Greek Prime Minister Kyriakos
Mitsotakis announced plans to modernize all three branches of
the Hellenic Armed Forces, which will strengthen Greece's
military position in the Eastern Mediterranean.
(17) The modernization includes upgrades to the arms of all
three branches, including new anti-tank weapons for the
Hellenic Army, new heavy-duty torpedoes for the Hellenic
Navy, and new guided missiles for the Hellenic Air Force.
(18) The Hellenic Navy also plans to upgrade its four MEKO
200HN frigates and purchase four new multirole frigates of an
undisclosed type, to be accompanied by 4 MH-60R anti-
submarine helicopters.
(19) The Hellenic Air Force plans to fully upgrade its
fleet of F-16 jets to the F-16 Viper variant by 2027 and has
expressed interest in participating in the F-35 Joint Strike
Fighter program.
SEC. 6213. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Greece is a pillar of stability in the Eastern
Mediterranean region and the United States should remain
committed to supporting its security and prosperity;
(2) the 3+1 format of cooperation among Cyprus, Greece,
Israel, and the United States has been a successful forum to
cooperate on energy issues and should be expanded to include
other areas of common concern to the members;
(3) the United States should increase and deepen efforts to
partner with and support the modernization of the Greek
military;
[[Page S8721]]
(4) it is in the interests of the United States that Greece
continue to transition its military equipment away from
Russian-produced platforms and weapons systems through the
European Recapitalization Incentive Program;
(5) the United States Government should continue to deepen
strong partnerships with the Greek military, especially in
co-development and co-production opportunities with the Greek
Navy;
(6) the naval partnerships with Greece at Souda Bay and
Alexandroupolis are mutually beneficial to the national
security of the United States and Greece;
(7) the United States should, as appropriate, support the
sale of F-35 Joint Strike Fighters to Greece;
(8) the United States Government should continue to invest
in International Military Education and Training (IMET)
programs in Greece;
(9) the United States Government should support joint
maritime security cooperation exercises with Cyprus, Greece,
and Israel;
(10) in accordance with its legal authorities and project
selection criteria, the United States Development Finance
Corporation should consider supporting private investment in
strategic infrastructure projects in Greece, to include
shipyards and ports that contribute to the security of the
region and Greece's prosperity;
(11) the extension of the Mutual Defense Cooperation
Agreement with Greece for a period of five years includes
deepened partnerships at Greek military facilities throughout
the country and is a welcome development; and
(12) the United States Government should establish the
United States-Eastern Mediterranean Energy Center as
authorized in the Eastern Mediterranean Energy and Security
Partnership Act of 2019.
SEC. 6214. FUNDING FOR EUROPEAN RECAPITALIZATION INCENTIVE
PROGRAM.
(a) In General.--To the maximum extent feasible, of the
funds appropriated for the European Recapitalization
Incentive Program, $25,000,000 for each of fiscal years 2022
through 2026 should be considered for Greece as appropriate
to assist the country in meeting its defense needs and
transitioning away from Russian-produced military equipment.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report that
provides a full accounting of all funds distributed under the
European Recapitalization Incentive Program, including--
(1) identification of each recipient country;
(2) a description of how the funds were used; and
(3) an accounting of remaining equipment in recipient
countries that was provided by the then-Soviet Union or
Russian Federation.
SEC. 6215. SENSE OF CONGRESS ON LOAN PROGRAM.
It is the sense of Congress that, as appropriate, the
United States Government should provide direct loans to
Greece for the procurement of defense articles, defense
services, and design and construction services pursuant to
the authority of section 23 of the Arms Export Control Act
(22 U.S.C. 2763) to support the further development of
Greece's military forces.
SEC. 6216. TRANSFER OF F-35 JOINT STRIKE FIGHTER AIRCRAFT TO
GREECE.
The President is authorized to expedite delivery of any
future F-35 aircraft to Greece once Greece is prepared to
move forward with such a purchase on such terms and
conditions as the President may require. Such transfer shall
be submitted to Congress pursuant to the certification
requirements under section 36 of the Arms Export Control Act
(22 U.S.C. 2776).
SEC. 6217. IMET COOPERATION WITH GREECE.
For each of fiscal years 2022 through 2026, $1,800,000 is
authorized to be appropriated for International Military
Education and Training assistance for Greece, which may be
made available for the following purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States Armed
Forces and Greece's military to build partnerships for the
future.
(4) Enhancement of interoperability and capabilities for
joint operations.
(5) Focusing on professional military education, civilian
control of the military, and protection of human rights.
SEC. 6218. CYPRUS, GREECE, ISRAEL, AND THE UNITED STATES 3+1
INTERPARLIAMENTARY GROUP.
(a) Establishment.--There is established a group, to be
known as the ``Cyprus, Greece, Israel, and the United States
3+1 Interparliamentary Group'', to serve as a legislative
component to the 3+1 process launched in Jerusalem in March
2019.
(b) Membership.--The Cyprus, Greece, Israel, and the United
States 3+1 Interparliamentary Group shall include a group of
not more than 6 United States Senators, to be known as the
``United States group'', who shall be appointed jointly by
the majority leader and the minority leader of the Senate.
(c) Meetings.--Not less frequently than once each year, the
United States group shall meet with members of the 3+1 group
to discuss issues on the agenda of the 3+1 deliberations of
the Governments of Greece, Israel, Cyprus, and the United
States to include maritime security, defense cooperation,
energy initiatives, and countering malign influence efforts
by the People's Republic of China and the Russian Federation.
(d) Termination.--The Cyprus, Greece, Israel, and the
United States 3+1 Interparliamentary Group shall terminate 4
years after the date of the enactment of this Act.
SEC. 6219. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subtitle, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
SEC. 6501. REPORT ON SENSING CAPABILITIES OF THE DEPARTMENT
OF DEFENSE TO ASSIST FIGHTING WILDFIRES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Director of National Intelligence and
such other head of an agency or department as the Secretary
determines appropriate, submit to the appropriate
congressional committees a report on the capabilities of the
Department of Defense to assist fighting wildfires through
the use and analysis of satellite and other aerial survey
technology.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) An examination of the current and future sensing
requirements for the wildfire fighting and analysis
community.
(2) Identification of assets of the Department of Defense
and intelligence community that can provide data that is
relevant to the requirements under paragraph (1), including
an examination of such assets that--
(A) are currently available;
(B) are in development; and
(C) have been formally proposed by a department or agency
of the Federal Government, but which have not yet been
approved by Congress.
(3) With respect to the assets identified under paragraph
(2)(A), an examination of how close the data such assets
provide comes to meeting the wildfire management and
suppression community needs.
(4) An identification of the total and breakdown of costs
reimbursed to the Department of Defense during the five-year
period preceding the date of the report for reimbursable
requests for assistance from lead departments or agencies of
the Federal Government responding to natural disasters,
including an assessment of the feasibility of not charging or
requiring reimbursement for satellite time used in emergency
response for wildfires.
(5) A discussion of the feasibility of establishing
capabilities at civilian agencies such as the National
Oceanic and Atmospheric Administration or the National
Aeronautics and Space Administration to replicate or
supplement the FireGuard program.
(6) A discussion of issues involved in producing
unclassified products using unclassified and classified
assets, and policy options for Congress regarding that
translation, including by explicitly addressing
classification choices that could ease the application of
data from such assets to wildfire detection and tracking.
(7) Identification of options to address gaps between
requirements and capabilities to be met by additional
solutions, whether from the Department of Defense, the
intelligence community, or from the civil or commercial
domain.
(8) A retrospective analysis to determine whether the
existing data could have been used to defend against past
fires.
(9) Options for the Department of Defense to assist the
Department of Agriculture, the Department of the Interior,
the Department of Energy, the National Aeronautics and Space
Administration, the National Oceanic and Atmospheric
Administration, the National Institute of Standards and
Technology, the National Science Foundation, and State and
local governments in identifying and responding to wildfires.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services, the Committee on
Agriculture, Nutrition, and Forestry, the Committee on
Commerce, Science, and Transportation, the Committee on
Energy and Natural Resources, and the Select Committee on
Intelligence of the Senate.
(B) The Committee on Armed Services, the Committee on
Agriculture, the Committee on Natural Resources, the
Committee on Science, Space, and Technology, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) 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. 6502. ACTIVE PROTECTION OF THE MAJOR RANGE AND TEST
FACILITY BASE.
(a) Authority.--The Secretary of Defense may take, and may
authorize members of the Armed Forces and officers and
civilian employees of the Department of Defense to take, such
actions described in subsection (b) as are necessary to
mitigate the threat, as determined by the Secretary, that a
space-
[[Page S8722]]
based asset may pose to the security or operation of the
Major Range and Test Facility Base (as defined in section
196(i) of title 10, United States Code).
(b) Actions Described.--The actions described in this
subsection are the following:
(1) To detect, identify, monitor, and track space-based
assets without consent.
(2) Consistent with the statutory authority of the
Secretary, to take such proactive actions as necessary to
ensure that the Major Range and Test Facility Base is able to
perform its intended function and meet operational and
security requirements.
SEC. 6503. MODIFICATION TO ESTIMATE OF DAMAGES FROM FEDERAL
COMMUNICATIONS COMMISSION ORDER 20-48.
Section 1664 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``or any subsequent fiscal year'' after
``fiscal year 2021''; and
(2) by adding at the end the following new subsections:
``(d) Distribution of Estimate.--As soon as practicable
after submitting an estimate as described in paragraph (1) of
subsection (a) and making the certification described in
paragraph (2) of such subsection, the Secretary shall make
such estimate available to any licensee operating under the
Order and Authorization described in such subsection.
``(e) Authority of Secretary of Defense to Seek Recovery of
Costs.--The Secretary may work directly with any licensee (or
any future assignee, successor, or purchaser) affected by the
Order and Authorization described in subsection (a) to seek
recovery of costs incurred by the Department as a result of
the effect of such order and authorization.
``(f) Reimbursement.--
``(1) In general.--The Secretary shall establish and
facilitate a process for any licensee (or any future
assignee, successor, or purchaser) subject to the Order and
Authorization described in subsection (a) to provide
reimbursement to the Department, only to the extent provided
in appropriation Acts, for the covered costs and eligible
reimbursable costs submitted and certified to the
congressional defense committees under such subsection.
``(2) Use of funds.--The Secretary shall use any funds
received under this subsection, to the extent and in such
amounts as are provided in advance in appropriation Acts, for
covered costs described in subsection (b) and the range of
eligible reimbursable costs identified under subsection
(a)(1).
``(3) Report.--Not later than 90 days after the date on
which the Secretary establishes the process required by
paragraph (1), the Secretary shall submit to the
congressional defense committees a report on such process.
``(g) Good Faith.--The execution of the responsibilities of
this section by the Department shall be considered to be good
faith actions pursuant to paragraph 104 of the Order and
Authorization described in subsection (a).''.
SEC. 6504. SEMIANNUAL NOTIFICATIONS REGARDING MISSILE DEFENSE
TESTS AND COSTS.
(a) Semiannual Notifications Required.--For each period
described in subsection (b), the Director of the Missile
Defense Agency shall submit to the congressional defense
committees a notification of all--
(1) flight tests (intercept and non-intercept) planned to
occur during the period covered by the notification based on
the Integrated Master Test Plan the Director used to support
the President's budget submission under section 1105 of title
31, United States Code, for the fiscal year of the period
covered; and
(2) ground tests planned to occur during such period based
on such plan.
(b) Periods Covered.--For purposes of this section, the
periods covered under this section are--
(1) the first 180-calendar-day period beginning on the date
that is 90 days after the date of the enactment of this Act;
and
(2) each subsequent, sequential 180-calendar-day period
beginning thereafter until the date that is five years and 90
calendar days after the date of the enactment of this Act.
(c) Timing of Notification Submittal.--Each notification
submitted under subsection (a) for a period described in
subsection (b) shall be submitted--
(1) not earlier than 30 calendar days before the last day
of the period; and
(2) not later than the last day of the period.
(d) Contents.--Each notification submitted under subsection
(a) shall include the following:
(1) For the period covered by the notification:
(A) With respect to each flight test described in
subsection (a)(1), the following:
(i) The entity responsible for leading the flight test
(such as the Missile Defense Agency, the Army, or the Navy)
and the classification level of the flight test.
(ii) The planned cost (the most recent flight test cost
estimate, including interceptors and targets), the actual
costs and expenditures to-date, and an estimate of any
remaining costs and expenditures.
(iii) All funding (including any appropriated, transferred,
or reprogrammed funding) the Agency has received to-date for
the flight test.
(iv) All changes made to the scope and objectives of the
flight test and an explanation for such changes.
(v) The status of the flight test, such as conducted-
objectives achieved, conducted-objectives not achieved
(failure or no-test), delayed, or canceled.
(vi) In the event of a flight test status of conducted-
objectives not achieved (failure or no-test), delayed, or
canceled--
(I) the reasons the flight test did not succeed or occur;
(II) in the event of a flight test status of failure or no-
test, the plan and cost estimate to retest, if necessary, and
any contractor liability, if appropriate;
(III) in the event of a flight test delay, the fiscal year
and quarter the objectives were first planned to be met, the
names of the flight tests the objectives have been moved to,
the aggregate duration of the delay to-date, and, if
applicable, any risks to the warfighter from the delay; and
(IV) in the event of a flight test cancellation, the fiscal
year and quarter the objectives were first planned to be met,
whether the objectives from the canceled test were met by
other means, moved to a different flight test, or removed, a
revised spend plan for the remaining funding the agency
received for the flight test to-date, and, if applicable, any
risks to the warfighter from the cancellation; and
(vii) the status of any decisions reached by failure review
boards open or completed during the period covered by the
notification.
(B) With respect to each ground test described in
subsection (a)(2), the following:
(i) The planned cost (the most recent ground test cost
estimate), the actual costs and expenditures to-date, and an
estimate of any remaining costs and expenditures.
(ii) The designation of the ground test, whether
developmental, operational, or both.
(iii) All changes made to the scope and objectives of the
ground test and an explanation for such changes.
(iv) The status of the ground test, such as conducted-
objectives achieved, conducted-objectives not achieved
(failure or no-test), delayed, or canceled.
(v) In the case of a ground test status of conducted-
objectives not achieved (failure or no-test), delayed, or
canceled--
(I) the reasons the ground test did not succeed or occur;
and
(II) if applicable, any risks to the warfighter from the
ground test not succeeding or occurring;
(vi) The participating system and element models used for
conducting ground tests and the accreditation status of the
participating system and element models.
(vii) Identification of any cybersecurity tests conducted
or planned to be conducted as part of the ground test.
(viii) For each cybersecurity test identified under
subparagraph (G), the status of the cybersecurity test, such
as conducted-objectives achieved, conducted-objectives not
achieved (failure or no-test), delayed, or canceled.
(ix) In the case of a cybersecurity test identified under
subparagraph (G) with a status of conducted-objectives, not
achieved, delayed, or canceled--
(I) the reasons for such status; and
(II) any risks, if applicable, to the warfighter from the
cybersecurity test not succeeding or occurring.
(2) To the degree applicable and known, the matters covered
by paragraph (1) but for the period subsequent to the covered
period.
(e) Additional Matters.--
(1) Events spanning multiple notification periods.--Events
that span from one period described in subsection (b) into
another described in such subsection, such as a the case of a
failure review board convening in one period and reaching a
decision in the following period, shall be covered by
notifications under subsection (a) for both periods.
(2) Form.--Each notification submitted under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 6505. BRIEFING ON CONSULTATIONS WITH UNITED STATES
ALLIES REGARDING NUCLEAR POSTURE REVIEW.
(a) In General.--Not later than January 31, 2022, the
Secretary of Defense, in coordination with the Secretary of
State, shall brief the appropriate congressional committees
on all consultations with United States allies regarding the
2021 Nuclear Posture Review.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) A listing of all countries consulted with respect to
the 2021 Nuclear Posture Review, including the dates and
circumstances of each such consultation and the countries
present.
(2) An overview of the topics and concepts discussed with
each such country during such consultations, including any
discussion of potential changes to the nuclear declaratory
policy of the United States.
(3) A summary of any feedback provided during such
consultations.
(c) Form.--The briefing required by subsection (a) shall be
conducted in both in an unclassified and classified format.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
[[Page S8723]]
TITLE LXVI--CYBERSPACE-RELATED MATTERS
SEC. 6601. MATTERS CONCERNING CYBER PERSONNEL EDUCATION
REQUIREMENTS.
(a) In General.--The Director of National Intelligence
shall--
(1) assess current cyber education curricula and
requirements for civilian personnel of the intelligence
community, including cyberspace and information environment-
related scholarship-for-service programs, including--
(A) the CyberCorps: Scholarship for Service (SFS);
(B) the Stokes Educational Scholarship Program; and
(C) the OnRamp II Scholarship Program;
(2) recommend--
(A) cyberspace domain and information security curriculum
requirements of undergraduate- and graduate-level accredited
institutions;
(B) under which Federal department or agency such a
curriculum could be administered; and
(C) interim efforts to improve the coordination of existing
cyberspace and information environment education programs;
and
(3) identify--
(A) any counterintelligence risks or threats to the
intelligence community that establishment of such a
curriculum could create; and
(B) a cost estimate for the establishment of such a
curriculum.
(b) Report Required.--
(1) In general.--Not later than May 31, 2022, the Director
shall provide the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives a briefing and, not later than
September 30, 2022, the Director shall submit to such
committees a report on--
(A) the findings of the Director in carrying out subsection
(a);
(B) such recommendations as the Director may have for
personnel education needs in the cyberspace domain; and
(C) any legislative or administrative action the Director
identifies as necessary to effectively meet cyber personnel
education requirements.
(2) Form.--In presenting and submitting findings under
paragraph (1), the Director may--
(A) when providing the briefing required by such paragraph,
present such findings in a classified setting; and
(B) when submitting the report required by such paragraph,
include such findings in a classified annex.
(c) Definitions.--In this section:
(1) Education.--The term ``education'' includes formal
education requirements, such as degrees and certification in
targeted subject areas.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 6602. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS WITH
INTERNET ECOSYSTEM COMPANIES TO DETECT AND
DISRUPT ADVERSARY CYBER OPERATIONS.
(a) Pilot Required.--Not later than one year after the date
of the enactment of this Act, the Secretary shall, acting
through the Director of the Cybersecurity and Infrastructure
Security Agency and in coordination with the Secretary of
Defense and National Cyber Director, establish and commence a
pilot program to assess the feasibility and advisability of
entering into public-private partnerships with internet
ecosystem companies to facilitate, within the bounds of the
applicable provisions of law and companies' terms of service,
policies, procedures, contracts, and other agreements,
actions by such companies to discover and disrupt use of the
platforms, systems, services, and infrastructure of such
companies by malicious cyber actors.
(b) Public-private Partnerships.--
(1) In general.--Under the pilot program required by
subsection (a), the Secretary shall seek to enter into one or
more public-private partnerships with internet ecosystem
companies to facilitate actions as described in subsection
(a).
(2) Voluntary participation.--(A) Participation by an
internet ecosystem company in a public-private partnership
under the pilot program shall be voluntary.
(B) Participation by an internet ecosystem company in any
activity under the pilot program set forth in subsection (c),
or otherwise occurring under the pilot program, shall be
voluntary.
(C) No funds appropriated by any Act may be used to direct,
pressure, coerce, or otherwise require that any internet
ecosystem company take any action on their platforms,
systems, services, and infrastructure as part of this pilot
program.
(c) Authorized Activities.--In establishing and conducting
the pilot program under subsection (a), the Secretary may--
(1) provide assistance to a participating company in
developing effective know-your-customer processes and
requirements;
(2) provide information, analytics, and technical
assistance to improve the ability of participating companies
to detect and prevent illicit or suspicious procurement,
payment, and account creation on their own platforms,
systems, services, or infrastructure;
(3) develop and socialize best practices for the
collection, retention, and sharing of data by participating
companies to support internet ecosystem company discovery of
malicious cyber activity, investigations, and attribution on
their own platforms, systems, services, or infrastructure;
(4) provide actionable, timely, and relevant information to
participating companies, such as information about ongoing
operations and infrastructure, threats, tactics, and
procedures, and indicators of compromise, to enable such
companies to detect and disrupt the use of their platforms,
systems, services, and infrastructure by malicious cyber
actors;
(5) provide recommendations for (but not design, develop,
install, operate, or maintain) operational workflows,
assessment and compliance practices, and training that
participating internet ecosystem companies can institute
within their companies to reliably detect and disrupt the use
of their platforms, systems, services, and infrastructure by
malicious cyber actors;
(6) provide recommendations for accelerating, to the
greatest extent practicable, the automation of existing or
instituted operational workflows to operate at line-rate in
order to enable real-time mitigation without the need for
manual review or action;
(7) provide recommendations for (but not design, develop,
install, operate, or maintain) technical capabilities to
enable participating internet ecosystem companies to collect
and analyze data on malicious activities occurring on their
platforms, systems, services, and infrastructure to detect
and disrupt operations of malicious cyber actors; and
(8) provide recommendations regarding relevant mitigations
for suspected or discovered malicious cyber activity and
thresholds for action.
(d) Competition Concerns.--Consistent with section 1905 of
title 18, United States Code, the Secretary shall ensure that
any trade secret or proprietary information of a
participating internet ecosystem company made known to the
Federal Government pursuant to a public-private partnership
under the pilot program remains private and protected unless
explicitly authorized by the participating company.
(e) Impartiality.--In carrying out the pilot program under
subsection (a), the Secretary shall not take any action that
is intended primarily to advance the particular business
interests of a given company but are otherwise authorized to
take actions that advance the interests of the United States,
notwithstanding differential impact or benefit to a given
company's or given companies' business interests.
(f) Responsibilities.--
(1) Secretary of homeland security.--The Secretary shall
exercise primary responsibility for the pilot program
required by subsection (a), organizing and directing
authorized activities with participating Federal Government
organizations and internet ecosystem companies to achieve the
objectives of the pilot program.
(2) National cyber director.--The National Cyber Director
shall support prioritization and cross-agency coordination
for the pilot program required by subsection (a), including
ensuring appropriate participation by participating agencies
and the identification and prioritization of key private
sector entities and initiatives for the pilot program.
(3) Secretary of defense.--The Secretary of Defense shall
provide support and resources to the pilot program required
by subsection (a), including the provision of technical and
operational expertise drawn from appropriate and relevant
components of the Department of Defense, including the
National Security Agency, United States Cyber Command, the
Chief Information Officer, the Office of the Secretary of
Defense, military department Principal Cyber Advisors, and
the Defense Advanced Research Projects Agency.
(g) Participation of Other Federal Government Components.--
The Secretary may invite to participate in the pilot program
required by subsection (a) the heads of such departments or
agencies as the Secretary considers appropriate.
(h) Integration With Other Efforts.--The Secretary shall
ensure that the pilot program makes use of, builds upon, and,
as appropriate, integrates with and does not duplicate other
efforts of the Department of Homeland Security and the
Department of Defense relating to cybersecurity, including
the following:
(1) The Joint Cyber Defense Collaborative of the
Cybersecurity and Infrastructure Security Agency.
(2) The Cybersecurity Collaboration Center and Enduring
Security Framework of the National Security Agency.
(i) Rules of Construction.--
(1) Limitation on government access to data.--Nothing in
this section authorizes sharing of information, including
information relating to customers of internet ecosystem
companies or private individuals, from an internet ecosystem
company to an agency, officer, or employee of the Federal
Government unless otherwise authorized by another provision
of law and the Secretary shall ensure compliance with this
subsection.
(2) Stored communications act.--Nothing in this section
shall be construed to permit or require disclosure by a
provider of a remote computing service or a provider of an
electronic communication service to the public of information
not otherwise permitted or required to be disclosed under
chapter 121 of title 18, United States Code
[[Page S8724]]
(commonly known as the ``Stored Communications Act'')..
(3) Third party customers.--Nothing in this section shall
be construed to require a third party, such as a customer or
managed service provider of an internet ecosystem company, to
participate in the pilot program.
(j) Briefings.--
(1) Initial.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall, in
coordination with the Secretary of Defense and the National
Cyber Director, brief the appropriate committees of Congress
on the pilot program required by subsection (a).
(B) Elements.--The briefing required by subparagraph (A)
shall include the following:
(i) The plans of the Secretary for the conduct of the pilot
program under subsection (a).
(ii) Identification of key priorities for the pilot
program.
(iii) Identification of any potential challenges in
standing up the pilot program or impediments to private
sector participation in the program, such as a lack of
liability protection.
(iv) A description of the roles and responsibilities under
the pilot program of each participating Federal entity.
(2) Annual.--
(A) In general.--Not later than two years after the date of
the enactment of this Act, and annually thereafter for three
years, the Secretary shall, in coordination with the
Secretary of Defense and the National Cyber Director, brief
the appropriate committees of Congress on the progress of the
pilot program required by subsection (a).
(B) Elements.--Each briefing required by subparagraph (A)
shall include the following:
(i) Recommendations for addressing relevant policy,
budgetary, and legislative gaps to make the pilot program
more effective.
(ii) Such recommendations as the Secretary may have for
increasing private sector participation in the pilot program,
such as providing liability protection.
(iii) A description of the challenges encountered in
carrying out subsection (a), including any concerns expressed
by private sector partners regarding participation in the
pilot program.
(iv) The findings of the Secretary with respect to the
feasibility and advisability of extending or expanding the
pilot program
(v) Such other matters as the Secretary considers
appropriate.
(k) Termination.--The pilot program required by subsection
(a) shall terminate on the date that is five years after the
date of the enactment of this Act.
(l) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of the Senate;
and
(B) the Committee on Homeland Security and the Committee on
Armed Services of the House of Representatives.
(2) The term ``internet ecosystem company'' means a
business incorporated in the United States that provide
cybersecurity services, internet service, content delivery
services, Domain Name Service, cloud services, mobile
telecommunications services, email and messaging services,
internet browser services, or such other services as the
Secretary determines appropriate for the purposes of the
pilot program required by subsection (a).
(3) The term ``participating company'' means an internet
ecosystem company that has entered into a public-private
partnership with the Secretary under subsection (b).
(4) The term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 6603. BRIEFING ON DEPARTMENT OF DEFENSE INTEROPERABILITY
FOR DATA ANALYTICS.
(a) Briefing Required.--Not later than 60 days after the
date of the enactment of this Act, the Chief Data Officer of
the Department of Defense shall brief the congressional
defense committees on the activities the Department is
undertaking to ensure that authoritative enterprise data is
available to and interoperable among multiple data management
and analytics platforms for the Secretary of Defense, Deputy
Secretary of Defense, Principal Staff Assistants, and
components of the Department in adherence with an open data
standard architecture.
(b) Elements.--The briefing provided under subsection (a)
shall include the following:
(1) An assessment of how data analytics platforms currently
in use adhere to an open data standard architecture in
accordance with the Deputy Secretary of Defense's memorandum
on Creating Data Advantage.
(2) A description of the process and metrics used by the
Chief Data Officer to approve additional platforms for use.
(3) A plan to federate data that can be accessed across the
enterprise, wherever it exists, by multiple data analytics
platforms.
(4) An assessment of the cybersecurity benefits derived
through implementing a diversity of data platforms.
(5) An assessment of the ability to better meet unique
mission requirements at the edge via operator access to
competitive, multi-tool analytics platforms.
TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS
SEC. 7801. COMPTROLLER GENERAL STUDY ON MANAGEMENT BY
DEPARTMENT OF DEFENSE OF MILITARY HOUSING IN
AREAS WITH LIMITED AVAILABLE HOUSING FOR
PRIVATE CITIZENS.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the management by the
Department of Defense of privatized military housing and
military housing owned by the Department in areas with
limited available housing for private citizens.
(b) Elements.--In conducting the study under subsection
(a), the Comptroller General shall assess the following:
(1) The extent to which the Department--
(A) tracks the availability of private sector housing in
areas surrounding installations of the Department;
(B) identifies the percentage of members of the Armed
Forces at installations of the Department who choose to
reside in private sector housing; and
(C) assesses the impact of the population identified under
subparagraph (B) on the housing supply in the areas in which
they reside.
(2) How the Department coordinates and communicates with
local communities surrounding installations of the Department
regarding the potential impact of the military population on
housing supply.
(3) The process of the Department for determining when to
establish new privatized housing projects under subchapter IV
of chapter 169 of title 10, United States Code, including the
extent to which the Department has identified surplus land on
installations of the Department and determined the
feasibility and advisability of using such land for the
development of additional housing units for members of the
Armed Forces.
(c) Housing Areas.--In conducting the study under
subsection (a), the Comptroller General may focus such study
on the management of military housing in certain geographical
areas.
(d) Briefing and Report.--
(1) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General shall provide
to the Committees on Armed Services of the Senate and the
House of Representatives an interim briefing on the study
conducted under subsection (a), including any preliminary
observations..
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the study conducted
under subsection (a).
(e) Privatized Military Housing Defined.--In this section,
the term ``privatized military housing'' means military
housing provided under subchapter IV of chapter 169 of title
10, United States Code.
TITLE LXXXI--NATIONAL SECURITY PROGRAMS AND AUTHORIZATIONS
SEC. 8101. REPORT ON PLANT-DIRECTED RESEARCH AND DEVELOPMENT.
Section 4812A of the Atomic Energy Defense Act (50 U.S.C.
2793) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Plant-directed Research and Development.--
``(1) In general.--The report required by subsection (a)
shall include, with respect to plant-directed research and
development, the following:
``(A) A financial accounting of expenditures for such
research and development, disaggregated by nuclear weapons
production facility.
``(B) A breakdown of the percentage of research and
development conducted by each such facility that is plant-
directed research and development.
``(C) An explanation of how each such facility plans to
increase the availability and utilization of funds for plant-
directed research and development.
``(2) Plant-directed research and development defined.--In
this subsection, the term `plant-directed research and
development' means research and development selected by the
director of a nuclear weapons production facility.''.
TITLE XC--FUNDING TABLES
SEC. 9101. INCREASED FUNDING FOR HEAVY TACTICAL TRUCKS.
(a) Increased Funding.--(1) The funding table in section
4101 is hereby deemed to include, after the item relating to
PLS ESP, an item relating to ``Hvy Expanded Mobile Tactical
Truck Ext Serv'' with ``109,000'' in the Senate Authorized
column.
(2) In the funding table in section 4101, in the item
relating to Total Other Procurement, Army, the amount in the
Senate Authorized column is deemed to be ``8,989,492''.
(3) In the funding table in section 4101, in the item
relating to Total Procurement, the amount in the Senate
Authorized column is deemed to be ``144,163,529''.
(b) Offset.--(1) In the funding table in section 4301, in
the item relating to Afghan National Army, in the item
relating to Sustainment, the amount in the Senate Authorized
ios deemed to be ``944,668''.
(2) In the funding table in section 4301, in the item
relating to Subtotal Afghan National Army, the amount in the
Senate Authorized column is deemed to be ``1,001,234''.
(3) In the funding table in section 4301, in the item
relating to Total Afghan Security Forces Fund, the amount in
the Senate Authorized column is deemed to be ``3,218,810''.
(4) In the funding table in section 4301, in the item
relating to Total Operation and
[[Page S8725]]
Maintenance, the amount in the Senate Authorized column is
deemed to be ``260,462,205''.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2022
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Intelligence Authorization Act for Fiscal Year 2022''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2022
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE MATTERS
Subtitle A--Intelligence Community Matters
Sec. 301. Increasing agricultural and commercial intelligence measures.
Sec. 302. Plan for allowing contracts with providers of services
relating to sensitive compartmented information
facilities.
Sec. 303. Plan to establish commercial geospatial intelligence data and
services program office.
Sec. 304. Investment strategy for commercial geospatial intelligence
services acquisition.
Sec. 305. Central Intelligence Agency Acquisition Innovation Center
report, strategy, and plan.
Sec. 306. Improving authorities relating to national
counterintelligence and security.
Sec. 307. Removal of Chief Information Officer of the Intelligence
Community from level IV of the Executive Schedule.
Sec. 308. Requirements relating to construction of facilities to be
used primarily by intelligence community.
Sec. 309. Director of National Intelligence support for intelligence
community diversity, equity, inclusion, and accessibility
activities.
Sec. 310. Establishment of Diversity, Equity, and Inclusion Officer of
the Intelligence Community.
Sec. 311. Annual report evaluating collaboration between the National
Reconnaissance Office and the Space Force.
Sec. 312. Director of National Intelligence declassification review of
information relating to terrorist attacks of September
11, 2001.
Sec. 313. Establishment of Chaplain Corps of the Central Intelligence
Agency.
Sec. 314. Pilot program on recruitment and retention in Office of
Intelligence and Analysis of the Department of the
Treasury.
Sec. 315. Pilot program on student loan repayment at Office of
Intelligence and Analysis of Department of the Treasury.
Sec. 316. Prohibition on collection and analysis of United States
persons' information by intelligence community based on
First Amendment-protected activities.
Sec. 317. Sense of the Senate on the use of intelligence community
resources for collection, assessment, and analysis of
information pertaining exclusively to United States
persons absent a foreign nexus.
Subtitle B--Inspector General of the Intelligence Community
Sec. 321. Submittal of complaints and information by whistleblowers in
the intelligence community to Congress.
Sec. 322. Definitions and authorities regarding whistleblower
complaints and information of urgent concern received by
Inspectors General of the intelligence community.
Sec. 323. Harmonization of whistleblower protections.
Sec. 324. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure by employees
and contractors in intelligence community.
Sec. 325. Congressional oversight of controlled access programs.
Subtitle C--Reports and Assessments Pertaining to the Intelligence
Community
Sec. 331. Report on efforts to build an integrated hybrid space
architecture.
Sec. 332. Report on Project Maven transition.
Sec. 333. Assessment of intelligence community counternarcotics
capabilities.
Sec. 334. Assessment of intelligence community's intelligence-sharing
relationships with Latin American partners in
counternarcotics.
Sec. 335. Report on United States Southern Command intelligence
capabilities.
Sec. 336. Director of National Intelligence report on trends in
technologies of strategic importance to United States.
Sec. 337. Report on Nord Stream II companies and intelligence ties.
Sec. 338. Assessment of Organization of Defensive Innovation and
Research activities.
Sec. 339. Report on intelligence community support to Visas Mantis
program.
Sec. 340. Plan for artificial intelligence digital ecosystem.
Sec. 341. Study on utility of expanded personnel management authority.
Sec. 342. Assessment of role of foreign groups in domestic violent
extremism.
Sec. 343. Report on the assessment of all-source cyber intelligence
information, with an emphasis on supply chain risks.
Sec. 344. Support for and oversight of Unidentified Aerial Phenomena
Task Force.
Sec. 345. Publication of unclassified appendices from reports on
intelligence community participation in Vulnerabilities
Equities Process.
Sec. 346. Report on future structure and responsibilities of Foreign
Malign Influence Center.
Subtitle D--People's Republic of China
Sec. 351. Assessment of posture and capabilities of intelligence
community with respect to actions of the People's
Republic of China targeting Taiwan.
Sec. 352. Plan to cooperate with intelligence agencies of key
democratic countries regarding technological competition
with People's Republic of China.
Sec. 353. Assessment of People's Republic of China genomic collection.
Sec. 354. Updates to annual reports on influence operations and
campaigns in the United States by the Chinese Communist
Party.
Sec. 355. Report on influence of People's Republic of China through
Belt and Road Initiative projects with other countries.
Sec. 356. Study on the creation of an official digital currency by the
People's Republic of China.
Sec. 357. Report on efforts of Chinese Communist Party to erode freedom
and autonomy in Hong Kong.
Sec. 358. Report on targeting of renewable sectors by China.
TITLE IV--ANOMALOUS HEALTH INCIDENTS
Sec. 401. Definition of anomalous health incident.
Sec. 402. Assessment and report on interagency communication relating
to efforts to address anomalous health incidents.
Sec. 403. Advisory panel on the Office of Medical Services of the
Central Intelligence Agency.
Sec. 404. Joint task force to investigate anomalous health incidents.
Sec. 405. Reporting on occurrence of anomalous health incidents.
Sec. 406. Access to certain facilities of United States Government for
assessment of anomalous health conditions.
TITLE V--SECURITY CLEARANCES AND TRUSTED WORKFORCE
Sec. 501. Exclusivity, consistency, and transparency in security
clearance procedures, and right to appeal.
Sec. 502. Federal policy on sharing of covered insider threat
information pertaining to contractor employees in the
trusted workforce.
Sec. 503. Performance measures regarding timeliness for personnel
mobility.
Sec. 504. Governance of Trusted Workforce 2.0 initiative.
TITLE VI--OTHER INTELLIGENCE MATTERS
Sec. 601. Periodic reports on technology strategy of intelligence
community.
Sec. 602. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 603. Reports on intelligence support for and capacity of the
Sergeants at Arms of the Senate and the House of
Representatives and the United States Capitol Police.
Sec. 604. Study on vulnerability of Global Positioning System to
hostile actions.
Sec. 605. Authority for transportation of federally owned canines
associated with force protection duties of intelligence
community.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence and the Committee
on Appropriations of the Senate; and
[[Page S8726]]
(B) the Permanent Select Committee on Intelligence and the
Committee on Appropriations of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2022 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(17) The Space Force.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the elements listed in paragraphs
(1) through (17) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany
this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2022 the sum of $615,600,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2022 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2022.
TITLE III--GENERAL INTELLIGENCE MATTERS
Subtitle A--Intelligence Community Matters
SEC. 301. INCREASING AGRICULTURAL AND COMMERCIAL INTELLIGENCE
MEASURES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Agriculture, Nutrition, and Forestry,
the Committee on Armed Services, the Committee on Commerce,
Science, and Transportation, the Committee on Banking,
Housing, and Urban Affairs, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Agriculture, the Committee on Armed
Services, the Committee on Energy and Commerce, the Committee
on Financial Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress a report detailing the options for the
intelligence community to improve intelligence support to the
Department of Agriculture and the Department of Commerce.
(c) Form.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 302. PLAN FOR ALLOWING CONTRACTS WITH PROVIDERS OF
SERVICES RELATING TO SENSITIVE COMPARTMENTED
INFORMATION FACILITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
(b) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a plan for allowing elements of the intelligence
community to contract with providers of services relating to
sensitive compartmented information facilities for use of
those facilities by businesses and organizations on contracts
at multiple security levels.
(c) Elements.--The plan required by subsection (b) shall
include the following:
(1) An explanation of how the Director of National
Intelligence will leverage the contracting methodology the
National Reconnaissance Office has used to provide leased
sensitive compartmented information facility space to
businesses and organizations.
(2) Policy and budget guidance to incentivize Federal
agencies to implement the plan required by subsection (b).
SEC. 303. PLAN TO ESTABLISH COMMERCIAL GEOSPATIAL
INTELLIGENCE DATA AND SERVICES PROGRAM OFFICE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
(b) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, the Director of the National
Reconnaissance Office and the Director of the National
Geospatial-Intelligence Agency, in consultation with the
Director of National Intelligence, shall jointly develop and
submit to the appropriate committees of Congress a plan to
establish a colocated joint commercial geospatial
intelligence data and services program office.
(c) Contents.--The plan required by subsection (b) shall
include the following:
(1) Milestones for implementation of the plan.
(2) An updated acquisition strategy that--
(A) provides for an annual evaluation of new commercially
available capabilities with opportunities for new entrants;
(B) provides for a flexible contract approach that will
rapidly leverage innovative commercial geospatial
intelligence data capabilities to meet new intelligence
challenges informed by operational requirements; and
(C) considers efficiencies to be gained from closely
coordinated acquisitions of geospatial intelligence data and
services.
(3) An organizational structure of the joint office that--
(A) shares responsibilities and equities between the
National Reconnaissance Office and the National Geospatial-
Intelligence Agency;
(B) specifies as the head of the office a representative
from the National Geospatial-Intelligence Agency; and
(C) specifies as the deputy head of the office a
representative from the National Reconnaissance Office.
SEC. 304. INVESTMENT STRATEGY FOR COMMERCIAL GEOSPATIAL
INTELLIGENCE SERVICES ACQUISITION.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Strategy Required.--Not later than 90 days after the
date of the enactment of this Act, the Director of the
National Geospatial-Intelligence Agency, in consultation with
the Director of National Intelligence and the Secretary of
Defense, shall submit to the appropriate committees of
Congress an investment strategy for the acquisition of
commercial geospatial intelligence data services and
analytics by the National Geospatial-Intelligence Agency.
(c) Contents.--The strategy required by subsection (b)
shall include the following:
(1) A plan to increase purchases of unclassified geospatial
intelligence data services and analytics to meet global
mission requirements of the National Geospatial-Intelligence
Agency while maximizing enterprise access agreements for
procured data and services.
[[Page S8727]]
(2) An articulation of the relationship between geospatial
intelligence data and services and how such data and services
are purchased, identifying in particular any challenges to
procuring such services independent of the underlying data.
SEC. 305. CENTRAL INTELLIGENCE AGENCY ACQUISITION INNOVATION
CENTER REPORT, STRATEGY, AND PLAN.
(a) Requirement for Report and Strategy.--Not later than
120 days after the date of the enactment of this Act, the
Director of the Central Intelligence Agency shall submit to
the congressional intelligence committees--
(1) a report stating the mission and purpose of the
Acquisition Innovation Center of the Agency; and
(2) a strategy for incorporating the Acquisition Innovation
Center into the standard operating procedures and procurement
and acquisition practices of the Agency.
(b) Requirement for Implementation Plan.--Not later than
120 days after the date of the enactment of this Act, the
Director shall, using the findings of the Director with
respect to the report submitted under subsection (a)(1),
submit to the congressional intelligence committees an
implementation plan that addresses--
(1) how the Director will ensure the contracting officers
of the Agency and the technical representatives of the
Acquisition Innovation Center for the contracting officers
have access to the technical expertise required to inform
requirements development, technology maturity assessments,
and monitoring of acquisitions;
(2) how the plan specifically applies to technical
industries, including telecommunications, software,
aerospace, and large-scale construction; and
(3) projections for resources necessary to support the
Acquisition Innovation Center, including staff, training, and
contracting support tools.
SEC. 306. IMPROVING AUTHORITIES RELATING TO NATIONAL
COUNTERINTELLIGENCE AND SECURITY.
(a) Duties of the Director of the National
Counterintelligence and Security Center.--Section 902(c) of
the Counterintelligence Enhancement Act of 2002 (50 U.S.C.
3382(c)) is amended by adding at the end the following:
``(5) To organize and lead strategic planning for
counterintelligence activities in support of National
Counterintelligence Strategy objectives and other national
counterintelligence priorities by integrating all instruments
of national power, including diplomatic, financial, military,
intelligence, homeland security, and coordination with law
enforcement activities, within and among Federal agencies.''.
(b) Changes to the Functions of the National
Counterintelligence and Security Center.--
(1) Evaluation of implementation of national
counterintelligence strategy.--Paragraph (3) of section
904(d) of such Act (50 U.S.C. 3383(d)) is amended to read as
follows:
``(3) Implementation of national counterintelligence
strategy.--To evaluate on an ongoing basis the implementation
of the National Counterintelligence Strategy by the
intelligence community and other appropriate elements of the
United States Government and to submit to the President, the
congressional intelligence committees (as defined in section
3 of the National Security Act of 1947 (50 U.S.C. 3003)), the
National Security Council, the Director of the Office of
Management and Budget, and the National Counterintelligence
Policy Board periodic reports on such evaluation, including a
discussion of any shortfalls in the implementation of the
Strategy and recommendations for remedies for such
shortfalls.''.
(2) National counterintelligence program budget.--Paragraph
(5) of such section is amended--
(A) in subparagraph (A)--
(i) by inserting ``oversee and'' before ``coordinate''; and
(ii) by inserting ``in furtherance of the National
Counterintelligence Strategy and other strategic
counterintelligence priorities'' before ``of the Department
of Defense''; and
(B) in subparagraph (C), by striking ``the National
Security Council'' and inserting ``the congressional
intelligence committees (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), the National
Security Council, the Director of the Office of Management
and Budget, and the National Counterintelligence Policy
Board''.
(3) National counterintelligence outreach, watch, and
warning.--
(A) Counterintelligence vulnerability risk assessments.--
Subparagraph (A) of paragraph (7) of such section is amended
by striking ``surveys of the vulnerability of the United
States Government, and the private sector,'' and inserting
``counterintelligence risk assessments and surveys of the
vulnerability of the United States''.
(B) Outreach.--Subparagraph (B) of such paragraph is
amended to read as follows:
``(B) Outreach.--
``(i) Outreach programs and activities.--To carry out and
coordinate, consistent with other applicable provisions of
law and in consultation with appropriate Federal departments
and agencies, outreach programs and outreach activities on
counterintelligence to other elements of the United States
Government, State, local, and Tribal governments, foreign
governments and allies of the United States, the private
sector, and United States academic institutions.
``(ii) Public warnings.--To coordinate the dissemination to
the public of warnings on intelligence threats to the United
States.''.
SEC. 307. REMOVAL OF CHIEF INFORMATION OFFICER OF THE
INTELLIGENCE COMMUNITY FROM LEVEL IV OF THE
EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by
striking ``Chief Information Officer of the Intelligence
Community''.
SEC. 308. REQUIREMENTS RELATING TO CONSTRUCTION OF FACILITIES
TO BE USED PRIMARILY BY INTELLIGENCE COMMUNITY.
Section 602(a) of the Intelligence Authorization Act for
Fiscal Year 1995 (50 U.S.C. 3304(a)) is amended--
(1) in paragraph (1), by striking ``$5,000,000'' and
inserting ``$6,000,000''; and
(2) in paragraph (2), by striking ``$5,000,000'' and
inserting ``$6,000,000''.
SEC. 309. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR
INTELLIGENCE COMMUNITY DIVERSITY, EQUITY,
INCLUSION, AND ACCESSIBILITY ACTIVITIES.
(a) In General.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et. seq.) is amended by adding at the
end the following:
``SEC. 1111. SUPPORT FOR INTELLIGENCE COMMUNITY DIVERSITY,
EQUITY, INCLUSION, AND ACCESSIBILITY
ACTIVITIES.
``(a) Definition of Covered Workforce Activities.--In this
section, the term `covered workforce activities' includes--
``(1) activities relating to the recruitment or retention
of personnel in the workforce of the intelligence community;
and
``(2) activities relating to the workforce of the
intelligence community and diversity, equity, inclusion, or
accessibility.
``(b) Authority to Support Covered Workforce Activities.--
Notwithstanding any other provision of law and subject to the
availability of appropriations made available to the Director
of National Intelligence for covered workforce activities,
the Director may, with or without reimbursement, support such
covered workforce activities of the various elements of the
intelligence community as the Director determines will
benefit the intelligence community as a whole.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 1110 the following:
``Sec. 1111. Support for intelligence community diversity, equity,
inclusion, and accessibility activities.''.
SEC. 310. ESTABLISHMENT OF DIVERSITY, EQUITY, AND INCLUSION
OFFICER OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is amended by inserting after
section 103J (50 U.S.C. 3034a) the following:
``SEC. 103K. DIVERSITY, EQUITY, AND INCLUSION OFFICER OF THE
INTELLIGENCE COMMUNITY.
``(a) Diversity, Equity, and Inclusion Officer of the
Intelligence Community.--Within the Office of the Director of
National Intelligence, there is a Diversity, Equity, and
Inclusion Officer of the Intelligence Community who shall be
appointed by the Director of National Intelligence.
``(b) Duties.--The Diversity, Equity, and Inclusion Officer
of the Intelligence Community shall--
``(1) serve as the principal advisor to the Director of
National Intelligence and the Principal Deputy Director of
National Intelligence on diversity, equity, and inclusion in
the intelligence community;
``(2) lead the development and implementation of strategies
and initiatives to advance diversity, equity, and inclusion
in the intelligence community; and
``(3) perform such other duties, consistent with paragraphs
(1) and (2), as may be prescribed by the Director.
``(c) Annual Reports to Congress.--Not less frequently than
once each year, the Diversity, Equity, and Inclusion Officer
of the Intelligence Community shall submit to the
congressional intelligence communities a report on the
implementation of the strategies and initiatives developed
pursuant to subsection (b)(2) and the execution of related
expenditures.
``(d) Prohibition on Simultaneous Service as Other
Diversity, Equity, and Inclusion or Equal Employment
Opportunity Officer.--An individual serving in the position
of Diversity, Equity, and Inclusion Officer of the
Intelligence Community may not, while so serving, serve as
either the Diversity, Equity, and Inclusion Officer or the
Equal Employment Opportunity Officer of any other department
or agency, or component thereof, of the United States
Government.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 103J the following:
``Sec. 103K. Diversity, Equity, and Inclusion Officer of the
Intelligence Community.''.
(c) Limitation.--None of the funds authorized to be
appropriated by this Act may be used to increase the number
of full-time equivalent employees of the Office of the
Director of National Intelligence in order to carry out
section 103K of such Act, as added by subsection (a).
SEC. 311. ANNUAL REPORT EVALUATING COLLABORATION BETWEEN THE
NATIONAL RECONNAISSANCE OFFICE AND THE SPACE
FORCE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term
[[Page S8728]]
``appropriate committees of Congress'' means--
(1) the congressional intelligence committees; and
(2) the congressional defense committees (as defined in
section 101(a) of title 10, United States Code).
(b) Annual Report.--Not later than 180 days after the date
of the enactment of this Act and not less frequently than
once each year thereafter for 5 years, the Secretary of the
Air Force and the Director of National Intelligence shall
jointly, in consultation with the Under Secretary of Defense
for Intelligence and Security, submit to the appropriate
committees of Congress a report evaluating the partnership
between the National Reconnaissance Office and the Space
Force.
(c) Contents.--Each report submitted under subsection (b)
shall include the following:
(1) A description of the division of labor between the
National Reconnaissance Office and the Space Force,
including--
(A) shared missions and programs; and
(B) methods of collaboration.
(2) An evaluation of the ways in which the National
Reconnaissance Office and the Space Force are partnering on
missions and programs, including identification of lessons
learned for improving collaboration and deconflicting
activities in the future.
(3) An examination of how resources provided from the
National Intelligence Program and the Military Intelligence
Program are allocated to or transferred between the National
Reconnaissance Office and the Space Force.
SEC. 312. DIRECTOR OF NATIONAL INTELLIGENCE DECLASSIFICATION
REVIEW OF INFORMATION RELATING TO TERRORIST
ATTACKS OF SEPTEMBER 11, 2001.
(a) Declassification Review Required.--Not later than 30
days after the date of the enactment of this Act, the
Director of National Intelligence shall, in coordination with
the Director of the Federal Bureau of Investigation, the
Director of the Central Intelligence Agency, and the heads of
such other elements of the intelligence community as the
Director of National Intelligence considers appropriate,
commence a declassification review, which the Director of
National Intelligence shall complete not later than 120 days
after the date of the enactment of this Act, to determine
what additional information relating to the terrorist attacks
of September 11, 2001, can be appropriately declassified and
shared with the public.
(b) Information Covered.--The information reviewed under
subsection (a) shall include the following:
(1) Information relating to the direction, facilitation,
and other support provided to the individuals who carried out
the terrorist attacks of September 11, 2001.
(2) Information from Operation Encore and the PENTTBOM
investigation of the Federal Bureau of Investigation.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives a report on the findings of the
Director with respect to the declassification review
conducted under subsection (a).
SEC. 313. ESTABLISHMENT OF CHAPLAIN CORPS OF THE CENTRAL
INTELLIGENCE AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501
et seq.) is amended by adding at the end the following:
``SEC. 26. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS.
``(a) Establishment of Chaplain Corps.--There is in the
Agency a Chaplain Corps for the provision of spiritual or
religious pastoral services.
``(b) Chief of Chaplains.--The head of the Chaplain Corps
shall be the Chief of Chaplains, who shall be appointed by
the Director.
``(c) Staff and Administration.--
``(1) Staff.--The Director may appoint and fix the
compensation of such staff of the Chaplain Corps as the
Director considers appropriate, except that the Director may
not--
``(A) appoint more than 10 full-time equivalent positions;
or
``(B) provide basic pay to any member of the staff of the
Chaplain Corps at an annual rate of basic pay in excess of
the maximum rate of basic pay for grade GS-15 as provided in
section 5332 of title 5, United States Code.
``(2) Administration.--The Director may--
``(A) reimburse members of the staff of the Chaplain Corps
for work-related travel expenses;
``(B) provide security clearances to such members; and
``(C) furnish such physical workspace at the headquarters
building of the Agency as the Director considers
appropriate.''.
SEC. 314. PILOT PROGRAM ON RECRUITMENT AND RETENTION IN
OFFICE OF INTELLIGENCE AND ANALYSIS OF THE
DEPARTMENT OF THE TREASURY.
(a) Pilot Program Required.--The Assistant Secretary for
Intelligence and Analysis in the Department of the Treasury
shall carry out a pilot program to assess the feasibility and
advisability of using adjustments of rates of pay to recruit
and retain staff for high-demand positions in the Office of
Intelligence and Analysis of the Department of the Treasury.
(b) Duration.--The Assistant Secretary shall carry out the
pilot program required by subsection (a) during the 4-year
period beginning on the date of the enactment of this Act.
(c) Additional Pay.--Under the pilot program required by
subsection (a), the Assistant Secretary shall,
notwithstanding any provision of title 5, United States Code,
governing the rates of pay or classification of employees in
the executive branch, prescribe the rate of basic pay for
financial and cyber intelligence analyst positions designated
under subsection (d) at rates--
(1) not greater than 130 percent of the maximum basic rate
of pay and locality pay that such positions would otherwise
be eligible for; and
(2) not greater than the rate of basic pay payable for
level II of the Executive Schedule under section 5313 of
title 5, United States Code.
(d) Designated Positions.--
(1) In general.--Except as provided in paragraph (2), under
the pilot program required by subsection (a), the Assistant
Secretary shall designate not fewer than 5 percent and not
more than 25 percent of the total number of positions in the
Office, including positions to be filled by new hires, as
financial or cyber intelligence analyst positions eligible
for the additional pay under subsection (c).
(2) Current employees.--The Assistant Secretary may
designate under paragraph (1) a position filled by an
employee who was employed in that position on the day before
the date of the enactment of this Act only if the employee
was in the top one-third of performance rankings for the
position within the Office for the duration of the 2-year
period ending on the date of the enactment of this Act.
(e) Briefing on the Pilot Program.--Not later than 180 days
after the date of the enactment of this Act and not less
frequently than once each year thereafter for the duration of
the period set forth in subsection (b), the Assistant
Secretary shall provide the congressional intelligence
committees and the Director of National Intelligence with a
briefing on the pilot program required by subsection (a).
(f) Report on the Pilot Program.--Not later than 180 days
before the last day of the period set forth in subsection
(b), the Assistant Secretary shall submit to the
congressional intelligence committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Reform of the House of
Representatives, and the Director of National Intelligence a
report on the effectiveness of the pilot program and
recommendations on whether the pilot program should be
extended, modified, or ended.
(g) Recommendations of Director of National Intelligence.--
Not later than 3 years after the date of the enactment of
this Act, the Director shall submit to the congressional
intelligence committees recommendations as to--
(1) which, if any, other elements of the intelligence
community would benefit from a program similar to the pilot
program required by subsection (a); and
(2) what, if any, modifications the Director would
recommend for such elements.
(h) Retention of Prescribed Rates of Pay After Termination
of Pilot Program.--After the period set forth in subsection
(b), the Assistant Secretary may continue to pay a person,
who received pay during such period pursuant to a rate of
basic pay prescribed under subsection (c), at a rate of basic
pay not to exceed the rate of basic pay that was in effect
for the person on the day before the last day of such period,
until such time as the applicable rate of basic pay for the
person under the General Schedule exceeds the rate of basic
pay that was so in effect under subsection (c).
SEC. 315. PILOT PROGRAM ON STUDENT LOAN REPAYMENT AT OFFICE
OF INTELLIGENCE AND ANALYSIS OF DEPARTMENT OF
THE TREASURY.
(a) Pilot Program.--
(1) Establishment.--The Assistant Secretary for
Intelligence and Analysis in the Department of the Treasury
shall carry out a pilot program to assess the feasibility and
advisability of using repayment of loans on behalf of persons
that were used by the persons to finance education as a
recruitment incentive for employment at the Office of
Intelligence and Analysis of China specialists, data
scientists, cyber specialists, and others with any other
analytic or technical capabilities that are in high demand by
the Office.
(b) Loan Repayments.--
(1) In general.--Under the pilot program, the Assistant
Secretary may repay the principal, interest, and related
expenses of a loan obtained by a covered person to finance
education.
(2) Covered persons.--For purposes of paragraph (1), a
covered person is a person who agrees to an offer from the
Assistant Secretary to participate in the pilot program
before beginning employment in the Office.
(3) Limitation on total amount.--Under the pilot program,
the Assistant Secretary may repay not more than $100,000 on
behalf of any one person.
(4) Limitation on annual amount of payments.--Under the
pilot program, the Assistant Secretary may repay not more
than $15,000 on behalf of any one person in any one fiscal
year.
(5) Timing and period of payments.--In repaying a loan of a
person under the pilot program, the Assistant Secretary shall
make payments--
(A) on a monthly basis; and
[[Page S8729]]
(B) only during the period beginning on the date on which
the person begins employment with the Office and ending on
the date on which the person leaves employment with the
Office.
(c) Duration.--The Assistant Secretary shall carry out the
pilot program during the period of fiscal years 2022 through
2024.
(d) Limitation on Number of Participants.--The total number
of individuals receiving a loan repayment under the pilot
program during any fiscal year may not exceed 10.
(e) Administration.--
(1) In general.--In carrying out the pilot program, the
Assistant Secretary shall--
(A) establish such requirements relating to the academic or
specialized training of participants as the Assistant
Secretary considers appropriate to ensure that participants
are prepared for employment as intelligence analysts; and
(B) periodically review the areas of high demand for
particular analytic or technical capabilities and determine
which academic areas of specialization may be most useful in
addressing that demand.
(2) Use of existing programs.--The Assistant Secretary
shall assess the feasibility and advisability of
administering the pilot program by leveraging student loan
programs of the Department of the Treasury that were in
effect on the day before the date of the enactment of this
Act.
(f) Reports.--
(1) Preliminary report.--Not later than 120 days after the
date of the enactment of this Act, the Assistant Secretary
shall submit to Congress a preliminary report on the pilot
program, including a description of the pilot program and the
authorities to be utilized in carrying out the pilot program.
(2) Annual report.--
(A) In general.--Not later than one year after the
commencement of the pilot program and annually thereafter
until the program ends, the Assistant Secretary shall submit
to the congressional intelligence committees and the Director
of National Intelligence a report on the pilot program.
(B) Contents.--Each report submitted under subparagraph (A)
shall include--
(i) a description of the activities under the pilot
program, including the number of individuals who participated
in the pilot program;
(ii) an assessment of the effectiveness of the pilot
program as a recruitment tool; and
(iii) such recommendations for legislative or
administrative action as the Assistant Secretary considers
appropriate in light of the pilot program.
(3) Recommendations.--Not later than 2 years after the
commencement of the pilot program, the Director of National
Intelligence shall submit to the congressional intelligence
committees the recommendations of the Director as to which,
if any, other elements of the intelligence community would
benefit from establishing a loan repayment program similar to
the pilot program required by subsection (a), and what, if
any, modifications the Director would recommend to the
program if it were established.
(g) Funding.--Of the amounts authorized to be appropriated
by this Act, $1,300,000 shall be available until expended to
carry out this section. Of such amounts--
(1) $1,000,000 shall be available for repayment of loans;
and
(2) $300,000 shall be available for a period of 2 years
during the pilot program to hire personnel to administer the
pilot program.
SEC. 316. PROHIBITION ON COLLECTION AND ANALYSIS OF UNITED
STATES PERSONS' INFORMATION BY INTELLIGENCE
COMMUNITY BASED ON FIRST AMENDMENT-PROTECTED
ACTIVITIES.
No element of the intelligence community may collect or
analyze a United States person's information solely upon the
basis of an activity protected by the First Amendment to the
Constitution of the United States.
SEC. 317. SENSE OF THE SENATE ON THE USE OF INTELLIGENCE
COMMUNITY RESOURCES FOR COLLECTION, ASSESSMENT,
AND ANALYSIS OF INFORMATION PERTAINING
EXCLUSIVELY TO UNITED STATES PERSONS ABSENT A
FOREIGN NEXUS.
It is the sense of the Senate that--
(1) the Federal Bureau of Investigation and the Department
of Homeland Security do vital work in enforcing the rule of
law and safeguarding the people of the United States from
harm;
(2) the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3638) sought to
facilitate greater information sharing between law
enforcement and intelligence communities for the purpose of
thwarting attacks on the homeland from international
terrorist organizations;
(3) National Intelligence Program funds should be expended
only in support of intelligence activities with a foreign
nexus consistent with the definition of intelligence provided
by Congress in section 3 of the National Security Act of 1947
(50 U.S.C. 3003); and
(4) the intelligence community should not engage in the
collection, assessment, or analysis of information that
pertains exclusively to United States persons absent a
foreign nexus.
Subtitle B--Inspector General of the Intelligence Community
SEC. 321. SUBMITTAL OF COMPLAINTS AND INFORMATION BY
WHISTLEBLOWERS IN THE INTELLIGENCE COMMUNITY TO
CONGRESS.
(a) Amendments to Inspector General Act of 1978.--
(1) Appointment of security officers.--Section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(A) by redesignating subsection (h) as subsection (i); and
(B) by inserting after subsection (g) the following:
``(h) Appointment of Security Officers.--Each Inspector
General under this section, including the designees of the
Inspector General of the Department of Defense pursuant to
subsection (a)(3), shall appoint within their offices
security officers to provide, on a permanent basis,
confidential, security-related guidance and direction to an
employee of their respective establishment, an employee
assigned or detailed to such establishment, or an employee of
a contractor of such establishment who intends to report to
Congress a complaint or information, so that such employee
can obtain direction on how to report to Congress in
accordance with appropriate security practices.''.
(2) Procedures.--Subsection (d) of such section is
amended--
(A) in paragraph (1), by inserting ``or any other committee
of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the intelligence
committees'';
(B) by amending paragraph (2) to read as follows:
``(2)(A) Except as provided in subparagraph (B), the
employee may contact an intelligence committee or another
committee of jurisdiction directly as described in paragraph
(1) of this subsection or in subsection (a)(4) only if the
employee--
``(i) before making such a contact, furnishes to the head
of the establishment, through the Inspector General (or
designee), a statement of the employee's complaint or
information and notice of the employee's intent to contact an
intelligence committee or another committee of jurisdiction
of the Senate or the House of Representatives directly; and
``(ii)(I) obtains and follows from the head of the
establishment, through the Inspector General (or designee),
procedural direction on how to contact an intelligence
committee or another committee of jurisdiction of the Senate
or the House of Representatives in accordance with
appropriate security practices; or
``(II) obtains and follows such procedural direction from
the applicable security officer appointed under subsection
(h).
``(B) If an employee seeks procedural direction under
subparagraph (A)(ii) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact an intelligence committee or any other
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following the
procedural direction otherwise required under such
subparagraph.''; and
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following:
``(3) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Chairman and Ranking Member of
an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives, a
nonpartisan member of the committee staff designated for
purposes of receiving complaints or information under this
section, or a member of the majority staff and a member of
the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subsection (a) of such section is amended by
adding at the end the following:
``(4) Subject to paragraphs (2) and (3) of subsection (d),
an employee of an element of the intelligence community who
intends to report to Congress a complaint or information may
report such complaint or information directly to Congress,
regardless of whether the complaint or information is with
respect to an urgent concern--
``(A) in lieu of reporting such complaint or information
under paragraph (1); or
``(B) in addition to reporting such complaint or
information under paragraph (1).''.
(b) Amendments to National Security Act of 1947.--
(1) Appointment of security officers.--Section 103H(j) of
the National Security Act of 1947 (50 U.S.C. 3033(j)) is
amended by adding at the end the following:
``(5) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
subsection (h) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.).''.
(2) Procedures.--Subparagraph (D) of section 103H(k)(5) of
such Act (50 U.S.C. 3033(k)(5)) is amended--
(A) in clause (i), by inserting ``or any other committee of
jurisdiction of the Senate or the House of Representatives''
after ``either or both of the congressional intelligence
committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact a congressional intelligence committee or another
committee
[[Page S8730]]
of jurisdiction directly as described in clause (i) only if
the employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact a congressional intelligence
committee or another committee of jurisdiction of the Senate
or the House of Representatives directly; and
``(bb)(AA) obtains and follows from the Director, through
the Inspector General, procedural direction on how to contact
a congressional intelligence committee or another committee
of jurisdiction of the Senate or the House of Representatives
in accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 8H(h)
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact a congressional intelligence committee
or any other committee of jurisdiction of the Senate or the
House of Representatives directly without obtaining or
following the procedural direction otherwise required under
such subclause.'';
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Chairman and Ranking Member of
a congressional intelligence committee or another committee
of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of an element of the intelligence community
who intends to report to Congress a complaint or information
may report such complaint or information directly to
Congress, regardless of whether the complaint or information
is with respect to an urgent concern--
``(A) in lieu of reporting such complaint or information
under clause (i); or
``(B) in addition to reporting such complaint or
information under clause (i).''.
(c) Amendments to the Central Intelligence Agency Act of
1949.--
(1) Appointment of security officers.--Section 17(d)(5) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)) is amended by adding at the end the following:
``(I) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
subsection (h) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.).''.
(2) Procedures.--Subparagraph (D) of such section is
amended--
(A) in clause (i), by inserting ``or any other committee of
jurisdiction of the Senate or the House of Representatives''
after ``either or both of the intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact an intelligence committee or another committee of
jurisdiction directly as described in clause (i) only if the
employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact an intelligence committee or
another committee of jurisdiction of the Senate or the House
of Representatives directly; and
``(bb)(AA) obtains and follows from the Director, through
the Inspector General, procedural direction on how to contact
an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives in
accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 8H(h)
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction
to report to Congress a complaint or information, the
employee may contact an intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following the
procedural direction otherwise required under such
subclause.'';
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information to the Chairman and Vice Chairman or Chairman
and Ranking Member of an intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or
information under this section, or a member of the majority
staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of the Agency who intends to report to
Congress a complaint or information may report such complaint
or information directly to Congress, regardless of whether
the complaint or information is with respect to an urgent
concern--
``(A) in lieu of reporting such complaint or information
under clause (i); or
``(B) in addition to reporting such complaint or
information under clause (i).''.
(d) Rule of Construction.--Nothing in this section or an
amendment made by this section shall be construed to revoke
or diminish any right of an individual provided by section
2303 of title 5, United States Code.
SEC. 322. DEFINITIONS AND AUTHORITIES REGARDING WHISTLEBLOWER
COMPLAINTS AND INFORMATION OF URGENT CONCERN
RECEIVED BY INSPECTORS GENERAL OF THE
INTELLIGENCE COMMUNITY.
(a) Definition of Urgent Concern.--
(1) National security act of 1947.--Section
103H(k)(5)(G)(i) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)(G)(i)) is amended by striking ``within
the'' and all that follows through ``policy matters.'' and
inserting the following: ``of the Federal Government that
is--
``(I) a matter of national security; and
``(II) not a difference of opinion concerning public policy
matters.''.
(2) Inspector general act of 1978.--Paragraph (1)(A) of
subsection (i) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.), as redesignated by section
321(a)(1)(A), is amended by striking ``involving'' and all
that follows through ``policy matters.'' and inserting the
following: ``of the Federal Government that is--
``(i) a matter of national security; and
``(ii) not a difference of opinion concerning public policy
matters.''.
(3) Central intelligence agency act of 1949.--Section
17(d)(5)(G)(i)(I) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3517(d)(5)(G)(i)(I)) is amended by striking
``involving'' and all that follows through ``policy
matters.'' and inserting the following: ``of the Federal
Government that is--
``(aa) a matter of national security; and
``(bb) not a difference of opinion concerning public policy
matters.''.
(b) Authority of Inspectors General.--
(1) Scope of authority of inspector general of the
intelligence community.--Section 103H(k)(5) of the National
Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended by
adding at the end the following:
``(J) The Inspector General shall have authority over any
complaint or information submitted to the Inspector General
from an employee, detailee, or contractor, or former
employee, detailee, or contractor, of the intelligence
community.''.
(2) Authority of inspector general of the intelligence
community to determine matters of urgent concern.--Section
103H(k)(5)(G) of such Act (50 U.S.C. 3033(k)(5)(G)) is
amended--
(A) in clause (i), as amended by subsection (a)(1), by
resdesignating subclauses (I) and (II) as items (aa) and
(bb), respectively;
(B) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively;
(C) in the matter before subclause (I), as redesignated by
subparagraph (B), by inserting ``(i)'' before ``In this'';
and
(D) by adding at the end the following:
``(ii) The Inspector General shall have sole authority to
determine whether any complaint or information reported to
the Inspector General is a matter of urgent concern under
this paragraph.''.
(3) Authority of inspectors general to determine matters of
urgent concern.--Subsection (i) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.), as
redesignated by section 321(a)(1)(A), is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), as amended by subsection (a)(2),
by redesignating clauses (i) and (ii) as subclauses (I) and
(II), respectively; and
(ii) by redesignating paragraphs (A), (B), and (C) and
clauses (i), (ii), and (iii), respectively;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(C) in the matter before subparagraph (A), as redesignated
by subparagraph (B), by inserting ``(1)'' before ``In this'';
and
(D) by adding at the end the following:
``(2) The Inspector General shall have sole authority to
determine whether any complaint or information reported to
the Inspector General is a matter of urgent concern under
this section.''.
(4) Authority of inspector general of central intelligence
agency to determine matters of urgent concern.--Section
17(d)(5)(G) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)(G)) is amended--
(A) in clause (i)--
[[Page S8731]]
(i) in subclause (I), as amended by subsection (a)(3), by
redesignating items (aa) and (bb) as subitems (AA) and (BB),
respectively; and
(ii) by redesignating subclauses (I), (II), and (III) as
items (aa), (bb), and (cc), respectively;
(B) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively; and
(C) in the matter before clause (I), as redesignated by
subparagraph (B), by inserting ``(i)'' before ``In this'';
and
(D) by adding at the end the following:
``(ii) The Inspector General shall have sole authority to
determine whether any complaint or information reported to
the Inspector General is a matter of urgent concern under
this paragraph.''.
SEC. 323. HARMONIZATION OF WHISTLEBLOWER PROTECTIONS.
(a) Prohibited Personnel Practices in the Intelligence
Community.--
(1) Threats relating to personnel actions.--
(A) Agency employees.--Section 1104(b) of the National
Security Act of 1947 (50 U.S.C. 3234(b)) is amended, in the
matter preceding paragraph (1), by inserting ``, or threaten
to take or fail to take,'' after ``take or fail to take''.
(B) Contractor employees.--Section 1104(c)(1) of such Act
(50 U.S.C. 3234(c)(1)) is amended, in the matter preceding
subparagraph (A), by inserting ``, or threaten to take or
fail to take,'' after ``take or fail to take''.
(2) Protection for contractor employees against reprisal
from agency employees.--Section 1104(c)(1) of such Act (50
U.S.C. 3234(c)(1)), as amended by paragraph (1)(B) of this
subsection, is further amended, in the matter preceding
subparagraph (A), by inserting ``of an agency or'' after
``Any employee''.
(3) Enforcement.--Subsection (d) of section 1104 of such
Act (50 U.S.C. 3234) is amended to read as follows:
``(d) Enforcement.--The President shall provide for the
enforcement of this section consistent, to the fullest extent
possible, with the policies and procedures used to adjudicate
alleged violations of section 2302(b)(8) of title 5, United
States Code.''.
(b) Retaliatory Revocation of Security Clearances and
Access Determinations.--
(1) Enforcement.--Section 3001(j) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)) is amended--
(A) by redesignating paragraph (8) as paragraph (9); and
(B) by inserting after paragraph (7) the following:
``(8) Enforcement.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement
of this section consistent, to the fullest extent possible,
with the policies and procedures used to adjudicate alleged
violations of section 2302(b)(8) of title 5, United States
Code.''.
(2) Elimination of deadline for appeal of prohibited
reprisal.--Section 3001(j)(4)(A) of such Act (50 U.S.C.
3341(j)(4)(A)) is amended by striking ``within 90 days''.
(3) Elimination of cap on compensatory damages.--Section
3001(j)(4)(B) of such Act (50 U.S.C. 3341(j)(4)(B)) is
amended, in the second sentence, by striking ``not to exceed
$300,000''.
(4) Establishing process parity for adverse security
clearance and access determinations.--Subparagraph (C) of
section 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4)) is
amended to read as follows:
``(C) Burdens of proof.--
``(i) In general.--Subject to clause (iii), in determining
whether the adverse security clearance or access
determination violated paragraph (1), the agency shall find
that paragraph (1) was violated if the individual has
demonstrated that a disclosure described in paragraph (1) was
a contributing factor in the adverse security clearance or
access determination taken against the individual.
``(ii) Circumstantial evidence.--An individual under clause
(i) may demonstrate that the disclosure was a contributing
factor in the adverse security clearance or access
determination taken against the individual through
circumstantial evidence, such as evidence that--
``(I) the official making the determination knew of the
disclosure; and
``(II) the determination occurred within a period such that
a reasonable person could conclude that the disclosure was a
contributing factor in the determination.
``(iii) Defense.--In determining whether the adverse
security clearance or access determination violated paragraph
(1), the agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure was a
contributing factor, the agency demonstrates by clear and
convincing evidence that it would have made the same security
clearance or access determination in the absence of such
disclosure.''.
(c) Correction of Definition of Agency.--Section
3001(a)(1)(B) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(a)(1)(B)) is amended
by striking ``and'' and inserting ``or''.
(d) Establishing Consistency With Respect to Protections
for Disclosures of Mismanagement.--
(1) Security clearance and access determinations.--Section
3001(j)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)) is amended--
(A) in subparagraph (A)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''; and
(B) in subparagraph (B)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''.
(2) Personnel actions against contractor employees.--
Section 1104(c)(1)(B) of the National Security Act of 1947
(50 U.S.C. 3234(c)(1)(B)) is amended by striking ``gross
mismanagement'' and inserting ``mismanagement''.
(e) Protected Disclosures to Supervisors.--
(1) Personnel actions.--
(A) Disclosures by agency employees to supervisors.--
Section 1104(b) of the National Security Act of 1947 (50
U.S.C. 3234(b)), as amended by subsection (a)(1)(A), is
further amended, in the matter preceding paragraph (1), by
inserting ``a supervisor in the employee's direct chain of
command, or a supervisor of the employing agency with
responsibility for the subject matter of the disclosure, up
to and including'' before ``the head of the employing
agency''.
(B) Disclosures by contractor employees to supervisors.--
Section 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)), as
amended by subsection (a), is further amended, in the matter
preceding subparagraph (A), by inserting ``a supervisor in
the contractor employee's direct chain of command up to and
including'' before ``the head of the contracting agency''.
(2) Security clearance and access determinations.--Section
3001(j)(1)(A) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended,
in the matter preceding clause (i), by inserting ``a
supervisor in the employee's direct chain of command, or a
supervisor of the employing agency with responsibility for
the subject matter of the disclosure, up to and including''
before ``the head of the employing agency''.
(f) Establishing Parity for Protected Disclosures.--Section
1104 of the National Security Act of 1947 (50 U.S.C. 3234) is
amended--
(1) in subsection (b), as amended by subsections (a)(1)(A)
and (e)(1)(A)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the right;
(B) in the matter preceding subparagraph (A), as
redesignated and moved by subparagraph (B) of this paragraph,
by striking ``for a lawful disclosure'' and inserting the
following: ``for--
``(1) any lawful disclosure''; and
(C) by adding at the end the following:
``(2) any lawful disclosure that complies with--
``(A) subsections (a)(1), (d), and (g) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(B) subparagraphs (A), (D), and (H) of section 17(d)(5)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)); or
``(C) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(3) if the actions do not result in the employee
unlawfully disclosing information specifically required by
Executive order to be kept classified in the interest of
national defense or the conduct of foreign affairs, any
lawful disclosure in conjunction with--
``(A) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
``(B) testimony for or otherwise lawfully assisting any
individual in the exercise of any right referred to in
subparagraph (A); or
``(C) cooperation with or disclosing information to the
Inspector General of an agency, in accordance with applicable
provisions of law in connection with an audit, inspection, or
investigation conducted by the Inspector General.''; and
(2) in subsection (c)(1), as amended by subsections (a) and
(e)(1)(B)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses, as so
redesignated, 2 ems to the right;
(B) in the matter preceding clause (i), as redesignated and
moved by subparagraph (B) of this paragraph, by striking
``for a lawful disclosure'' and inserting the following:
``for--
``(A) any lawful disclosure''; and
(C) by adding at the end the following:
``(B) any lawful disclosure that complies with--
``(i) subsections (a)(1), (d), and (g) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(ii) subparagraphs (A), (D), and (H) of section 17(d)(5)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)); or
``(iii) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(C) if the actions do not result in the contractor
employee unlawfully disclosing information specifically
required by Executive order to be kept classified in the
interest of national defense or the conduct of foreign
affairs, any lawful disclosure in conjunction with--
``(i) the exercise of any appeal, complaint, or grievance
right granted by any law, rule, or regulation;
``(ii) testimony for or otherwise lawfully assisting any
individual in the exercise of any right referred to in clause
(i); or
``(iii) cooperation with or disclosing information to the
Inspector General of an agency, in accordance with applicable
provisions of law in connection with an audit, inspection, or
investigation conducted by the Inspector General.''.
(g) Clarification Relating to Protected Disclosures.--
Section 1104 of the National
[[Page S8732]]
Security Act of 1947 (50 U.S.C. 3234) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Rule of Construction.--Consistent with the protection
of sources and methods, nothing in subsection (b) or (c)
shall be construed to authorize--
``(1) the withholding of information from Congress; or
``(2) the taking of any personnel action against an
employee who lawfully discloses information to Congress.
``(e) Disclosures.--A disclosure shall not be excluded from
this section because--
``(1) the disclosure was made to an individual, including a
supervisor, who participated in an activity that the employee
reasonably believed to be covered under subsection (b)(1)(B)
or the contractor employee reasonably believed to be covered
under subsection (c)(1)(A)(ii);
``(2) the disclosure revealed information that had been
previously disclosed;
``(3) the disclosure was not made in writing;
``(4) the disclosure was made while the employee was off
duty;
``(5) of the amount of time which has passed since the
occurrence of the events described in the disclosure; or
``(6) the disclosure was made during the normal course of
duties of an employee or contractor employee.''.
(h) Correction Relating to Normal Course Disclosures.--
Section 3001(j)(3) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(3)) is amended--
(1) by striking ``Disclosures.--'' and all that follows
through ``because--'' and inserting ``Disclosures.--A
disclosure shall not be excluded from paragraph (1) because--
'';
(2) by striking subparagraph (B);
(3) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the left;
(4) in subparagraph (D), as so redesignated, by striking
``or'' at the end;
(5) in subparagraph (E), as redesignated by paragraph (3),
by striking the period at the end and inserting ``; or''; and
(6) by adding at the end the following:
``(F) the disclosure was made during the normal course of
duties of an employee.''.
(i) Clarification Relating to Rule of Construction.--
Section 3001(j)(2) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(2)) is amended by
inserting ``or clearance action'' after ``personnel action''.
(j) Clarification Relating to Prohibited Practices.--
(1) Intelligence reform and terrorism prevention act of
2004.--Section 3001(j)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), as
amended by this section, is further amended by striking
``over'' and inserting ``to take, materially impact, direct
others to take, recommend, or approve''.
(2) National security act of 1947.--
(A) Agency employees.--Section 1104(b) of the National
Security Act of 1947 (50 U.S.C. 3234(b)), as amended by this
section, is further amended by inserting ``materially
impact,'' after ``authority to take,''
(B) Contractor employees.--Section 1104(c)(1) of such Act
(50 U.S.C. 3234(c)(1)), as amended by this section, is
further amended by inserting ``materially impact,'' after
``authority to take,''.
(k) Technical Correction.--Section 3001(j)(1)(C)(i) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)(C)(i)) is amended by striking ``(h)'' and
inserting ``(g)''.
(l) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of
the Intelligence Community shall submit to the congressional
intelligence committees a report assessing the extent to
which protections provided under Presidential Policy
Directive 19 (relating to protecting whistleblowers with
access to classified information) have been codified in
statutes.
SEC. 324. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER
IDENTITY AS REPRISAL AGAINST WHISTLEBLOWER
DISCLOSURE BY EMPLOYEES AND CONTRACTORS IN
INTELLIGENCE COMMUNITY.
(a) In General.--Section 1104 of the National Security Act
of 1947 (50 U.S.C. 3234) is amended--
(1) in subsection (a)(3) of such section--
(A) in subparagraph (I), by striking ``; or'' and inserting
a semicolon;
(B) by redesignating subparagraph (J) as subparagraph (K);
and
(C) by inserting after subparagraph (I) the following:
``(J) a knowing and willful disclosure revealing the
identity or other personally identifiable information of an
employee or contractor employee; or'';
(2) by redesignating subsections (f) and (g), as
redesignated by section 323(g)(1), as subsections (g) and
(h), respectively; and
(3) by inserting after subsection (e), as added by section
323(g)(2), the following:
``(f) Personnel Actions Involving Disclosures of
Whistleblower Identity.--A personnel action described in
subsection (a)(3)(J) shall not be considered in violation of
subsection (b) or (c) under the following circumstances:
``(1) The personnel action was taken with the express
consent of the employee or contractor employee.
``(2) An Inspector General with oversight responsibility
for a covered intelligence community element determines
that--
``(A) the personnel action was unavoidable under section
103H(g)(3)(A) of this Act (50 U.S.C. 3033(g)(3)(A)), section
17(e)(3)(A) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(e)(3)(A)), or section 8M(b)(2)(B) of the
Inspector General Act of 1978 (5 U.S.C. App.);
``(B) the personnel action was made to an official of the
Department of Justice responsible for determining whether a
prosecution should be undertaken; or
``(C) the personnel action was required by statute or an
order from a court of competent jurisdiction.''.
(b) Applicability to Detailees.--Subsection (a) of section
1104 of such Act (50 U.S.C. 3234) is amended by adding at the
end the following:
``(5) Employee.--The term `employee', with respect to an
agency or a covered intelligence community element, includes
an individual who has been detailed to such agency or covered
intelligence community element.''.
(c) Private Right of Action for Unlawful Disclosure of
Whistleblower Identity.--Subsection (g) of such section, as
amended by subsection (a)(3) of section 323(a)(3),
redesignated by subsection (g)(1) of such section, and
further redesignated by subsection (a)(2) of this section, is
amended to read as follows:
``(g) Enforcement.--
``(1) In general.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement
of this section.
``(2) Harmonization with other enforcement.--To the fullest
extent possible, the President shall provide for enforcement
of this section in a manner that is consistent with the
enforcement of section 2302(b)(8) of title 5, United States
Code, especially with respect to policies and procedures used
to adjudicate alleged violations of such section.
``(3) Private right of action for disclosures of
whistleblower identity in violation of prohibition against
reprisals.--Subject to paragraph (4), in a case in which an
employee of an agency takes a personnel action described in
subsection (a)(3)(J) against an employee of a covered
intelligence community element as a reprisal in violation of
subsection (b) or in a case in which an employee or
contractor employee takes a personnel action described in
subsection (a)(3)(J) against another contractor employee as a
reprisal in violation of subsection (c), the employee or
contractor employee against whom the personnel action was
taken may, consistent with section 1221 of title 5, United
States Code, bring a private action for all appropriate
remedies, including injunctive relief and compensatory and
punitive damages, in an amount not to exceed $250,000,
against the agency of the employee or contracting agency of
the contractor employee who took the personnel action, in a
Federal district court of competent jurisdiction.
``(4) Requirements.--
``(A) Review by inspector general and by external review
panel.--Before the employee or contractor employee may bring
a private action under paragraph (3), the employee or
contractor employee shall exhaust administrative remedies
by--
``(i) first, obtaining a disposition of their claim by
requesting review of the appropriate inspector general; and
``(ii) second, submitting to the Inspector General of the
Intelligence Community a request for a review of the claim by
an external review panel under section 1106.
``(B) Period to bring action.--The employee or contractor
employee may bring a private right of action under paragraph
(3) during the 180-day period beginning on the date on which
the employee or contractor employee is notified of the final
disposition of their claim under section 1106.''.
SEC. 325. CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS
PROGRAMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Appropriations of the Senate; and
(C) the Committee on Appropriations of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) Controlled access program.--The term ``controlled
access program'' means a program created or managed pursuant
to Intelligence Community Directive 906, or successor
directive.
(b) Periodic Briefings Required.--
(1) In general.--Not less frequently than semiannually or
upon request by one of the appropriate committees of Congress
or a member of congressional leadership, the Director of
National Intelligence shall provide the appropriate
committees of Congress and congressional leadership a
briefing on each controlled access program in effect.
(2) Contents.--Each briefing provided under paragraph (1)
shall include, at a minimum, the following:
[[Page S8733]]
(A) A description of the activity of the controlled access
programs during the period covered by the briefing.
(B) Documentation with respect to how the controlled access
programs have achieved outcomes consistent with requirements
documented by the Director and, as applicable, the Secretary
of Defense.
(c) Limitations.--
(1) Limitation on establishment.--A head of an element of
the intelligence community may not establish a controlled
access program, or a compartment or subpcompartment therein,
until the head notifies the appropriate committees of
Congress and congressional leadership of such controlled
access program, compartment, or subcompartment, as the case
may be.
(2) Limitation on use of funds.--No funds may be obligated
or expended by an element of the intelligence community to
carry out a controlled access program, or a compartment or
subcompartment therein, until the head of that element has
briefed the appropriate committees of Congress and
congressional leadership on the controlled access program.
(d) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, each head of an element of the
intelligence community shall provide to the appropriate
committees of Congress and congressional leadership a report
on all controlled access programs of the element in effect.
(B) Matters addressed.--Each report under subparagraph (A)
shall address, for each controlled access program covered by
the report, the following:
(i) Date of initial operational capability.
(ii) Rationale.
(iii) Annual level of funding.
(iv) Current operational use.
(2) Annual reports.--
(A) Requirement.--On an annual basis, the head of each
element of the intelligence community shall submit to the
appropriate committees of Congress and congressional
leadership a report on controlled access programs
administered by the head.
(B) Matters included.--Each report submitted under
paragraph (1) shall include, with respect to the period
covered by the report, the following:
(i) A list of all compartments and subcompartments of
controlled access programs active as of the date of the
report.
(ii) A list of all compartments and subcompartments of
controlled access programs terminated during the period
covered by the report.
(iii) With respect to the report submitted by the Director
of National Intelligence, in addition to the matters
specified in subparagraphs (A) and (B)--
(I) a certification regarding whether the creation,
validation, or substantial modification, including
termination, for all existing and proposed controlled access
programs, and the compartments and subcompartments within
each, are substantiated and justified based on the
information required by clause (ii); and
(II) for each certification--
(aa) the rationale for the revalidation, validation, or
substantial modification, including termination, of each
controlled access program, compartment, and subcompartment;
(bb) the identification of a control officer for each
controlled access program; and
(cc) a statement of protection requirements for each
controlled access program.
(e) Conforming Repeal.--Section 608 of the Intelligence
Authorization Act for Fiscal Year 2017 (division N of Public
Law 115-31; 131 Stat. 833; 50 U.S.C. 3315) is amended by
striking subsection (b).
Subtitle C--Reports and Assessments Pertaining to the Intelligence
Community
SEC. 331. REPORT ON EFFORTS TO BUILD AN INTEGRATED HYBRID
SPACE ARCHITECTURE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually for 2 years
thereafter, the Director of National Intelligence, in
coordination with the Under Secretary of Defense for
Intelligence and Security and the Director of the National
Reconnaissance Office, shall submit to the appropriate
committees of Congress a report on the efforts of the
intelligence community to build an integrated hybrid space
architecture that combines national and commercial
capabilities and large and small satellites.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) An assessment of how the integrated hybrid space
architecture approach is being realized in the overhead
architecture of the National Reconnaissance Office.
(2) An assessment of the benefits to the mission of the
National Reconnaissance Office and the cost of integrating
capabilities from smaller, proliferated satellites and data
from commercial satellites with the national technical means
architecture.
SEC. 332. REPORT ON PROJECT MAVEN TRANSITION.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of the
National Geospatial-Intelligence Agency, in consultation with
such other Federal Government entities as the Director
considers appropriate, shall submit to the appropriate
committees of Congress a report on the transition of Project
Maven to operational mission support.
(c) Plan of Action and Milestones.--The report required by
subsection (b) shall include a detailed plan of action and
milestones that identifies--
(1) the milestones and decision points leading up to the
transition of successful geospatial intelligence capabilities
developed under Project Maven to the National Geospatial-
Intelligence Agency; and
(2) the metrics of success regarding the transition
described in paragraph (1) and mission support provided to
the National Geospatial-Intelligence Agency for each of
fiscal years 2022 and 2023.
(d) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 333. ASSESSMENT OF INTELLIGENCE COMMUNITY
COUNTERNARCOTICS CAPABILITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence shall, in consultation with such other Federal
Government entities as the Director considers appropriate,
submit to the appropriate committees of Congress an
assessment on the status of the intelligence community's--
(1) counternarcotics capabilities and resourcing with
regard to intelligence collection and analysis;
(2) operational support to foreign liaison partners; and
(3) operational capacity to support the counternarcotics
mission of the Federal Government.
(c) Form.--The assessment required by subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 334. ASSESSMENT OF INTELLIGENCE COMMUNITY'S
INTELLIGENCE-SHARING RELATIONSHIPS WITH LATIN
AMERICAN PARTNERS IN COUNTERNARCOTICS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary of the Senate; and
(3) the Committee on the Judiciary of the House of
Representatives.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence shall, in consultation with such other Federal
Government entities as the Director considers appropriate,
submit to the appropriate committees of Congress an
assessment on the intelligence-sharing relationships of the
intelligence community with foreign partners in Latin America
on counternarcotics matters.
(c) Form.--The assessment required by subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 335. REPORT ON UNITED STATES SOUTHERN COMMAND
INTELLIGENCE CAPABILITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of the
Defense Intelligence Agency, in consultation with such other
Federal Government entities as the Director considers
relevant, shall submit to the appropriate committees of
Congress a report detailing the status of United States
Southern Command's intelligence collection, analysis, and
operational capabilities to support Latin America-based
missions.
(c) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
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SEC. 336. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON TRENDS
IN TECHNOLOGIES OF STRATEGIC IMPORTANCE TO
UNITED STATES.
(a) In General.--Not less frequently than once every 2
years until the date that is 4 years after the date of the
enactment of this Act, the Director of National Intelligence
shall, in consultation with the Secretary of Commerce and the
Director of the Office of Science and Technology Policy,
submit to Congress a report assessing commercial and foreign
trends in technologies the Director considers of strategic
importance to the national and economic security of the
United States.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) A list of the top technology focus areas that the
Director considers to be of the most strategic importance to
the United States.
(2) A list of the top technology focus areas in which
countries that are adversarial to the United States are
poised to match or surpass the technological leadership of
the United States.
(c) Form.--Each report submitted under subsection (a) may
take the form of a National Intelligence Estimate and shall
be submitted in classified form, but may include an
unclassified summary.
SEC. 337. REPORT ON NORD STREAM II COMPANIES AND INTELLIGENCE
TIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate;
and
(3) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Financial Services, the
Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 30 days after the date
of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress a report on Nord Stream II efforts,
including:
(1) an unclassified list of all companies supporting the
Nord Stream II project; and
(2) an updated assessment of current or former ties between
Nord Stream's Chief Executive Officer and Russian, East
German, or other hostile intelligence agencies.
(c) Form.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 338. ASSESSMENT OF ORGANIZATION OF DEFENSIVE INNOVATION
AND RESEARCH ACTIVITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress an assessment of the activities and
objectives of the Organization of Defensive Innovation and
Research (SPND). This assessment shall include information
about the composition of the organization, the relationship
of its personnel to any research on weapons of mass
destruction, and any sources of financial and material
support that such organization receives, including from the
Government of Iran.
(c) Form.--The assessment required under subsection (b)
shall be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 339. REPORT ON INTELLIGENCE COMMUNITY SUPPORT TO VISAS
MANTIS PROGRAM.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
the Judiciary, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Appropriations of the Senate;
and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, the Committee on Financial Services, and the
Committee on Appropriations of the House of Representatives.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the head of any other
appropriate Government entity, shall submit to the
appropriate committees of Congress a report on intelligence
matters relating to the Visas Mantis program, including
efforts by--
(A) the intelligence community to provide and plan for
effective intelligence support to such program; and
(B) hostile intelligence services to exploit such program
or any other program by which visas for admission to the
United States are issued.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex, as necessary.
SEC. 340. PLAN FOR ARTIFICIAL INTELLIGENCE DIGITAL ECOSYSTEM.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Director of National
Intelligence shall--
(1) develop a plan for the development and resourcing of a
modern digital ecosystem that embraces state-of-the-art tools
and modern processes to enable development, testing,
fielding, and continuous updating of artificial intelligence-
powered applications at speed and scale from headquarters to
the tactical edge; and
(2) submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives the plan developed under
paragraph (1).
(b) Contents of Plan.--At a minimum, the plan required by
subsection (a) shall include the following:
(1) A roadmap for adopting a hoteling model to allow
trusted small- and medium-sized artificial intelligence
companies access to classified facilities on a flexible
basis.
(2) An open architecture and an evolving reference design
and guidance for needed technical investments in the proposed
ecosystem that address issues, including common interfaces,
authentication, applications, platforms, software, hardware,
and data infrastructure.
(3) A governance structure, together with associated
policies and guidance, to drive the implementation of the
reference throughout the intelligence community on a
federated basis.
(4) Recommendations to ensure that use of artificial
intelligence and associated data in Federal Government
operations comport with rights relating to freedom of
expression, equal protection, privacy, and due process.
(c) Form.--The plan submitted under subsection (a)(2) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 341. STUDY ON UTILITY OF EXPANDED PERSONNEL MANAGEMENT
AUTHORITY.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
(b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence and Security and the Director of National
Intelligence shall jointly submit to the appropriate
committees of Congress a study on the utility of providing
elements of the intelligence community of the Department of
Defense, other than the National Geospatial-Intelligence
Agency, personnel management authority to attract experts in
science and engineering under section 1599h of title 10,
United States Code.
SEC. 342. ASSESSMENT OF ROLE OF FOREIGN GROUPS IN DOMESTIC
VIOLENT EXTREMISM.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
(b) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall--
(1) complete an assessment to identify the role of foreign
groups, including entities, adversaries, governments, or
other groups, in domestic violent extremist activities in the
United States; and
(2) submit to the appropriate committees of Congress the
findings of the Director with respect to the assessment
completed under paragraph (1).
(c) Form.--The findings submitted under subsection (b)(2)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 343. REPORT ON THE ASSESSMENT OF ALL-SOURCE CYBER
INTELLIGENCE INFORMATION, WITH AN EMPHASIS ON
SUPPLY CHAIN RISKS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the potential to strengthen all-source
intelligence integration relating to foreign cyber threats,
with an emphasis on cyber supply chain risks.
(b) Contents.--The report required under subsection (a)
shall include the following:
(1) An assessment of the effectiveness of the all-source
cyber intelligence integration
[[Page S8735]]
capabilities of the Office of the Director of National
Intelligence and recommendations for such changes as the
Director considers necessary to strengthen those
capabilities.
(2) An assessment of the effectiveness of the Office of the
Director of National Intelligence in analyzing and reporting
on cyber supply chain risks, including efforts undertaken by
the National Counterintelligence and Security Center.
(3) Mitigation plans for any gaps or deficiencies
identified in the assessments included under paragraphs (1)
and (2).
SEC. 344. SUPPORT FOR AND OVERSIGHT OF UNIDENTIFIED AERIAL
PHENOMENA TASK FORCE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' includes:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Commerce, Science, and Transportation
of the Senate.
(D) The Committee on Armed Services of the House of
Representatives.
(E) The Committee on Transportation and Infrastructure of
the House of Representatives.
(F) The Committee on Science, Space, and Technology of the
House of Representatives.
(2) Unidentified aerial phenomena task force.--The term
``Unidentified Aerial Phenomena Task Force'' means the task
force established by the Department of Defense on August 4,
2020, to be led by the Department of the Navy, under the
Office of the Under Secretary of Defense for Intelligence and
Security.
(b) Availability of Data on Unidentified Aerial
Phenomena.--The Director of National Intelligence and the
Secretary of Defense shall each, in coordination with each
other, require each element of the intelligence community and
the Department of Defense with data relating to unidentified
aerial phenomena to make such data available immediately to
the Unidentified Aerial Phenomena Task Force and to the
National Air and Space Intelligence Center.
(c) Quarterly Reports to Congress.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and not less frequently than
quarterly thereafter, the Unidentified Aerial Phenomena Task
Force, or such other entity as the Deputy Secretary of
Defense may designate to be responsible for matters relating
to unidentified aerial phenomena, shall submit to the
appropriate committees of Congress quarterly reports on the
findings of the Unidentified Aerial Phenomena Task Force, or
such other designated entity as the case may be.
(2) Contents.--Each report submitted under paragraph (1)
shall include, at a minimum, the following:
(A) All reported unidentified aerial phenomena-related
events that occurred during the previous 90 days.
(B) All reported unidentified aerial phenomena-related
events that occurred during a time period other than the
previous 90 days but were not included in an earlier report.
(3) Form.--Each report submitted under paragraph (1) shall
be submitted in classified form.
SEC. 345. PUBLICATION OF UNCLASSIFIED APPENDICES FROM REPORTS
ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS.
Section 6720(c) of the National Defense Authorization Act
for Fiscal Year 2020 (50 U.S.C. 3316a(c)) is amended by
adding at the end the following:
``(4) Publication.--The Director of National Intelligence
shall make available to the public each unclassified appendix
submitted with a report under paragraph (1) pursuant to
paragraph (2).''.
SEC. 346. REPORT ON FUTURE STRUCTURE AND RESPONSIBILITIES OF
FOREIGN MALIGN INFLUENCE CENTER.
(a) Assessment and Report Required.--Not later than one
year after the date of the enactment of this Act, the
Director of National Intelligence shall--
(1) conduct an assessment as to the future structure and
responsibilities of the Foreign Malign Influence Center; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to the
assessment conducted under paragraph (1).
(b) Elements.--The assessment conducted under subsection
(a)(1) shall include an assessment of whether--
(1) the Director of the Foreign Malign Influence Center
should continue to report directly to the Director of
National Intelligence; or
(2) the Foreign Malign Influence Center should become an
element of the National Counterintelligence and Security
Center and the Director of the Foreign Malign Influence
Center should report to the Director of the National
Counterintelligence and Security Center.
Subtitle D--People's Republic of China
SEC. 351. ASSESSMENT OF POSTURE AND CAPABILITIES OF
INTELLIGENCE COMMUNITY WITH RESPECT TO ACTIONS
OF THE PEOPLE'S REPUBLIC OF CHINA TARGETING
TAIWAN.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence and the Director of the Central Intelligence
Agency shall jointly--
(1) complete an assessment to identify whether the posture
and capabilities of the intelligence community are adequate
to provide--
(A) sufficient indications and warnings regarding actions
of the People's Republic of China targeting Taiwan; and
(B) policymakers with sufficient lead time to respond to
actions described in subparagraph (A); and
(2) submit to the appropriate committees of Congress the
findings of the assessment completed under paragraph (1).
(c) Form.--The findings submitted under subsection (b)(2)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 352. PLAN TO COOPERATE WITH INTELLIGENCE AGENCIES OF KEY
DEMOCRATIC COUNTRIES REGARDING TECHNOLOGICAL
COMPETITION WITH PEOPLE'S REPUBLIC OF CHINA.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(b) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a plan to increase cooperation with the intelligence
agencies of key democratic countries and key partners and
allies of the United States in order to track and analyze the
following:
(1) Technology capabilities and gaps among allied and
partner countries of the United States.
(2) Current capabilities of the People's Republic of China
in critical technologies and components.
(3) The efforts of the People's Republic of China to buy
startups, conduct joint ventures, and invest in specific
technologies globally.
(4) The technology development of the People's Republic of
China in key technology sectors.
(5) The efforts of the People's Republic of China relating
to standard-setting forums.
(6) Supply chain vulnerabilities for key technology
sectors.
SEC. 353. ASSESSMENT OF PEOPLE'S REPUBLIC OF CHINA GENOMIC
COLLECTION.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Health, Education, Labor, and Pensions, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Homeland Security, the Committee on Labor and Education, the
Committee on Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(b) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with other appropriate Federal
Government entities, shall submit to the appropriate
committees of Congress an assessment of the People's Republic
of China's plans, intentions, capabilities, and resources
devoted to biotechnology, and the objectives underlying those
activities. The assessment shall include--
(1) a detailed analysis of efforts undertaken by the
People's Republic of China (PRC) to acquire foreign-origin
biotechnology, research and development, and genetic
information, including technology owned by United States
companies, research by United States institutions, and the
genetic information of United States citizens;
(2) identification of PRC-based organizations conducting or
directing these efforts, including information about the ties
between those organizations and the PRC government, the
Chinese Communist Party, or the People's Liberation Army; and
(3) a detailed analysis of the intelligence community
resources devoted to biotechnology, including synthetic
biology and genomic-related issues, and a plan to improve
understanding of these issues and ensure the intelligence
community has the requisite expertise.
[[Page S8736]]
(c) Form.--The assessment required under subsection (b)
shall be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 354. UPDATES TO ANNUAL REPORTS ON INFLUENCE OPERATIONS
AND CAMPAIGNS IN THE UNITED STATES BY THE
CHINESE COMMUNIST PARTY.
Section 1107(b) of the National Security Act of 1947 (50
U.S.C. 3237(b)) is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following:
``(9) A listing of all known Chinese talent recruitment
programs operating in the United States as of the date of the
report.''.
SEC. 355. REPORT ON INFLUENCE OF PEOPLE'S REPUBLIC OF CHINA
THROUGH BELT AND ROAD INITIATIVE PROJECTS WITH
OTHER COUNTRIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report on recent projects negotiated by the
People's Republic of China with other countries as part of
the Belt and Road Initiative of the People's Republic of
China. Such report shall include information about the types
of such projects, costs of such projects, and the potential
national security implications of such projects.
(c) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 356. STUDY ON THE CREATION OF AN OFFICIAL DIGITAL
CURRENCY BY THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) In General.--Not later than one year after the date of
the enactment of this Act, the President shall submit to the
appropriate committees of Congress a report on the short-,
medium-, and long-term national security risks associated
with the creation and use of the official digital renminbi of
the People's Republic of China, including--
(1) risks arising from potential surveillance of
transactions;
(2) risks related to security and illicit finance; and
(3) risks related to economic coercion and social control
by the People's Republic of China.
(c) Form of Report.--The report required by subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 357. REPORT ON EFFORTS OF CHINESE COMMUNIST PARTY TO
ERODE FREEDOM AND AUTONOMY IN HONG KONG.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report on efforts of the Chinese Communist Party
to stifle political freedoms in Hong Kong, influence or
manipulate the judiciary of Hong Kong, destroy freedom of the
press and speech in Hong Kong, and take actions to otherwise
undermine the democratic processes of Hong Kong.
(c) Contents.--The report submitted under subsection (b)
shall include an assessment of the implications of the
efforts of the Chinese Communist Party described in such
subsection for international business, investors, academic
institutions, and other individuals operating in Hong Kong.
(d) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 358. REPORT ON TARGETING OF RENEWABLE SECTORS BY CHINA.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report assessing the efforts and advancements of
China in the wind power, solar power, and electric vehicle
battery production sectors (or key components of such
sectors).
(c) Contents.--The report submitted under subsection (b)
shall include the following:
(1) An assessment of how China is targeting rare earth
minerals and the effect of such targeting on the sectors
described in subsection (b).
(2) Details of the use by the Chinese Communist Party of
state-sanctioned forced labor schemes, including forced labor
and the transfer of Uyghurs and other ethnic groups, and
other human rights abuses in such sectors.
(d) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
TITLE IV--ANOMALOUS HEALTH INCIDENTS
SEC. 401. DEFINITION OF ANOMALOUS HEALTH INCIDENT.
In this title, the term ``anomalous health incident'' means
an unexplained health event characterized by any of a
collection of symptoms and clinical signs that includes the
sudden onset of perceived loud sound, a sensation of intense
pressure or vibration in the head, possibly with a
directional character, followed by the onset of tinnitus,
hearing loss, acute disequilibrium, unsteady gait, visual
disturbances, and ensuing cognitive dysfunction.
SEC. 402. ASSESSMENT AND REPORT ON INTERAGENCY COMMUNICATION
RELATING TO EFFORTS TO ADDRESS ANOMALOUS HEALTH
INCIDENTS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Assessment and Report Required.--Not later than 180
days after the date of the enactment of this Act, the
Director of National Intelligence shall--
(1) conduct an assessment of how the various elements of
the intelligence community are coordinating or collaborating
with each other and with elements of the Federal Government
that are not part of the intelligence community in their
efforts to address anomalous health incidents; and
(2) submit to the appropriate committees of Congress a
report on the findings of the Director with respect to the
assessment conducted under paragraph (1).
(c) Form.--The report submitted pursuant to subsection
(b)(2) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 403. ADVISORY PANEL ON THE OFFICE OF MEDICAL SERVICES OF
THE CENTRAL INTELLIGENCE AGENCY.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall establish, under the sponsorship of such
entities as the Director considers appropriate, an advisory
panel to assess the capabilities, expertise, and
qualifications of the Office of Medical Services of the
Central Intelligence Agency in relation to the care and
health management of personnel of the intelligence community
who are reporting symptoms consistent with anomalous health
incidents.
(b) Membership.--
(1) In general.--The advisory panel shall be composed of at
least 9 individuals selected by the Director of National
Intelligence from among individuals who are recognized
experts in the medical profession and intelligence community.
(2) Diversity.--In making appointments to the advisory
panel, the Director shall ensure that the members of the
panel reflect diverse experiences in the public and private
sectors.
(c) Duties.--The duties of the advisory panel established
under subsection (a) are as follows:
(1) To review the performance of the Office of Medical
Services of the Central Intelligence Agency, specifically as
it relates to the medical care of personnel of the
intelligence community who are reporting symptoms consistent
with anomalous health incidents during the period beginning
on January 1, 2016, and ending on December 31, 2021.
(2) To assess the policies and procedures that guided
external treatment referral practices for Office of Medical
Services patients who reported symptoms consistent with
anomalous health incidents during the period described in
paragraph (1).
(3) To develop recommendations regarding capabilities,
processes, and policies to improve patient treatment by the
Office of Medical Services with regard to anomalous health
incidents, including with respect to access to external
treatment facilities and specialized medical care.
(4) To prepare and submit a report as required by
subsection (e)(1).
(d) Administrative Matters.--
(1) In general.--The Director of the Central Intelligence
Agency shall provide the
[[Page S8737]]
advisory panel established pursuant to subsection (a) with
timely access to appropriate information, data, resources,
and analysis so that the advisory panel may carry out the
duties of the advisory panel under subsection (c).
(2) Inapplicability of faca.--The requirements of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the advisory panel established pursuant to
subsection (a).
(e) Reports.--
(1) Final report.--Not later than 1 year after the date on
which the Director of National Intelligence establishes the
advisory panel pursuant to subsection (a), the advisory panel
shall submit to the Director of National Intelligence, the
Director of the Central Intelligence Agency, and the
congressional intelligence committees a final report on the
activities of the advisory panel under this section.
(2) Elements.--The final report submitted under paragraph
(1) shall contain a detailed statement of the findings and
conclusions of the panel, including--
(A) a history of anomalous health incidents; and
(B) such additional recommendations for legislation or
administrative action as the advisory panel considers
appropriate.
(3) Interim report or briefing.--Not later than 180 days
after the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report or provide such committees a
briefing on the interim findings of the advisory panel with
respect to the elements set forth in paragraph (2).
(4) Comments of the director of national intelligence.--Not
later than 30 days after receiving the final report of the
advisory panel under paragraph (1), the Director of National
Intelligence shall submit to the congressional intelligence
committees such comments as the Director may have with
respect to such report.
SEC. 404. JOINT TASK FORCE TO INVESTIGATE ANOMALOUS HEALTH
INCIDENTS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, and the
Committee on Appropriations of the House of Representatives.
(b) Joint Task Force Required.--The Director of National
Intelligence and the Director of the Federal Bureau of
Investigation shall jointly establish a task force to
investigate anomalous health incidents.
(c) Consultation.--In carrying out an investigation under
subsection (b), the task force established under such
subsection shall consult with the Secretary of Defense.
(d) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the task force established under
subsection (b) shall complete the investigation required by
such subsection and submit to the appropriate committees of
Congress a written report on the findings of the task force
with respect to such investigation.
(2) Form.--The report submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 405. REPORTING ON OCCURRENCE OF ANOMALOUS HEALTH
INCIDENTS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations of the Senate; and
(3) the Committee on Appropriations of the House of
Representatives.
(b) In General.--Whenever the head of an element of the
intelligence community becomes aware of a report of an
anomalous health incident occurring among the employees or
contractors of the element, the head of the element shall
submit to the appropriate committees of Congress a brief
report on the reported incident.
SEC. 406. ACCESS TO CERTAIN FACILITIES OF UNITED STATES
GOVERNMENT FOR ASSESSMENT OF ANOMALOUS HEALTH
CONDITIONS.
(a) Assessment.--The Director of National Intelligence
shall ensure that elements of the intelligence community
provide to employees of elements of the intelligence
community and their family members who are experiencing
symptoms of anomalous health conditions timely access for
medical assessment to facilities of the United States
Government with expertise in traumatic brain injury.
(b) Process for Assessment and Treatment.--The Director of
National Intelligence shall coordinate with the Secretary of
Defense and the heads of such Federal agencies as the
Director considers appropriate to ensure there is a process
to provide employees and their family members described in
subsection (a) with timely access to the National Intrepid
Center of Excellence, an Intrepid Spirit Center, or an
appropriate military medical treatment facility for
assessment and, if necessary, treatment, by not later than 60
days after the date of the enactment of this Act.
TITLE V--SECURITY CLEARANCES AND TRUSTED WORKFORCE
SEC. 501. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN
SECURITY CLEARANCE PROCEDURES, AND RIGHT TO
APPEAL.
(a) Exclusivity of Procedures.--Section 801 of the National
Security Act of 1947 (50 U.S.C. 3161) is amended by adding at
the end the following:
``(c) Exclusivity.--Except as provided in subsection (b)
and subject to sections 801A and 801B, the procedures
established pursuant to subsection (a) and promulgated and
set forth under part 2001 of title 32, Code of Federal
Regulations, or successor regulations, shall be the exclusive
procedures by which decisions about eligibility for access to
classified information are governed.''.
(b) Transparency.--Such section is further amended by
adding at the end the following:
``(d) Publication.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the President shall--
``(A) publish in the Federal Register the procedures
established pursuant to subsection (a); or
``(B) submit to Congress a certification that the
procedures currently in effect that govern access to
classified information as described in subsection (a)--
``(i) are published in the Federal Register; and
``(ii) comply with the requirements of subsection (a).
``(2) Updates.--Whenever the President makes a revision to
a procedure established pursuant to subsection (a), the
President shall publish such revision in the Federal Register
not later than 30 days before the date on which the revision
becomes effective.''.
(c) Consistency.--
(1) In general.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED
INFORMATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Classified information.--The term `classified
information' includes sensitive compartmented information,
restricted data, restricted handling information, and other
compartmented information.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(b) In General.--Each head of an agency that makes a
determination regarding eligibility for access to classified
information shall ensure that in making the determination,
the head of the agency or any person acting on behalf of the
head of the agency--
``(1) does not violate any right or protection enshrined in
the Constitution of the United States, including rights
articulated in the First, Fifth, and Fourteenth Amendments;
``(2) does not discriminate for or against an individual on
the basis of race, ethnicity, color, religion, sex, national
origin, age, or handicap;
``(3) is not carrying out--
``(A) retaliation for political activities or beliefs; or
``(B) a coercion or reprisal described in section
2302(b)(3) of title 5, United States Code; and
``(4) does not violate section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002) is amended by inserting after the item
relating to section 801 the following:
``Sec. 801A. Decisions relating to access to classified information.''.
(d) Right to Appeal.--
(1) In general.--Such title, as amended by subsection (c),
is further amended by inserting after section 801A the
following:
``SEC. 801B. RIGHT TO APPEAL.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Covered person.--The term `covered person' means a
person, other than the President and Vice President,
currently or formerly employed in, detailed to, assigned to,
or issued an authorized conditional offer of employment for a
position that requires access to classified information by an
agency, including the following:
``(A) A member of the Armed Forces.
``(B) A civilian.
``(C) An expert or consultant with a contractual or
personnel obligation to an agency.
``(D) Any other category of person who acts for or on
behalf of an agency as determined by the head of the agency.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(4) Need for access.--The term `need for access' has such
meaning as the President
[[Page S8738]]
may define in the procedures established pursuant to section
801(a).
``(5) Reciprocity of clearance.--The term `reciprocity of
clearance', with respect to a denial by an agency, means that
the agency, with respect to a covered person--
``(A) failed to accept a security clearance background
investigation as required by paragraph (1) of section 3001(d)
of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(d));
``(B) failed to accept a transferred security clearance
background investigation required by paragraph (2) of such
section;
``(C) subjected the covered person to an additional
investigative or adjudicative requirement in violation of
paragraph (3) of such section; or
``(D) conducted an investigation in violation of paragraph
(4) of such section.
``(6) Security executive agent.--The term `Security
Executive Agent' means the officer serving as the Security
Executive Agent pursuant to section 803.
``(b) Agency Review.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2022, each head of an agency shall, consistent
with the interests of national security, establish and
publish in the Federal Register a process by which a covered
person to whom eligibility for access to classified
information was denied or revoked by the agency or for whom
reciprocity of clearance was denied by the agency can appeal
that denial or revocation within the agency.
``(2) Elements.--The process required by paragraph (1)
shall include the following:
``(A) In the case of a covered person to whom eligibility
for access to classified information or reciprocity of
clearance is denied or revoked by an agency, the following:
``(i) The head of the agency shall provide the covered
person with a written--
``(I) detailed explanation of the basis for the denial or
revocation as the head of the agency determines is consistent
with the interests of national security and as permitted by
other applicable provisions of law; and
``(II) notice of the right of the covered person to a
hearing and appeal under this subsection.
``(ii) Not later than 30 days after receiving a request
from the covered person for copies of the documents that
formed the basis of the agency's decision to revoke or deny,
including the investigative file, the head of the agency
shall provide to the covered person copies of such documents
as--
``(I) the head of the agency determines is consistent with
the interests of national security; and
``(II) permitted by other applicable provisions of law,
including--
``(aa) section 552 of title 5, United States Code (commonly
known as the `Freedom of Information Act');
``(bb) section 552a of such title (commonly known as the
`Privacy Act of 1974'); and
``(cc) such other provisions of law relating to the
protection of confidential sources and privacy of
individuals.
``(iii)(I) The covered person shall have the opportunity to
retain counsel or other representation at the covered
person's expense.
``(II) Upon the request of the covered person, and a
showing that the ability to review classified information is
essential to the resolution of an appeal under this
subsection, counsel or other representation retained under
this clause shall be considered for access to classified
information for the limited purposes of such appeal.
``(iv)(I) The head of the agency shall provide the covered
person an opportunity, at a point in the process determined
by the agency head--
``(aa) to appear personally before an adjudicative or other
authority, other than the investigating entity, and to
present to such authority relevant documents, materials, and
information, including evidence that past problems relating
to the denial or revocation have been overcome or
sufficiently mitigated; and
``(bb) to call and cross-examine witnesses before such
authority, unless the head of the agency determines that
calling and cross-examining witnesses is not consistent with
the interests of national security.
``(II) The head of the agency shall make, as part of the
security record of the covered person, a written summary,
transcript, or recording of any appearance under item (aa) of
subclause (I) or of any calling or cross-examining of
witnesses under item (bb) of such subclause.
``(v) On or before the date that is 30 days after the date
on which the covered person receives copies of documents
under clause (ii), the covered person may request a hearing
of the decision to deny or revoke by filing a written appeal
with the head of the agency.
``(B) A requirement that each review of a decision under
this subsection is completed on average not later than 180
days after the date on which a hearing is requested under
subparagraph (A)(v).
``(3) Agency review panels.--
``(A) In general.--Each head of an agency shall establish a
panel to hear and review appeals under this subsection.
``(B) Membership.--
``(i) Composition.--Each panel established by the head of
an agency under subparagraph (A) shall be composed of at
least 3 employees of the agency selected by the agency head,
two of whom shall not be members of the security field.
``(ii) Terms.--A term of service on a panel established by
the head of an agency under subparagraph (A) shall not exceed
2 years.
``(C) Decisions.--
``(i) Written.--Each decision of a panel established under
subparagraph (A) shall be in writing and contain a
justification of the decision.
``(ii) Consistency.--Each head of an agency that
establishes a panel under subparagraph (A) shall ensure that
each decision of the panel is consistent with the interests
of national security and applicable provisions of law.
``(iii) Overturn.--The head of an agency may overturn a
decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the agency head
personally exercises the authority granted by this clause to
overturn such decision.
``(iv) Finality.--Each decision of a panel established
under subparagraph (A) or overturned pursuant to clause (iii)
of this subparagraph shall be final but subject to appeal and
review under subsection (c).
``(D) Access to classified information.--The head of an
agency that establishes a panel under subparagraph (A) shall
afford access to classified information to the members of the
panel as the agency head determines--
``(i) necessary for the panel to hear and review an appeal
under this subsection; and
``(ii) consistent with the interests of national security.
``(4) Representation by counsel.--
``(A) In general.--Each head of an agency shall ensure
that, under this subsection, a covered person appealing a
decision of the head's agency under this subsection has an
opportunity to retain counsel or other representation at the
covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of a covered person
appealing a decision of an agency under this subsection and a
showing that the ability to review classified information is
essential to the resolution of the appeal under this
subsection, the head of the agency shall sponsor an
application by the counsel or other representation retained
under this paragraph for access to classified information for
the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Corrective action.--If, in the course of proceedings
under this subsection, the head of an agency or a panel
established by the agency head under paragraph (3) decides
that a covered person's eligibility for access to classified
information was improperly denied or revoked by the agency,
the agency shall take corrective action to return the covered
person, as nearly as practicable and reasonable, to the
position such covered person would have held had the improper
denial or revocation not occurred.
``(6) Publication of decisions.--
``(A) In general.--Each head of an agency shall publish
each final decision on an appeal under this subsection.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and meaningful information for those
who need to understand how the clearance process works, each
publication under subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
``(iii) made available on a website that is searchable by
members of the public.
``(c) Higher Level Review.--
``(1) Panel.--
``(A) Establishment.--Not later than 180 days after the
date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2022, the Security Executive Agent shall
establish a panel to review decisions made on appeals
pursuant to the processes established under subsection (b).
``(B) Scope of review and jurisdiction.--After the initial
review to verify grounds for appeal, the panel established
under subparagraph (A) shall review such decisions only--
``(i) as they relate to violations of section 801A(b); or
``(ii) to the extent to which an agency properly conducted
a review of an appeal under subsection (b).
``(C) Composition.--The panel established pursuant to
subparagraph (A) shall be composed of three individuals
selected by the Security Executive Agent for purposes of the
panel, of whom at least one shall be an attorney.
``(2) Appeals and timeliness.--
``(A) Appeals.--
``(i) Initiation.--On or before the date that is 30 days
after the date on which a covered person receives a written
decision on an appeal under subsection (b), the covered
person may initiate oversight of that decision by filing a
written appeal with the Security Executive Agent.
``(ii) Filing.--A written appeal filed under clause (i)
relating to a decision of an agency shall be filed in such
form, in such manner,
[[Page S8739]]
and containing such information as the Security Executive
Agent may require, including--
``(I) a description of--
``(aa) any alleged violations of section 801A(b) relating
to the denial or revocation of the covered person's
eligibility for access to classified information; and
``(bb) any allegations of how the decision may have been
the result of the agency failing to properly conduct a review
under subsection (b); and
``(II) supporting materials and information for the
allegations described under subclause (I).
``(B) Timeliness.--The Security Executive Agent shall
ensure that, on average, review of each appeal filed under
this subsection is completed not later than 180 days after
the date on which the appeal is filed.
``(3) Decisions and remands.--
``(A) In general.--If, in the course of reviewing under
this subsection a decision of an agency under subsection (b),
the panel established under paragraph (1) decides that there
is sufficient evidence of a violation of section 801A(b) to
merit a new hearing or decides that the decision of the
agency was the result of an improperly conducted review under
subsection (b), the panel shall vacate the decision made
under subsection (b) and remand to the agency by which the
covered person shall be eligible for a new appeal under
subsection (b).
``(B) Written decisions.--Each decision of the panel
established under paragraph (1) shall be in writing and
contain a justification of the decision.
``(C) Consistency.--The panel under paragraph (1) shall
ensure that each decision of the panel is consistent with the
interests of national security and applicable provisions of
law.
``(D) Finality.--
``(i) In general.--Except as provided in clause (ii), each
decision of the panel established under paragraph (1) shall
be final.
``(ii) Overturn.--The Security Executive Agent may overturn
a decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the Security
Executive Agent personally exercises the authority granted by
this clause to overturn such decision.
``(E) Nature of remands.--In remanding a decision under
subparagraph (A), the panel established under paragraph (1)
may not direct the outcome of any further appeal under
subsection (b).
``(F) Notice of decisions.--For each decision of the panel
established under paragraph (1) regarding a covered person,
the Security Executive Agent shall provide the covered person
with a written notice of the decision that includes a
detailed description of the reasons for the decision,
consistent with the interests of national security and
applicable provisions of law.
``(4) Representation by counsel.--
``(A) In general.--The Security Executive Agent shall
ensure that, under this subsection, a covered person
appealing a decision under subsection (b) has an opportunity
to retain counsel or other representation at the covered
person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of the covered person
and a showing that the ability to review classified
information is essential to the resolution of an appeal under
this subsection, the Security Executive Agent shall sponsor
an application by the counsel or other representation
retained under this paragraph for access to classified
information for the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Access to documents and employees.--
``(A) Affording access to members of panel.--The Security
Executive Agent shall afford access to classified information
to the members of the panel established under paragraph
(1)(A) as the Security Executive Agent determines--
``(i) necessary for the panel to review a decision
described in such paragraph; and
``(ii) consistent with the interests of national security.
``(B) Agency compliance with requests of panel.--Each head
of an agency shall comply with each request by the panel for
a document and each request by the panel for access to
employees of the agency necessary for the review of an appeal
under this subsection, to the degree that doing so is, as
determined by the head of the agency and permitted by
applicable provisions of law, consistent with the interests
of national security.
``(6) Publication of decisions.--
``(A) In general.--For each final decision on an appeal
under this subsection, the head of the agency with respect to
which the appeal pertains and the Security Executive Agent
shall each publish the decision, consistent with the
interests of national security.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and meaningful information for those
who need to understand how the clearance process works, each
publication under subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
``(iii) made available on a website that is searchable by
members of the public.
``(d) Period of Time for the Right to Appeal.--
``(1) In general.--Except as provided in paragraph (2), any
covered person who has been the subject of a decision made by
the head of an agency to deny or revoke eligibility for
access to classified information shall retain all rights to
appeal under this section until the conclusion of the appeals
process under this section.
``(2) Waiver of rights.--
``(A) Persons.--Any covered person may voluntarily waive
the covered person's right to appeal under this section and
such waiver shall be conclusive.
``(B) Agencies.--The head of an agency may not require a
covered person to waive the covered person's right to appeal
under this section for any reason.
``(e) Waiver of Availability of Procedures for National
Security Interest.--
``(1) In general.--If the head of an agency determines that
a procedure established under subsection (b) cannot be made
available to a covered person in an exceptional case without
damaging a national security interest of the United States by
revealing classified information, such procedure shall not be
made available to such covered person.
``(2) Finality.--A determination under paragraph (1) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(3) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (1) that a procedure
established under subsection (b) cannot be made available to
a covered person, the agency head shall, not later than 30
days after the date on which the agency head makes such
determination, submit to the Security Executive Agent and to
the congressional intelligence committees a report stating
the reasons for the determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (1) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (1), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
``(f) Denials and Revocations Under Other Provisions of
Law.--
``(1) Rule of construction.--Nothing in this section shall
be construed to limit or affect the responsibility and power
of the head of an agency to deny or revoke eligibility for
access to classified information or to deny reciprocity of
clearance in the interest of national security.
``(2) Denials and revocation.--The power and responsibility
to deny or revoke eligibility for access to classified
information or to deny reciprocity of clearance pursuant to
any other provision of law or Executive order may be
exercised only when the head of an agency determines that an
applicable process established under this section cannot be
invoked in a manner that is consistent with national
security.
``(3) Finality.--A determination under paragraph (2) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(4) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (2) that a determination
relating to a denial or revocation of eligibility for access
to classified information or denial of reciprocity of
clearance could not be made pursuant to a process established
under this section, the agency head shall, not later than 30
days after the date on which the agency head makes such a
determination under paragraph (2), submit to the Security
Executive Agent and to the congressional intelligence
committees a report stating the reasons for the
determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (2) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (2), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
[[Page S8740]]
``(g) Relationship to Suitability.--No person may use a
determination of suitability under part 731 of title 5, Code
of Federal Regulations, or successor regulation, for the
purpose of denying a covered person the review proceedings of
this section where there has been a denial or revocation of
eligibility for access to classified information or a denial
of reciprocity of clearance.
``(h) Preservation of Roles and Responsibilities Under
Executive Order 10865 and of the Defense Office of Hearings
and Appeals.--Nothing in this section shall be construed to
diminish or otherwise affect the procedures in effect on the
day before the date of the enactment of this Act for denial
and revocation procedures provided to individuals by
Executive Order 10865 (50 U.S.C. 3161 note; relating to
safeguarding classified information within industry), or
successor order, including those administered through the
Defense Office of Hearings and Appeals of the Department of
Defense under Department of Defense Directive 5220.6, or
successor directive.
``(i) Rule of Construction Relating to Certain Other
Provisions of Law.--This section and the processes and
procedures established under this section shall not be
construed to apply to paragraphs (6) and (7) of section
3001(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002), as amended by subsection (c), is
further amended by inserting after the item relating to
section 801A the following:
``Sec. 801B. Right to appeal.''.
SEC. 502. FEDERAL POLICY ON SHARING OF COVERED INSIDER THREAT
INFORMATION PERTAINING TO CONTRACTOR EMPLOYEES
IN THE TRUSTED WORKFORCE.
(a) Definition of Covered Insider Threat Information.--In
this section, the term ``covered insider threat
information''--
(1) means information that--
(A) is adjudicatively relevant;
(B) a Federal Government agency has vetted and verified;
and
(C) according to Director of National Intelligence policy,
is deemed relevant to a contractor's ability to protect
against insider threats as required by section 117.7(d) of
title 32, Code of Federal Regulations, or successor
regulation; and
(2) includes pertinent information considered in the
counter-threat assessment as allowed by a Federal statute or
an Executive Order.
(b) Policy Required.--Not later than 2 years after the date
of the enactment of this Act, the Director of National
Intelligence shall, in coordination with the Secretary of
Defense, the Director of the Office of Management and Budget,
and the Attorney General, issue a policy for the Federal
Government on sharing covered insider threat information
pertaining to contractor employees engaged by the Federal
Government.
(c) Consent Requirement.--The policy issued under
subsection (b) shall require, as a condition of obtaining and
maintaining a security clearance with the Federal Government,
that a contractor employee provide prior written consent for
the Federal Government to share covered insider threat
information with the insider threat program senior official
of the contractor employer that employs the contractor
employee. Such policy may include restrictions on the further
disclosure of such information.
(d) Consultation With Congress.--The Director of National
Intelligence shall establish a process for consulting on a
quarterly basis with Congress and industry partners during
development of the policy required under subsection (b).
(e) Review.--
(1) In general.--Not later than 1 year after the date of
the issuance of the policy required by subsection (b), the
Director of National Intelligence and the Secretary of
Defense shall jointly submit to Congress and make available
to such industry partners as the Director and the Secretary
consider appropriate a review of the policy issued under
subsection (b).
(2) Contents.--The review submitted under paragraph (1)
shall include the following:
(A) An assessment of the utility and effectiveness of the
policy issued under subsection (b).
(B) Such recommendations as the Director and the Secretary
may have for legislative or administrative action relevant to
such policy.
SEC. 503. PERFORMANCE MEASURES REGARDING TIMELINESS FOR
PERSONNEL MOBILITY.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall issue a policy for measuring the total
time it takes to transfer personnel with security clearances
and eligibility for access to information commonly referred
to as ``sensitive compartmented information'' (SCI) from one
Federal agency to another, or from one contract to another in
the case of a contractor.
(b) Requirements.--The policy issued under subsection (a)
shall--
(1) to the degree practicable, cover all personnel who are
moving to positions that require a security clearance and
access to sensitive compartmented information;
(2) cover the period from the first time a Federal agency
or company submits a request to a Federal agency for the
transfer of the employment of an individual with a clearance
access or eligibility determination to another Federal
agency, to the time the individual is authorized by that
receiving agency to start to work in the new position; and
(3) include analysis of all appropriate phases of the
process, including polygraph, suitability determination,
fitness determination, human resources review, transfer of
the sensitive compartmented information access, and contract
actions.
(c) Updated Policies.--
(1) Modifications.--Not later than 1 year after the date on
which the Director issues the policy under subsection (a),
the Director shall issue modifications to such policies as
the Director determines were issued before the issuance of
the policy under such subsection and are relevant to such
updated policy, as the Director considers appropriate.
(2) Recommendations.--Not later than 1 year after the date
on which the Director issues the policy under subsection (a),
the Director shall submit to Congress recommendations for
legislative action to update metrics specified elsewhere in
statute to measure parts of the process that support
transfers described in subsection (a).
(d) Annual Reports.--Not later than 180 days after issuing
the policy required by subsection (a) and not less frequently
than once each year thereafter until the date that is 3 years
after the date of such issuance, the Director shall submit to
Congress a report on the implementation of such policy. Such
report shall address performance by agency and by clearance
type in meeting such policy.
SEC. 504. GOVERNANCE OF TRUSTED WORKFORCE 2.0 INITIATIVE.
(a) Governance.--The Director of National Intelligence,
acting as the Security Executive Agent, and the Director of
the Office of Personnel Management, acting as the Suitability
and Credentialing Executive Agent, in coordination with the
Deputy Director for Management in the Office of Management
and Budget, acting as the director of the Performance
Accountability Council, and the Under Secretary of Defense
for Intelligence and Security shall jointly--
(1) not later than 180 days after the date of the enactment
of this Act, publish in the Federal Register a policy with
guidelines and standards for Federal Government agencies and
industry partners to implement the Trusted Workforce 2.0
initiative;
(2) not later than 2 years after the date of the enactment
of this Act and not less frequently than once every 6 months
thereafter, submit to Congress a report on the timing,
delivery, and adoption of Federal Government agencies'
policies, products, and services to implement the Trusted
Workforce 2.0 initiative, including those associated with the
National Background Investigation Service; and
(3) not later than 90 days after the date of the enactment
of this Act, submit to Congress performance management
metrics for the implementation of the Trusted Workforce 2.0
initiative, including performance metrics regarding
timeliness, cost, and measures of effectiveness.
(b) Independent Study on Trusted Workforce 2.0.--
(1) Study required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall enter into an agreement with an entity
that is not part of the Federal Government to conduct a study
on the effectiveness of the initiatives of the Federal
Government known as Trusted Workforce 1.25, 1.5, and 2.0.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An assessment of how effective such initiatives are or
will be in determining who should or should not have access
to classified information.
(B) A comparison of the effectiveness of such initiatives
with the system of periodic reinvestigations that was in
effect on the day before the date of the enactment of this
Act.
(C) Identification of what is lost from the suspension of
universal periodic reinvestigations in favor of a system of
continuous vetting.
(D) An assessment of the relative effectiveness of Trusted
Workforce 1.25, Trusted Workforce 1.5, and Trusted Workforce
2.0.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit a report on
the findings from the study conducted under paragraph (1) to
the following:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(D) The Committee on Armed Services of the House of
Representatives.
(E) The Committee on Oversight and Reform of the House of
Representatives.
TITLE VI--OTHER INTELLIGENCE MATTERS
SEC. 601. PERIODIC REPORTS ON TECHNOLOGY STRATEGY OF
INTELLIGENCE COMMUNITY.
(a) Periodic Reports Required.--No later than 1 year after
the date of the enactment of this Act and not less frequently
than once every 4 years thereafter, the Director of National
Intelligence shall, in coordination with the Director of the
Office of Science and Technology Policy, the Secretary of
Commerce, and the heads of such other agencies
[[Page S8741]]
as the Director considers appropriate, submit to Congress a
comprehensive report on the technology strategy of the
intelligence community, which shall be designed to support
maintaining United States leadership in critical and emerging
technologies essential to United States national security.
(b) Elements.--Each report submitted under subsection (a)
shall include the following:
(1) An assessment of technologies critical to United States
national security, particularly those technologies with
respect to which countries that are adversarial to the United
States have or are poised to match or surpass the technology
leadership of the United States.
(2) A review of existing technology policies of the
intelligence community, including long-range goals.
(3) Identification of sectors and supply chains that the
Director considers to be of the most strategic importance to
national security.
(4) Identification of opportunities to protect the
leadership of the United States and allies of the United
States in critical technologies, including through targeted
export controls, investment screening, and
counterintelligence activities.
(5) Identification of research and development areas
critical to national security, including areas in which the
private sector does not focus.
(6) Recommendations for growing talent in key critical and
emerging technologies and enhancing the ability of the
intelligence community to recruit and retain individuals with
critical skills.
(7) Identification of opportunities to improve United
States leadership in critical technologies, including
opportunities to develop international partnerships to
reinforce domestic policy actions, build new markets, engage
in collaborative research, and create an international
environment that reflects United States values and protects
United States interests.
(8) A technology annex, which may be classified, to
establish an approach to the identification, prioritization,
development, and fielding of emerging technologies critical
to the mission of the intelligence community.
(9) Such other information as may be necessary to help
inform Congress on matters relating to the technology
strategy of the intelligence community and related
implications for United States national security.
SEC. 602. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND
CIVIL LIBERTIES OVERSIGHT BOARD MEMBERSHIP.
Paragraph (4) of section 1061(h) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is
amended to read as follows:
``(4) Term.--
``(A) Commencement.--Each member of the Board shall serve a
term of 6 years, commencing on the date of the appointment of
the member to the Board.
``(B) Reappointment.--A member may be reappointed to one or
more additional terms.
``(C) Vacancy.--A vacancy in the Board shall be filled in
the manner in which the original appointment was made.
``(D) Extension.--Upon the expiration of the term of office
of a member, the member may continue to serve, at the
election of the member--
``(i) during the period preceding the reappointment of the
member pursuant to subparagraph (B); or
``(ii) until the member's successor has been appointed and
qualified.''.
SEC. 603. REPORTS ON INTELLIGENCE SUPPORT FOR AND CAPACITY OF
THE SERGEANTS AT ARMS OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES AND THE UNITED STATES
CAPITOL POLICE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Rules and Administration, the
Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Homeland Security, the Committee on
House Administration, the Committee on the Judiciary, and the
Committee on Appropriations of the House of Representatives.
(2) Sergeants at arms.--The term ``Sergeants at Arms''
means the Sergeant at Arms and Doorkeeper of the Senate and
the Chief Administrative Officer of the House of
Representatives.
(b) Report on Intelligence Support.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
Federal Bureau of Investigation and the Secretary of Homeland
Security, shall submit to the appropriate committees of
Congress a report on intelligence support provided to the
Sergeants at Arms and the United States Capitol Police.
(2) Elements.--The report required by paragraph (1) shall
include a description of the following:
(A) Policies related to the Sergeants at Arms and the
United States Capitol Police as customers of intelligence.
(B) How the intelligence community, the Federal Bureau of
Investigation, and the Department of Homeland Security,
including the Cybersecurity and Infrastructure Security
Agency, are structured, staffed, and resourced to provide
intelligence support to the Sergeants at Arms and the United
States Capitol Police.
(C) The classified electronic and telephony
interoperability of the intelligence community, the Federal
Bureau of Investigation, and the Department of Homeland
Security with the Sergeants at Arms and the United States
Capitol Police.
(D) Any expedited security clearances provided for the
Sergeants at Arms and the United States Capitol Police.
(E) Counterterrorism intelligence and other intelligence
relevant to the physical security of Congress that are
provided to the Sergeants at Arms and the United States
Capitol Police, including--
(i) strategic analysis and real-time warning; and
(ii) access to classified systems for transmitting and
posting intelligence.
(F) Cyber intelligence relevant to the protection of cyber
networks of Congress and the personal devices and accounts of
Members and employees of Congress, including--
(i) strategic and real-time warnings, such as malware
signatures and other indications of attack; and
(ii) access to classified systems for transmitting and
posting intelligence.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Government Accountability Office Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the appropriate committees
of Congress a report on the capacity of the Sergeants at Arms
and the United States Capitol Police to access and use
intelligence and threat information relevant to the physical
and cyber security of Congress.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the extent to which the Sergeants at
Arms and the United States Capitol Police have the resources,
including facilities, cleared personnel, and necessary
training, and authorities to adequately access, analyze,
manage, and use intelligence and threat information necessary
to defend the physical and cyber security of Congress.
(B) The extent to which the Sergeants at Arms and the
United States Capitol Police communicate and coordinate
threat data with each other and with other local law
enforcement entities.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 604. STUDY ON VULNERABILITY OF GLOBAL POSITIONING SYSTEM
TO HOSTILE ACTIONS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Appropriations of
the Senate; and
(3) the Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee on Foreign
Affairs, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.
(b) Study Required.--The Director of National Intelligence
shall, in consultation with the Secretary of Defense, the
Secretary of Commerce, and the Secretary of Transportation,
conduct a study on the vulnerability of the Global
Positioning System (GPS) to hostile actions, as well as any
actions being undertaken by the intelligence community, the
Department of Defense, the Department of Commerce, the
Department of Transportation, and any other elements of the
Federal Government to mitigate any risks stemming from the
potential unavailability of the Global Positioning System.
(c) Elements.--The study conducted under subsection (b)
shall include net assessments and baseline studies of the
following:
(1) The vulnerability of the Global Positioning System to
hostile actions.
(2) The potential negative effects of a prolonged Global
Positioning System outage, including with respect to the
entire society, to the economy of the United States, and to
the capabilities of the Armed Forces.
(3) Alternative systems that could back up or replace the
Global Positioning System, especially for the purpose of
providing positioning, navigation, and timing, to United
States civil, commercial, and government users.
(4) Any actions being planned or undertaken by the
intelligence community, the Department of Defense, the
Department of Commerce, the Department of Transportation, and
other elements of the Federal Government to mitigate any
risks to the entire society, to the economy of the United
States, and to the capabilities of the Armed Forces, stemming
from a potential unavailability of the Global Positioning
System.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the
[[Page S8742]]
Director of National Intelligence shall submit to the
appropriate committees of Congress a report in writing and
provide such committees a briefing on the findings of the
Director with respect to the study conducted under subsection
(b).
SEC. 605. AUTHORITY FOR TRANSPORTATION OF FEDERALLY OWNED
CANINES ASSOCIATED WITH FORCE PROTECTION DUTIES
OF INTELLIGENCE COMMUNITY.
Section 1344(a)(2)(B) of title 31, United States Code, is
amended by inserting ``, or transportation of federally owned
canines associated with force protection duties of any part
of the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003))'' after
``duties''.
DIVISION G--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021
SEC. 10001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2021''.
SEC. 10002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term ``
`appropriate congressional committees' '' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(2) Department.--If not otherwise specified, the term ``
`Department' '' means the Department of State.
(3) Secretary.--If not otherwise specified, the term ``
`Secretary' '' means the Secretary of State.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 10101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF
STATE'S WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is vital
to United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its
disposal to protect United States citizens, promote United
States interests and values, and support global stability and
prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United
States power and leadership worldwide, and without which
Americans would be less safe, United States economic power
would be diminished, and global stability and prosperity
would suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being
cost-effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow
the United States to maintain its leadership around the
world.
SEC. 10102. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS
AND LAW ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for International
Narcotics and Law Enforcement Affairs, who shall be
responsible to the Secretary of State for all matters,
programs, and related activities pertaining to international
narcotics, anti-crime, and law enforcement affairs in the
conduct of foreign policy by the Department, including, as
appropriate, leading the coordination of programs carried out
by United States Government agencies abroad, and such other
related duties as the Secretary may from time to time
designate.
``(B) Areas of responsibility.--The Assistant Secretary for
International Narcotics and Law Enforcement Affairs shall
maintain continuous observation and coordination of all
matters pertaining to international narcotics, anti-crime,
and law enforcement affairs in the conduct of foreign policy,
including programs carried out by other United States
Government agencies when such programs pertain to the
following matters:
``(i) Combating international narcotics production and
trafficking.
``(ii) Strengthening foreign justice systems, including
judicial and prosecutorial capacity, appeals systems, law
enforcement agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign police, border
control, other government officials, and other civilian law
enforcement authorities for anti-crime purposes, including
ensuring that no foreign security unit or member of such unit
shall receive such assistance from the United States
Government absent appropriate vetting.
``(iv) Ensuring the inclusion of human rights and women's
participation issues in law enforcement programs, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, and other senior officials in
regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other relevant bureaus
of the Department of State and other United States Government
agencies, all forms of transnational organized crime,
including human trafficking, illicit trafficking in arms,
wildlife, and cultural property, migrant smuggling,
corruption, money laundering, the illicit smuggling of bulk
cash, the licit use of financial systems for malign purposes,
and other new and emerging forms of crime.
``(vi) Identifying and responding to global corruption,
including strengthening the capacity of foreign government
institutions responsible for addressing financial crimes and
engaging with multilateral organizations responsible for
monitoring and supporting foreign governments' anti-
corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the Assistant
Secretary for International Narcotics and Law Enforcement
Affairs shall also--
``(i) carry out timely and substantive consultation with
chiefs of mission and, as appropriate, the heads of other
United States Government agencies to ensure effective
coordination of all international narcotics and law
enforcement programs carried out overseas by the Department
and such other agencies;
``(ii) coordinate with the Office of National Drug Control
Policy to ensure lessons learned from other United States
Government agencies are available to the Bureau of
International Narcotics and Law Enforcement Affairs of the
Department;
``(iii) develop standard requirements for monitoring and
evaluation of Bureau programs, including metrics for success
that do not rely solely on the amounts of illegal drugs that
are produced or seized;
``(iv) in coordination with the Secretary of State,
annually certify in writing to the Committee on Foreign
Relations of the Senate that United States and the Committee
on Foreign Affairs of the House of Representatives
enforcement personnel posted abroad whose activities are
funded to any extent by the Bureau of International Narcotics
and Law Enforcement Affairs are complying with section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927); and
``(v) carry out such other relevant duties as the Secretary
may assign.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to limit or impair the authority or
responsibility of any other Federal agency with respect to
law enforcement, domestic security operations, or
intelligence activities as defined in Executive Order
12333.''.
(b) Modification of Annual International Narcotics Control
Strategy Report.--Subsection (a) of section 489 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291h) is amended
by inserting after paragraph (9) the following new paragraph:
``(10) A separate section that contains an identification
of all United States Government-supported units funded by the
Bureau of International Narcotics and Law Enforcement Affairs
and any Bureau-funded operations by such units in which
United States law enforcement personnel have been physically
present.''.
SEC. 10103. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION,
REFUGEES, AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the
Department of State the Bureau of
[[Page S8743]]
Consular Affairs, which shall be headed by the Assistant
Secretary of State for Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There
is in the Department of State the Bureau of Population,
Refugees, and Migration, which shall be headed by the
Assistant Secretary of State for Population, Refugees, and
Migration.''.
SEC. 10104. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the
Department of State an Office of International Disability
Rights (referred to in this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training
of Department of State staff on soliciting quality programs
that are fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of
persons with disabilities, and work to raise the profile of
disability across a broader range of organizations
contributing to international development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability
rights and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department
that are responsible for drafting annual reports documenting
progress on human rights, including, wherever applicable,
references to instances of discrimination, prejudice, or
abuses of persons with disabilities;
(7) advise the Bureau of Human Resources or its equivalent
within the Department regarding the hiring and recruitment
and overseas practices of civil service employees and Foreign
Service officers with disabilities and their family members
with chronic medical conditions or disabilities; and
(8) carry out such other relevant duties as the Secretary
of State may assign.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant Secretary
of State; or
(2) an officer exercising significant authority who reports
to the President or Secretary of State, appointed by and with
the advice and consent of the Senate.
(d) Consultation.--The Secretary of State should direct
Ambassadors at Large, Representatives, Special Envoys, and
coordinators working on human rights to consult with the
Office to promote the human rights and full participation in
international development activities of all persons with
disabilities.
SEC. 10105. SPECIAL APPOINTMENT AUTHORITY.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a), as amended by section 6103 of this
Act, is further amended by inserting after subsection (h) the
following new subsection:
``(i) Special Appointments.--
``(1) Positions exercising significant authority.--The
President may, by and with the advice and consent of the
Senate, appoint an individual as a Special Envoy, Special
Representative, Special Coordinator, Special Negotiator,
Envoy, Representative, Coordinator, Special Advisor, or other
position performing a similar function, regardless of title,
at the Department of State exercising significant authority
pursuant to the laws of the United States. Except as provided
in paragraph (3) or in clause 3, section 2, article II of the
Constitution (relating to recess appointments), an individual
may not be designated as a Special Envoy, Special
Representative, Special Coordinator, Special Negotiator,
Envoy, Representative, Coordinator, Special Advisor, or other
position performing a similar function, regardless of title,
at the Department exercising significant authority pursuant
to the laws of the United States without the advice and
consent of the Senate.
``(2) Positions not exercising significant authority.--The
President or Secretary of State may appoint any Special
Envoy, Special Representative, Special Coordinator, Special
Negotiator, Special Envoy, Representative, Coordinator,
Special Advisor, or other position performing a similar
function, regardless of title, at the Department of State not
exercising significant authority pursuant to the laws of the
United States without the advice and consent of the Senate,
if the President or Secretary, not later than 15 days before
the appointment of a person to such a position, submits to
the appropriate congressional committees a notification that
includes the following:
``(A) A certification that the position does not require
the exercise of significant authority pursuant to the laws of
the United States.
``(B) A description of the duties and purpose of the
position.
``(C) The rationale for giving the specific title and
function to the position.
``(3) Limited exception for temporary appointments
exercising significant authority.--The President may maintain
or establish a position with the title of Special Envoy,
Special Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator, Special
Advisor, or other position performing a similar function,
regardless of title, at the Department of State exercising
significant authority pursuant to the laws of the United
States for not longer than 180 days if the Secretary of
State, not later than 15 days after the appointment of a
person to such a position, or 30 days after the date of the
enactment of this subsection, whichever is earlier, submits
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a notification that includes the following:
``(A) The necessity for conferring such title and function.
``(B) The dates during which such title and function will
be held.
``(C) The justification for not submitting the proposed
conferral of such title and function to the Senate as a
nomination for advice and consent to appointment.
``(D) All relevant information concerning any potential
conflict of interest which the proposed recipient of such
title and function may have with regard to the appointment.
``(4) Renewal of temporary appointment.--The President may
renew for one period not to exceed 180 days any position
maintained or established under paragraph (3) if the
President, not later than 15 days before issuing such
renewal, submits to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a detailed justification on the necessity of
such extension, including the dates with respect to which
such title will continue to be held and the justification for
not submitting such title to the Senate as a nomination for
advice and consent.
``(5) Exemption.--Paragraphs (1) through (4) shall not
apply to a Special Envoy, Special Representative, Special
Coordinator, Special Negotiator, Envoy, Representative,
Coordinator, Special Advisor, or other person performing a
similar function, regardless of title, at the Department of
State if the position is expressly mandated by statute.
``(6) Effective date.--This subsection shall apply to
appointments made on or after January 3, 2023.''.
SEC. 10106. REPEAL OF AUTHORITY FOR SPECIAL REPRESENTATIVE
AND POLICY COORDINATOR FOR BURMA.
Section 7 of the Tom Lantos Block Burmese Jade (Junta's
Anti-Democratic Efforts) Act of 2008 (Public Law 110-286; 50
U.S.C. 1701 note) relating to the establishment of a Special
Representative and Policy Coordinator for Burma) is hereby
repealed.
SEC. 10107. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the
participation by the United States in the Information Sharing
Centre located in Singapore, as established by the Regional
Cooperation Agreement on Combating Piracy and Armed Robbery
against Ships in Asia (ReCAAP).
SEC. 10108. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO
NATIONAL SECURITY.
It is the sense of Congress that--
(1) the Department is a crucial national security agency,
whose employees, both Foreign and Civil Service, require the
best possible training at every stage of their careers to
prepare them to promote and defend United States national
interests and the health and safety of United States citizens
abroad;
(2) the Secretary should explore establishing a ``training
float'' requiring that a certain percentage of the Foreign
Service shall be in long-term training at any given time;
(3) the Department's Foreign Service Institute should seek
to substantially increase its educational and training
offerings to Department personnel, including developing new
and innovative educational and training courses, methods,
programs, and opportunities; and
(4) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and
Foreign Service Institute may accept funds and other
resources from foundations, not-for-profit corporations, and
other appropriate sources to help the Department and the
Institute accomplish the goals specified in paragraph (3).
SEC. 10109. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE
OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more
than 365 calendar days, such position may be filled, as
appropriate, on a temporary basis, in accordance with section
309.'' after ``Positions designated under this section are
excepted from the competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),
by inserting ``, or domestically, in a position working on
issues relating to a particular country or geographic area,''
after ``geographic area''.
SEC. 10110. REPORTING ON IMPLEMENTATION OF GAO
RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report that lists
all of the Government Accountability Office's recommendations
relating to the Department that have not been fully
implemented.
(b) Comptroller General Report.--Not later than 30 days
after the Secretary submits the report under subsection (a),
the Comptroller General of the United States shall submit to
the appropriate congressional committees a report that
identifies
[[Page S8744]]
any discrepancies between the list of recommendations
included in such report and the Government Accountability
Office's list of outstanding recommendations for the
Department.
(c) Implementation Report.--
(1) In general.--Not later than 120 days after the date of
the submission of the Comptroller General's report under
subsection (b), the Secretary shall submit to the appropriate
congressional committees a report that describes the
implementation status of each recommendation from the
Government Accountability Office included in the report
submitted under subsection (a).
(2) Justification.--The report under paragraph (1) shall
include--
(A) a detailed justification for each decision not to fully
implement a recommendation or to implement a recommendation
in a different manner than specified by the Government
Accountability Office;
(B) a timeline for the full implementation of any
recommendation the Secretary has decided to adopt, but has
not yet fully implemented; and
(C) an explanation for any discrepancies included in the
Comptroller General report submitted under subsection (b).
(d) Form.--The information required in each report under
this section shall be submitted in unclassified form, to the
maximum extent practicable, but may be included in a
classified annex to the extent necessary.
SEC. 10111. EXTENSION OF PERIOD FOR REIMBURSEMENT OF
FISHERMEN FOR COSTS INCURRED FROM THE ILLEGAL
SEIZURE AND DETENTION OF U.S.-FLAG FISHING
VESSELS BY FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is
amended to read as follows:
``(e) Amounts.--Payments may be made under this section
only to such extent and in such amounts as are provided in
advance in appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and apply as if the date specified in subsection (e) of
section 7 of the Fishermen's Protective Act of 1967, as in
effect on the day before the date of the enactment of this
Act, were the day after such date of enactment.
(2) Agreements and payments.--The Secretary is authorized
to--
(A) enter into agreements pursuant to section 7 of the
Fishermen's Protective Act of 1967 for any claims to which
such section would otherwise apply but for the date specified
in subsection (e) of such section, as in effect on the day
before the date of the enactment of this Act; and
(B) make payments in accordance with agreements entered
into pursuant to such section if any such payments have not
been made as a result of the expiration of the date specified
in such section, as in effect on the day before the date of
the enactment of this Act.
SEC. 10112. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated
for the purchase of any piece of art for the purposes of
installation or display in any embassy, consulate, or other
foreign mission of the United States if the purchase price of
such piece of art is in excess of $50,000, unless such
purchase is subject to prior consultation with, and the
regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees and the Committees on
Appropriations of the Senate and the House of Representatives
a report on the costs of the Art in Embassies Program for
each of fiscal years 2012, 2013, and 2014.
(c) Sunset.--This section shall terminate on the date that
is 2 years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and
craft art.
SEC. 10113. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop,
in coordination with likeminded countries, a comprehensive,
multilateral strategy to--
``(1) assist Burma in addressing corrosive malign influence
of the People's Republic of China; and
``(2) support a return to democratic governance, and
support constitutional, economic, and security sector reforms
in Burma designed to--
``(A) advance democratic development and improve human
rights practices and the quality of life; and
``(B) promote genuine national reconciliation.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``six months'' and inserting ``year'';
(ii) by redesignating paragraph (3) as paragraph (7); and
(iii) by inserting after paragraph (2) the following new
paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive economic
growth; and
``(5) progress toward genuine national reconciliation.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act
and apply with respect to the first report required under
subsection (d) of section 570 of Public Law 104-208 that is
required after the date of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby
repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
(4) Section 404 of the Arms Control and Disarmament Act (22
U.S.C. 2593b).
(5) Section 5 of Public Law 94-304 (22 U.S.C. 3005).
(6) Subsection (b) of section 502 of the International
Security and Development Cooperation Act of 1985 (22 U.S.C.
2349aa-7).
(c) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State and
the Administrator of the United States Agency for
International Development shall submit to the appropriate
congressional committees a report that includes each of the
following:
(1) A list of all reports described in subsection (d)
required to be submitted by their respective agency.
(2) For each such report, a citation to the provision of
law under which the report is required to be submitted.
(3) The reporting frequency of each such report.
(4) The estimated cost of each report, to include personnel
time costs.
(d) Covered Reports.--A report described in this subsection
is a recurring report that is required to be submitted to
Congress by the Department of State or the United States
Agency for International Development, or by any officer,
official, component, or element of each entity.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives and the Committees on Appropriations of the
Senate and the House of Representatives.
TITLE II--EMBASSY CONSTRUCTION
SEC. 10201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'',
there is authorized to be appropriated $1,975,449,000 for
fiscal year 2022.
SEC. 10202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that
the Department's Bureau of Overseas Building Operations (OBO)
or successor office should give appropriate consideration to
standardization in construction, in which each new United
States embassy and consulate starts with a standard design
and keeps customization to a minimum.
(b) Consultation.--The Secretary shall carry out any new
United States embassy compound or new consulate compound
project that utilizes a non-standard design, including those
projects that are in the design or pre-design phase as of the
date of the enactment of this Act, only in consultation with
the appropriate congressional committees. The Secretary shall
provide the appropriate congressional committees, for each
such project, the following documentation:
(1) A comparison of the estimated full lifecycle costs of
the project to the estimated full lifecycle costs of such
project if it were to use a standard design.
(2) A comparison of the estimated completion date of such
project to the estimated completion date of such project if
it were to use a standard design.
(3) A comparison of the security of the completed project
to the security of such completed project if it were to use a
standard design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for such project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification, as
the case may be, described in paragraphs (1) through (4)
cannot be provided.
(c) Sunset.--The consultation requirement under subsection
(b) shall expire on the date that is 4 years after the date
of the enactment of this Act.
SEC. 10203. CAPITAL CONSTRUCTION TRANSPARENCY.
Section 118 of the Department of State Authorities Act,
Fiscal Year 2017 (22 U.S.C. 304) is amended--
(1) in the section heading , by striking ``annual report on
embassy construction costs'' and inserting ``biannual report
on overseas capital construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date
of the enactment of this subsection and every 180 days
thereafter until the date that is 4 years after such date of
enactment, the Secretary shall submit to the appropriate
congressional committees and the Committees on Appropriations
of the Senate and the House of Representatives a
comprehensive report regarding all ongoing overseas capital
construction projects and major embassy security upgrade
projects.
``(b) Contents.--Each report required under subsection (a)
shall include the following with respect to each ongoing
overseas
[[Page S8745]]
capital construction project and major embassy security
upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations for Acts
making appropriations for the Department of State, foreign
operations, and related programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable adjustment
received by the Department to date.
``(4) The value of each certified claim received by the
Department to date.
``(5) The value of any usage of the project's contingency
fund to date and the value of the remainder of the project's
contingency fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully
adjudicated or that the Department has settled, and the final
dollar amount of each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations not later
than 45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign
operations, and related programs.
``(9) The current date of estimated completion.''.
SEC. 10204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary shall complete
all contractor performance evaluations outstanding as of the
date of the enactment of this Act required by subpart 42.15
of the Federal Acquisition Regulation for those contractors
engaged in construction of new embassy or new consulate
compounds by April 1, 2022.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall develop a
prioritization system for clearing the current backlog of
required evaluations referred to in subsection (a).
(2) Elements.--The system required under paragraph (1)
should prioritize the evaluations as follows:
(A) Project completion evaluations should be prioritized
over annual evaluations.
(B) Evaluations for relatively large contracts should have
priority.
(C) Evaluations that would be particularly informative for
the awarding of government contracts should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan
for completing all evaluations by April 1, 2022, in
accordance with subsection (a) and the prioritization system
developed pursuant to subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management
performance.
SEC. 10205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND
CONSULATES.
(a) In General.--For each new United States embassy
compound (NEC) and new consulate compound project (NCC) in or
not yet in the design phase as of the date of the enactment
of this Act, the Department shall project growth over the
estimated life of the facility using all available and
relevant data, including the following:
(1) Relevant historical trends for Department personnel and
personnel from other agencies represented at the NEC or NCC
that is to be constructed.
(2) An analysis of the tradeoffs between risk and the needs
of United States Government policy conducted as part of the
most recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance
of the NEC or NCC, as the case may be, over the life of the
building at issue.
(4) Any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal
agency represented at a United States embassy or consulate
shall provide to the Secretary, upon request, growth
projections for the personnel of each such agency over the
estimated life of each embassy or consulate, as the case may
be.
(c) Basis for Estimates.--The Department shall base its
growth assumption for all NECs and NCCs on the estimates
required under subsections (a) and (b).
(d) Congressional Notification.--Any congressional
notification of site selection for a NEC or NCC submitted
after the date of the enactment of this Act shall include the
growth assumption used pursuant to subsection (c).
SEC. 10206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
next five years as the Secretary of State considers
appropriate, the Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the replacement of
overseas diplomatic posts taking into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety; and
(B) a comprehensive 6-year plan detailing the Department's
long-term planning for the maintenance and sustainment of
completed diplomatic posts, which takes into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report
on existing small diplomatic posts and a strategy for
establishing a physical diplomatic presence in countries in
which there is no current physical diplomatic presence and
with which the United States maintains diplomatic relations.
Such report, which may include a classified annex, shall
include the following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the United
States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic post
meets current security requirements.
(D) A description of the full financial cost of maintaining
each small diplomatic post.
(E) Input from the relevant chiefs of mission on any unique
operational or policy value the small diplomatic post
provides.
(F) A recommendation of whether any small diplomatic posts
should be closed.
(3) Updated information.--The annual updates of each of the
plans developed pursuant to paragraph (1) shall highlight any
changes from the previous year's plan to the ordering of
construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60
days after the completion of each plan required under
subsection (a), the Secretary shall submit the plans to the
appropriate congressional committees and the Committees on
Appropriations of the Senate and the House of
Representatives.
(2) Reference in budget justification materials.--In the
budget justification materials submitted to the appropriate
congressional committees in support of the Department's
budget for any fiscal year (as submitted with the budget of
the President under section 1105(a) of title 31, United
States Code), the plans required under subsection (a) shall
be referenced to justify funding requested for building and
maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the
term ``small diplomatic post'' means any United States
embassy or consulate that has employed five or fewer United
States Government employees or contractors on average over
the 36 months prior to the date of the enactment of this Act.
SEC. 10207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where
appropriate, to reduce program and acquisition costs pursuant
to OMB Circular A-131, Value Engineering, dated December 31,
2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--Any operating
plan that includes the allocation of capital construction and
maintenance funds shall be submitted to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required
under paragraph (1) shall include confirmation that the
Department has completed the requisite VE and risk management
process described in subsection (a), or applicable successor
process.
(c) Reporting and Briefing Requirements.--The Secretary
shall provide to the appropriate congressional committees
upon request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
[[Page S8746]]
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise
yield significant cost savings to the Department if
implemented.
SEC. 10208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is
amended by striking ``in 3 years'' and inserting
``cumulatively over 3 years''.
SEC. 10209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of
the House of Representatives, and the Committee on Armed
Services of the Senate upon request information on physical
security deficiencies at United States diplomatic posts,
including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 10210. OVERSEAS SECURITY BRIEFINGS.
Not later than one year after the date of the enactment of
this Act, the Secretary of State shall revise the Foreign
Affairs Manual to stipulate that information on the current
threat environment shall be provided to all United States
Government employees under chief of mission authority
traveling to a foreign country on official business. To the
extent practicable, such material shall be provided to such
employees prior to their arrival at a United States
diplomatic post or as soon as possible thereafter.
SEC. 10211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary of State notifies the
appropriate congressional committees that the use of the
design-build project delivery method would not be
appropriate, the Secretary shall make use of such method at
United States diplomatic posts that have not yet received
design or capital construction contracts as of the date of
the enactment of this Act.
(b) Notification.--Before executing a contract for a
delivery method other than design-build in accordance with
subsection (a), the Secretary of State shall notify the
appropriate congressional committees in writing of the
decision, including the reasons therefor. The notification
required by this subsection may be included in any other
report regarding a new United States diplomatic post that is
required to be submitted to the appropriate congressional
committees.
(c) Performance Evaluation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall report to the appropriate congressional committees
regarding performance evaluation measures in accordance with
GAO's ``Standards for Internal Control in the Federal
Government'' that will be applicable to design and
construction, lifecycle cost, and building maintenance
programs of the Bureau of Overseas Building Operations of the
Department.
SEC. 10212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committee and the Committees on
Appropriations of the Senate and the House of Representatives
a report detailing steps the Department of State is taking to
expand the embassy construction contractor base in order to
increase competition and maximize value.
SEC. 10213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of
Overseas Building Operations of the Department or its
successor office shall continue to balance functionality and
security with accessibility, as defined by guidelines
established by the United States Access Board in constructing
embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.) to the fullest extent possible.
SEC. 10214. DEFINITIONS.
In this title:
(1) Design-build.--The term ``design-build'' means a method
of project delivery in which one entity works under a single
contract with the Department to provide design and
construction services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new
consulate compound project that does not utilize a
standardized design for the structural, spatial, or security
requirements of such embassy compound or consulate compound,
as the case may be.
TITLE III--PERSONNEL ISSUES
SEC. 10301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after
the date of the enactment of this Act, the Secretary shall
apply to the Department of Labor for a waiver from insurance
requirements under the Defense Base Act (42 U.S.C. 1651 et
seq.) for all countries with respect to which the requirement
was waived prior to January 2017, and for which there is not
currently a waiver.
(b) Certification Requirement.--Not later than 45 days
after the date of the enactment of this Act, the Secretary
shall certify to the appropriate congressional committees
that the requirement in subsection (a) has been met.
SEC. 10302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than one year after date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report detailing an
empirical analysis on the effect of overseas allowances on
the foreign assignment of Foreign Service officers (FSOs), to
be conducted by a federally-funded research and development
center with appropriate expertise in labor economics and
military compensation.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) identify all allowances paid to FSOs assigned
permanently or on temporary duty to foreign areas;
(B) examine the efficiency of the Foreign Service bidding
system in determining foreign assignments;
(C) examine the factors that incentivize FSOs to bid on
particular assignments, including danger levels and hardship
conditions;
(D) examine the Department's strategy and process for
incentivizing FSOs to bid on assignments that are
historically in lower demand, including with monetary
compensation, and whether monetary compensation is necessary
for assignments in higher demand;
(E) make any relevant comparisons to military compensation
and allowances, noting which allowances are shared or based
on the same regulations;
(F) recommend options for restructuring allowances to
improve the efficiency of the assignments system and better
align FSO incentives with the needs of the Foreign Service,
including any cost savings associated with such
restructuring;
(G) recommend any statutory changes necessary to implement
subparagraph (F), such as consolidating existing legal
authorities for the provision of hardship and danger pay; and
(H) detail any effects of recommendations made pursuant to
subparagraphs (F) and (G) on other United States Government
departments and agencies with civilian employees permanently
assigned or on temporary duty in foreign areas, following
consultation with such departments and agencies.
(b) Briefing Requirement.--Before initiating the analysis
required under subsection (a)(1), and not later than 60 days
after the date of the enactment of this Act, the Secretary
shall provide to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs in the House of
Representatives a briefing on the implementation of this
section that includes the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference for
such analysis as specified between the Department and such
federally funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary shall make available to the
federally-funded research and development center carrying out
the analysis required under subsection (a)(1) all necessary
and relevant information to allow such center to conduct such
analysis in a quantitative and analytical manner, including
historical data on the number of bids for each foreign
assignment and any survey data collected by the Department
from eligible bidders on their bid decision-making.
(2) Cooperation.--The Secretary shall work with the heads
of other relevant United States Government departments and
agencies to ensure such departments and agencies provide all
necessary and relevant information to the federally-funded
research and development center carrying out the analysis
required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary shall
require that the chief executive officer of the federally-
funded research and development center that carries out the
analysis required under subsection (a)(1) submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
an interim report on such analysis not later than 180 days
after the date of the enactment of this Act.
SEC. 10303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d) is amended by adding at
the end the following new subsection:
``(e) Grants and Cooperative Agreements Related to Science
and Technology Fellowship Programs.--
``(1) In general.--The Secretary is authorized to make
grants or enter into cooperative agreements related to
Department of State science and technology fellowship
programs, including for assistance in recruiting fellows and
the payment of stipends, travel, and other appropriate
expenses to fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18, United
States Code.
``(3) Maximum annual amount.--The total amount of grants
made pursuant to this subsection may not exceed $500,000 in
any fiscal year.''.
SEC. 10304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22
U.S.C. 4081(15)) is amended--
[[Page S8747]]
(1) in the matter preceding subparagraph (A), by striking
``1 round-trip per year for each child below age 21 of a
member of the Service assigned abroad'' and inserting ``in
the case of one or more children below age 21 of a member of
the Service assigned abroad, 1 round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before ``to visit the
member abroad''; and
(B) by striking ``; or'' and inserting a comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before ``to visit the
other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for one of the child's parents to visit the child or
children abroad if the child or children do not regularly
reside with that parent and that parent is not receiving an
education allowance or educational travel allowance for the
child or children under section 5924(4) of title 5, United
States Code,''; and
(5) in the matter following subparagraph (C), as added by
paragraph (4) of this section, by striking ``a payment'' and
inserting ``the cost of round-trip travel''.
SEC. 10305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22
U.S.C. 4083(b)) is amended by adding at the end the following
new sentence: ``In cases in which a member of the Service has
official orders to an unaccompanied post and in which the
family members of the member reside apart from the member at
authorized locations outside the United States, the member
may take the leave ordered under this section where that
member's family members reside, notwithstanding section 10305
of title 5, United States Code.''.
SEC. 10306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP
PROGRAMS.
It is the sense of Congress that Department fellowships
that promote the employment of candidates belonging to under-
represented groups, including the Charles B. Rangel
International Affairs Graduate Fellowship Program, the Thomas
R. Pickering Foreign Affairs Fellowship Program, and the
Donald M. Payne International Development Fellowship Program,
represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 10307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign
Service Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the
matter preceding clause (i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general
responsibility for carrying out the functions of the
Service''.
SEC. 10308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of
1980 (22 U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614
in the table of contents of the Foreign Service Act of 1980
is amended to read as follows:
``Sec. 614. Department awards.''.
SEC. 10309. DIPLOMATIC PROGRAMS.
(a) Sense of Congress on Workforce Recruitment.--It is the
sense of Congress that the Secretary should continue to hold
entry-level classes for Foreign Service officers and
specialists and continue to recruit civil servants through
programs such as the Presidential Management Fellows Program
and Pathways Internship Programs in a manner and at a
frequency consistent with prior years and consistent with the
need to maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the
sense of Congress that absent continuous recruitment and
training of Foreign Service officers and civil servants, the
Department will lack experienced, qualified personnel in the
short, medium, and long terms.
(b) Limitation.--The Secretary should not implement any
reduction-in-force action under section 3502 or 3595 of title
5, United States Code, or for any incentive payments for
early separation or retirement under any other provision of
law unless--
(1) the appropriate congressional committees are notified
not less than 15 days in advance of such obligation or
expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that describes the
Department's strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction is in the
national interest of the United States;
(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and a
description of the anticipated impact of any proposed
workforce reduction; and
(D) a dataset displaying comprehensive workforce data for
all current and planned employees of the Department,
disaggregated by--
(i) Foreign Service officer and Foreign Service specialist
rank;
(ii) civil service job skill code, grade level, and bureau
of assignment;
(iii) contracted employees, including the equivalent job
skill code and bureau of assignment; and
(iv) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including their
equivalent grade and job skill code and bureau of assignment.
SEC. 10310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT
AT THE DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department should continue to promote the
employment of veterans, in accordance with section 301 of the
Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by
section 10406 of this Act, including those veterans belonging
to traditionally underrepresented groups at the Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign policy in
a variety of regional and global affairs bureaus and
diplomatic posts overseas; and
(3) the Department should continue to encourage veteran
employment and facilitate their participation in the
workforce.
SEC. 10311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that
the Department should expand the appeal process it makes
available to employees related to assignment preclusions and
restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--
Subsection (a) of section 414 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is
amended by adding at the end the following new sentences:
``Such right and process shall ensure that any employee
subjected to an assignment restriction or preclusion shall
have the same appeal rights as provided by the Department
regarding denial or revocation of a security clearance. Any
such appeal shall be resolved not later than 60 days after
such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
revise, and certify to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives regarding such revision, the Foreign
Affairs Manual guidance regarding denial or revocation of a
security clearance to expressly state that all review and
appeal rights relating thereto shall also apply to any
recommendation or decision to impose an assignment
restriction or preclusion to an employee.
SEC. 10312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department employees provide invaluable service
to the United States as nonpartisan professionals who
contribute subject matter expertise and professional skills
to the successful development and execution of United States
foreign policy; and
(2) reemployment of skilled former members of the Foreign
and civil service who have voluntarily separated from the
Foreign or civil service due to family reasons or to obtain
professional skills outside government is of benefit to the
Department.
(b) Notice of Employment Opportunities.--Title 5, United
States Code, is amended by inserting after chapter 102 the
following new chapter:
``CHAPTER 103--DEPARTMENT OF STATE
``Sec.
``10301. Notice of employment opportunities for Department of State and
USAID positions.
``10302. Consulting services for the Department of State.
``Sec. 10301. Notice of employment opportunities for
Department of State and USAID positions
``To ensure that individuals who have separated from the
Department of State or the United States Agency for
International Development and who are eligible for
reappointment are aware of such opportunities, the Department
of State and the United States Agency for International
Development shall publicize notice of all employment
opportunities, including positions for which the relevant
agency is accepting applications from individuals within the
agency's workforce under merit promotion procedures, on
publicly accessible sites, including www.usajobs.gov. If
using merit promotion procedures, the notice shall expressly
state that former employees eligible for reinstatement may
apply.''.
(c) Clerical Amendment.--The table of chapters at the
beginning of title 5, United States Code, is amended by
inserting after the item relating to chapter 102 the
following:
``103. Department of State................................10301.''.....
SEC. 10313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF
STATE.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees and the Committees on
Appropriations of the Senate and the House of Representatives
a comprehensive 5-year strategic staffing plan for the
Department that is aligned with and furthers the objectives
of the National Security Strategy of the United States of
America
[[Page S8748]]
issued in December 2017, or any subsequent strategy issued
not later than 18 months after the date of the enactment of
this Act, which shall include the following:
(1) A dataset displaying comprehensive workforce data,
including all shortages in bureaus described in GAO report
GAO-19-220, for all current and planned employees of the
Department, disaggregated by--
(A) Foreign Service officer and Foreign Service specialist
rank;
(B) civil service job skill code, grade level, and bureau
of assignment;
(C) contracted employees, including the equivalent job
skill code and bureau of assignment; and
(D) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including the
equivalent grade and job skill code and bureau of assignment
of such employee.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be posted
at each United States diplomatic post and in the District of
Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers
that should be employed by the Department, with a detailed
basis for such recommendations.
(b) Maintenance.--The dataset required under subsection
(a)(1) shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary shall lead the development
of the plan required under subsection (a) but may consult or
partner with private sector entities with expertise in labor
economics, management, or human resources, as well as
organizations familiar with the demands and needs of the
Department's workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding
root causes of Foreign Service and civil service shortages,
the effect of such shortages on national security objectives,
and the Department's plan to implement recommendations
described in GAO-19-220.
SEC. 10314. CONSULTING SERVICES.
Chapter 103 of title 5, United States Code, as added by
section 10312, is amended by adding at the end the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of
State through procurement contract pursuant to section 3109
of title 5, United States Code, shall be limited to those
contracts with respect to which expenditures are a matter of
public record and available for public inspection, except if
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.''.
SEC. 10315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) is amended by striking the last
sentence.
SEC. 10316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY
REVIEW BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or'' and
inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on October 1,
2005, and ending on September 30, 2009'' and inserting
``beginning on October 1, 2020, and ending on September 30,
2022''.
SEC. 10317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``suspend'' and inserting ``indefinitely
suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) Any member of the Service suspended from duties under
this subsection may be suspended without pay only after a
final written decision is provided to such member under
paragraph (2).
``(6) If no final written decision under paragraph (2) has
been provided within 1 calendar year of the date the
suspension at issue was proposed, not later than 30 days
thereafter the Secretary of State shall report to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate in
writing regarding the specific reasons for such delay.''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A) The term'' and
inserting the following:
``(7) In this subsection, the term'';
(C) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension''); and
(D) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and moving such subparagraphs 2
ems to the left.
SEC. 10318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS
HANDBOOK CHANGES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for
5 years, the Secretary shall submit to the appropriate
congressional committees a report detailing all changes made
to the Foreign Affairs Manual or the Foreign Affairs
Handbook.
(b) Covered Periods.--The first report required under
subsection (a) shall cover the 5-year period preceding the
submission of such report. Each subsequent report shall cover
the 180-day period preceding submission.
(c) Contents.--Each report required under subsection (a)
shall contain the following:
(1) The location within the Foreign Affairs Manual or the
Foreign Affairs Handbook where a change has been made.
(2) The statutory basis for each such change.
(3) A side-by-side comparison of the Foreign Affairs Manual
or Foreign Affairs Handbook before and after such change.
(4) A summary of such changes displayed in spreadsheet
form.
SEC. 10319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL
REQUIREMENTS OF CERTAIN POSITIONS.
The Secretary of State may waive any or all of the
individual occupational requirements with respect to an
employee or prospective employee of the Department of State
for a civilian position categorized under the GS-0130
occupational series if the Secretary determines that the
individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to
performing the duties of the applicable position, based on
demonstrated job performance and qualifying experience. With
respect to each waiver granted under this subsection, the
Secretary shall set forth in a written document that is
transmitted to the Director of the Office of Personnel
Management the rationale for the decision of the Secretary to
waive such requirements.
SEC. 10320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT
CENTER.
The Secretary may appoint, for a 3-year period that may be
extended for up to an additional 2 years, solely to carry out
the functions of the Global Engagement Center, employees of
the Department without regard to the provisions of title 5,
United States Code, governing appointment in the competitive
service, and may fix the basic compensation of such employees
without regard to chapter 51 and subchapter III of chapter 53
of such title.
SEC. 10321. EDUCATION ALLOWANCES DUE TO CORONAVIRUS.
(a) In General.--The authority under section 5924 of title
5, United States Code, may be exercised by the Secretary of
State and the heads of other Federal agencies for education
allowances to employees who are in the United States with
assignment orders to a foreign area and for whom service
abroad has been interrupted or delayed because of the
coronavirus pandemic without regard to the foreign area
limitations referenced therein.
(b) Termination.--The authority under subsection shall
expire on September 30, 2022.
SEC. 10322. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY
INSPECTORS GENERAL TO SUPPORT THE LEAD IG
MISSION.
Subparagraph (A) of section 8L(d)(5)(A) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by striking
``a lead Inspector General for'' and inserting ``any of the
Inspectors General specified in subsection (c) for oversight
of''.
SEC. 10323. REPORT RELATING TO FOREIGN SERVICE OFFICER
TRAINING AND DEVELOPMENT.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate committees of Congress a report
certain fellowship or detail opportunities for Department of
State Foreign Service personnel.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) The number of Senior Foreign Service Officer
generalists who, as of the date of the enactment of this Act,
have done a tour of at least one year in any of the agencies
or congressional committees described in subsection (a).
(2) The total number of senior Foreign Service Officer
generalists as of the date of the enactment of this Act.
(3) The average number of Senior Foreign Service Officer
generalists inducted annually during the 10 years preceding
the date of the enactment of this Act.
(4) The total number of Department advisors stationed in
any of the agencies or congressional offices described in
subsection (a), including the agencies or offices in which
such advisors serve.
(5) The total number of advisors from other United States
Government agencies stationed in the Department of State
(excluding defense attaches, senior defense officials, and
other Department of Defense personnel stationed in United
States missions abroad), the home agency of the advisor, and
the offices in which such advisors serve.
SEC. 10324. INTERNATIONAL FAIRS AND EXPOSITIONS.
There is authorized to be appropriated $20,000,000 for the
Department of State for United States participation in
international fairs and expositions abroad, including for
construction and the operation of United States pavilions or
other major exhibits.
[[Page S8749]]
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 10401. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and
Ethnicity'' (81 Fed. Reg. 67398).
(3) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil service
(as defined in section 2101 of title 5, United States Code);
(B) individuals who are members of the Foreign Service (as
defined in section 103 of the Foreign Service Act of 1980 (22
U.S.C. 3902));
(C) all individuals serving under a personal services
contract;
(D) all individuals serving under a Foreign Service Limited
appointment under section 309 of the Foreign Service Act of
1980; or
(E) individuals other than Locally Employed Staff working
in the Department of State under any other authority.
SEC. 10402. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall conduct periodic interviews with a
representative and diverse cross-section of the workforce of
the Department--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign
Service and the Director of the Bureau of Human Resources or
its equivalent shall provide an opportunity for an exit
interview to each individual in the workforce of the
Department who separates from service with the Department to
better understand the reasons of such individual for leaving
such service.
(c) Use of Analysis From Interviews.--The Director General
of the Foreign Service and the Director of the Bureau of
Human Resources or its equivalent shall analyze demographic
data and other information obtained through interviews under
subsections (a) and (b) to determine to what extent, if any,
the diversity of those participating in such interviews
impacts the results.
(d) Tracking Data.--The Department shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and recruitment
for such programs, consistent with merit system principles;
and
(B) to understand the extent to which participation in any
professional development program offered or sponsored by the
Department differs among the demographic categories of the
workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 10403. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department to have a recruitment plan of action for the
recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described
in subsection (a) shall include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-Harassment and Anti-
Discrimination.--
(1) In general.--The Secretary shall, through the Foreign
Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in
existing Foreign Service Institute courses or modules
prioritized in the Department's Diversity and Inclusion
Strategic Plan for 2016-2020 to promote diversity in Bureau
awards or mitigate unconscious bias;
(B) expand the provision of training on workplace rights
and responsibilities to focus on anti-harassment and anti-
discrimination information and policies, including policies
relating to sexual assault prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory positions;
(ii) individuals having responsibilities related to
recruitment, retention, or promotion of employees; and
(iii) any other individual determined by the Department who
needs such training based on analysis by the Department or
OPM analysis.
(2) Best practices.--The Department shall give special
attention to ensuring the continuous incorporation of
research-based best practices in training provided under this
subsection.
SEC. 10404. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts To Promote Diversity and
Inclusion.--
(1) In general.--The Secretary shall implement performance
and advancement requirements that reward and recognize the
efforts of individuals in senior positions and supervisors in
the Department in fostering an inclusive environment and
cultivating talent consistent with merit system principles,
such as through participation in mentoring programs or
sponsorship initiatives, recruitment events, and other
similar opportunities.
(2) Outreach events.--The Secretary shall create
opportunities for individuals in senior positions and
supervisors in the Department to participate in outreach
events and to discuss issues relating to diversity and
inclusion with the workforce on a regular basis, including
with employee resource groups.
(b) External Advisory Committees and Boards.--For each
external advisory committee or board to which individuals in
senior positions in the Department appoint members, the
Secretary is strongly encouraged by Congress to ensure such
external advisory committee or board is developed, reviewed,
and carried out by qualified teams that represent the
diversity of the organization.
SEC. 10405. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary is authorized to expand
professional development opportunities that support the
mission needs of the Department, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in--
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal Government; or
(iv) professional schools of international affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary shall offer, or sponsor
members of the workforce to participate in, a Senior
Executive Service candidate development program or other
program that trains members on the skills required for
appointment to senior positions in the Department.
(B) Requirements.--In determining which members of the
workforce are granted professional development or career
advancement opportunities under subparagraph (A), the
Secretary shall--
(i) ensure any program offered or sponsored by the
Department under such subparagraph comports with the
requirements of subpart C of part 412 of title 5, Code of
Federal Regulations, or any successor thereto, including
merit staffing and assessment requirements;
(ii) consider the number of expected vacancies in senior
positions as a factor in determining the number of candidates
to select for such programs;
(iii) understand how participation in any program offered
or sponsored by the Department under such subparagraph
differs by gender, race, national origin, disability status,
or other demographic categories; and
(iv) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation.
SEC. 10406. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN
SERVICE.
(a) Sense of Congress.--It is the sense of Congress that
the Department should offer both the Foreign Service written
examination and oral assessment in more locations throughout
the United States. Doing so would ease the financial burden
on potential candidates who do not currently reside in and
must travel at their own expense to one of the few locations
where these assessments are offered.
[[Page S8750]]
(b) Foreign Service Examinations.--Section 301(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of
Examiners for the Foreign Service annually offers the oral
assessment examinations described in paragraph (1) in cities,
chosen on a rotating basis, located in at least five cities
in three different time zones across the United States.''.
SEC. 10407. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of
the Donald M. Payne International Development Fellowship
Program may conduct outreach to attract outstanding students
with an interest in pursuing a Foreign Service career who
represent diverse ethnic and socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary shall review
past programs designed to increase minority representation in
international affairs positions.
SEC. 10408. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title should be construed
so as to compel any employee to participate in the collection
of the data or divulge any personal information. Department
employees shall be informed that their participation in the
data collection contemplated by this title is voluntary.
(b) Privacy Protection.--Any data collected under this
title shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
TITLE V--INFORMATION SECURITY
SEC. 10501. DEFINITIONS.
In this title:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 10502. LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Secretary,
in consultation with the Director of National Intelligence
and other appropriate Federal agencies as determined jointly
by the Secretary and the Director of National Intelligence,
shall develop or maintain, as the case may be, and update as
frequently as the Secretary determines appropriate, a list of
covered contractors with respect to which the Department
should seek to avoid entering into contracts. Not later than
30 days after the initial development of the list under this
subsection, any update thereto, and annually thereafter for 5
years after such initial 30 day period, the Secretary shall
submit to the appropriate congressional committees a copy of
such list.
(b) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of
telecommunications, telecommunications equipment, or
information technology equipment, including hardware,
software, or services, that has knowingly assisted or
facilitated a cyber attack or conducted surveillance,
including passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government,
or persons associated with such government, listed as a cyber
threat actor in the intelligence community's 2017 assessment
of worldwide threats to United States national security or
any subsequent worldwide threat assessment of the
intelligence community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the purposes
of suppressing dissent or intimidating critics, on behalf of
a country included in the annual country reports on human
rights practices of the Department for systematic acts of
political repression, including arbitrary arrest or
detention, torture, extrajudicial or politically motivated
killing, or other gross violations of human rights.
SEC. 10503. FOREIGN RELATIONS OF THE UNITED STATES (FRUS)
SERIES AND DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is
amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking ``30''and inserting
``25''; and
(B) in subsection (c)(1)(C), by striking ``30'' and
inserting ``25''.
TITLE VI--PUBLIC DIPLOMACY
SEC. 10601. SHORT TITLE.
This title may be cited as the ``Public Diplomacy
Modernization Act of 2021''.
SEC. 10602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of
efforts across public diplomacy bureaus and offices of the
Department; and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 10603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC
DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary,
acting through the Director of Research and Evaluation
appointed pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department,
including through the routine use of audience research,
digital analytics, and impact evaluations, to plan and
execute such programs and activities; and
(2) make available to Congress the findings of the research
and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall appoint a
Director of Research and Evaluation (referred to in this
subsection as the ``Director'') in the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department.
(2) Limitation on appointment.--The appointment of the
Director pursuant to paragraph (1) shall not result in an
increase in the overall full-time equivalent positions within
the Department.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and evaluation of
public diplomacy programs and activities of the Department in
order to--
(i) improve public diplomacy strategies and tactics; and
(ii) ensure that such programs and activities are
increasing the knowledge, understanding, and trust of the
United States by relevant target audiences;
(B) routinely organize and oversee audience research,
digital analytics, and impact evaluations across all public
diplomacy bureaus and offices of the Department;
(C) support United States diplomatic posts' public affairs
sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with other
appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized research
questions, methodologies, and procedures to ensure that
public diplomacy programs and activities across all public
diplomacy bureaus and offices are designed to meet
appropriate foreign policy objectives; and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the Subcommittee on
Research and Evaluation established pursuant to subsection
(f), regarding the research and evaluation of all public
diplomacy bureaus and offices.
(4) Guidance and training.--Not later than 1 year after the
appointment of the Director pursuant to paragraph (1), the
Director shall develop guidance and training, including
curriculum for use by the Foreign Service Institute, for all
public diplomacy officers of the Department regarding the
reading and interpretation of public diplomacy program and
activity evaluation findings to ensure that such findings and
related lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and activities of
the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department shall ensure that research and
evaluation of public diplomacy and activities of the
Department, as coordinated and overseen by the Director
pursuant to subsection (b), supports strategic planning and
resource allocation across all public diplomacy bureaus and
offices of the Department.
(2) Allocation of resources.--Amounts allocated for the
purpose of research and evaluation of public diplomacy
programs and activities of the Department pursuant to
subsection (b) shall be made available to be disbursed at the
direction of the Director of Research and Evaluation among
the research and evaluation staff across all public diplomacy
bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress that
the Department should gradually increase its allocation of
funds made available under the headings ``Educational and
Cultural Exchange Programs'' and ``Diplomatic Programs'' for
research and evaluation of public diplomacy programs and
activities of the Department pursuant to subsection (b) to a
percentage of program funds that is commensurate with Federal
Government best practices.
(d) Limited Exemption Relating to the Paperwork Reduction
Act.--Chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'') shall not apply to
the collection of information directed at any individuals
conducted by, or on behalf of, the Department of State for
the purpose of audience research, monitoring, and
evaluations, and in connection with the Department's
activities conducted pursuant to any of the following:
(1) The Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451 et seq.).
(2) Section 1287 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656
note).
(3) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
[[Page S8751]]
(e) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department shall maintain, collect,
use, and disseminate records (as such term is defined in
section 552a(a)(4) of title 5, United States Code) for
audience research, digital analytics, and impact evaluation
of communications related to public diplomacy efforts
intended for foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of this
subsection; and
(B) carried out with due regard for privacy and civil
liberties guidance and oversight.
(f) United States Advisory Commission on Public
Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall
establish a Subcommittee on Research and Evaluation to
monitor and advise regarding audience research, digital
analytics, and impact evaluations carried out by the
Department and the United States Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall submit
to the appropriate congressional committees an annual report,
in conjunction with the United States Advisory Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the United States Agency
for Global Media, describing all actions taken by the
Subcommittee pursuant to paragraph (1) and any findings made
as a result of such actions.
SEC. 10604. PERMANENT REAUTHORIZATION OF THE UNITED STATES
ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset'' and
inserting ``continuation''; and
(2) by striking ``until October 1, 2021''.
SEC. 10605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days
after the date of the enactment of this Act, the Secretary
shall establish a working group to explore the possibilities
and cost-benefit analysis of transitioning to a shared
services model as such pertains to human resources, travel,
purchasing, budgetary planning, and all other executive
support functions for all bureaus of the Department that
report to the Under Secretary for Public Diplomacy of the
Department.
(b) 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 plan to implement any
such findings of the working group established under
subsection (a).
SEC. 10606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY
FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
adopt, and include in the Foreign Affairs Manual, guidelines
to collect and utilize information from each diplomatic post
at which the construction of a new embassy compound or new
consulate compound would result in the closure or co-location
of an American Space, American Center, American Corner, or
any other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
et seq.).
(b) Requirements.--The guidelines required by subsection
(a) shall include the following:
(1) Standardized notification to each chief of mission at a
diplomatic post describing the requirements of the Secure
Embassy Construction and Counterterrorism Act of 1999 and the
impact on the mission footprint of such requirements.
(2) An assessment and recommendations from each chief of
mission of potential impacts to public diplomacy programming
at such diplomatic post if any public diplomacy facility
referred to in subsection (a) is closed or staff is co-
located in accordance with such Act.
(3) A process by which assessments and recommendations
under paragraph (2) are considered by the Secretary and the
appropriate Under Secretaries and Assistant Secretaries of
the Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy compound
or new consulate compound design, of the intent to close any
such public diplomacy facility or co-locate public diplomacy
staff in accordance with such Act.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing the
guidelines required under subsection (a) and any
recommendations for any modifications to such guidelines.
SEC. 10607. DEFINITIONS.
In this title:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or the outset of campaign planning and design
regarding specific audience segments to understand the
attitudes, interests, knowledge, and behaviors of such
audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted
by a public diplomacy program or campaign that can be
attributed to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with respect
to the Department, the following:
(A) The Bureau of Educational and Cultural Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and Resources for
Public Diplomacy and Public Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the regional and
functional bureaus.
TITLE VII--COMBATING PUBLIC CORRUPTION
SEC. 10701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help foreign countries promote good governance and
combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign countries
and enhance such countries' ability to combat public
corruption; and
(3) the Department of State should--
(A) promote coordination among the Federal departments and
agencies implementing programs to promote good governance and
combat public corruption in foreign countries in order to
improve effectiveness and efficiency; and
(B) identify areas in which United States efforts to help
other countries promote good governance and combat public
corruption could be enhanced.
SEC. 10702. DEFINITIONS.
In this title:
(1) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a government
official or government entity responsible for, or complicit
in, an act of corruption; and
(B) any company, in which a person or entity described in
subparagraph (A) has a significant stake, which is
responsible for, or complicit in, an act of corruption.
(2) Corruption.--The term ``corruption'' means the unlawful
exercise of entrusted public power for private gain,
including by bribery, nepotism, fraud, or embezzlement.
(3) Significant corruption.--The term ``significant
corruption'' means corruption committed at a high level of
government that has some or all of the following
characteristics:
(A) Illegitimately distorts major decision-making, such as
policy or resource determinations, or other fundamental
functions of governance.
(B) Involves economically or socially large-scale
government activities.
SEC. 10703. PUBLICATION OF TIERED RANKING LIST.
(a) In General.--The Secretary of State shall annually
publish, on a publicly accessible website, a tiered ranking
of all foreign countries.
(b) Tier 1 Countries.--A country shall be ranked as a tier
1 country in the ranking published under subsection (a) if
the government of such country is complying with the minimum
standards set forth in section 10704.
(c) Tier 2 Countries.--A country shall be ranked as a tier
2 country in the ranking published under subsection (a) if
the government of such country is making efforts to comply
with the minimum standards set forth in section 10704, but is
not achieving the requisite level of compliance to be ranked
as a tier 1 country.
(d) Tier 3 Countries.--A country shall be ranked as a tier
3 country in the ranking published under subsection (a) if
the government of such country is making de minimis or no
efforts to comply with the minimum standards set forth in
section 10704.
SEC. 10704. MINIMUM STANDARDS FOR THE ELIMINATION OF
CORRUPTION AND ASSESSMENT OF EFFORTS TO COMBAT
CORRUPTION.
(a) In General.--The government of a country is complying
with the minimum standards for the elimination of corruption
if the government--
(1) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
corruption, including significant corruption;
(2) enforces the laws described in paragraph (1) by
punishing any person who is found, through a fair judicial
process, to have violated such laws;
(3) prescribes punishment for significant corruption that
is commensurate with the punishment prescribed for serious
crimes; and
(4) is making serious and sustained efforts to address
corruption, including through prevention.
(b) Factors for Assessing Government Efforts to Combat
Corruption.--In determining whether a government is making
serious and sustained efforts to address corruption, the
Secretary of State shall consider, to the extent relevant or
appropriate, factors such as--
(1) whether the government of the country has criminalized
corruption, investigates and
[[Page S8752]]
prosecutes acts of corruption, and convicts and sentences
persons responsible for such acts over which it has
jurisdiction, including, as appropriate, incarcerating
individuals convicted of such acts;
(2) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate corruption,
including nationals of the country who are deployed in
foreign military assignments, trade delegations abroad, or
other similar missions, who engage in or facilitate
significant corruption;
(3) whether the government of the country has adopted
measures to prevent corruption, such as measures to inform
and educate the public, including potential victims, about
the causes and consequences of corruption;
(4) what steps the government of the country has taken to
prohibit government officials from participating in,
facilitating, or condoning corruption, including the
investigation, prosecution, and conviction of such officials;
(5) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil
society organizations and other institutions to combat
corruption, including reporting, investigating, and
monitoring;
(6) whether an independent judiciary or judicial body in
the country is responsible for, and effectively capable of,
deciding corruption cases impartially, on the basis of facts
and in accordance with the law, without any improper
restrictions, influences, inducements, pressures, threats, or
interferences (direct or indirect);
(7) whether the government of the country is assisting in
international investigations of transnational corruption
networks and in other cooperative efforts to combat
significant corruption, including, as appropriate,
cooperating with the governments of other countries to
extradite corrupt actors;
(8) whether the government of the country recognizes the
rights of victims of corruption, ensures their access to
justice, and takes steps to prevent victims from being
further victimized or persecuted by corrupt actors,
government officials, or others;
(9) whether the government of the country protects victims
of corruption or whistleblowers from reprisal due to such
persons having assisted in exposing corruption, and refrains
from other discriminatory treatment of such persons;
(10) whether the government of the country is willing and
able to recover and, as appropriate, return the proceeds of
corruption;
(11) whether the government of the country is taking steps
to implement financial transparency measures in line with the
Financial Action Task Force recommendations, including due
diligence and beneficial ownership transparency requirements;
(12) whether the government of the country is facilitating
corruption in other countries in connection with state-
directed investment, loans or grants for major
infrastructure, or other initiatives; and
(13) such other information relating to corruption as the
Secretary of State considers appropriate.
(c) Assessing Government Efforts to Combat Corruption in
Relation to Relevant International Commitments.--In
determining whether a government is making serious and
sustained efforts to address corruption, the Secretary of
State shall consider the government of a country's compliance
with the following, as relevant:
(1) The Inter-American Convention against Corruption of the
Organization of American States, done at Caracas March 29,
1996.
(2) The Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation of Economic Co-operation and Development, done
at Paris December 21, 1997 (commonly referred to as the
``Anti-Bribery Convention'').
(3) The United Nations Convention against Transnational
Organized Crime, done at New York November 15, 2000.
(4) The United Nations Convention against Corruption, done
at New York October 31, 2003.
(5) Such other treaties, agreements, and international
standards as the Secretary of State considers appropriate.
SEC. 10705. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF
CONTACT.
(a) In General.--The Secretary of State shall annually
designate an anti-corruption point of contact at the United
States diplomatic post to each country identified as tier 2
or tier 3 under section 10703, or which the Secretary
otherwise determines is in need of such a point of contact.
The point of contact shall be the chief of mission or the
chief of mission's designee.
(b) Responsibilities.--Each anti-corruption point of
contact designated under subsection (a) shall be responsible
for enhancing coordination and promoting the implementation
of a whole-of-government approach among the relevant Federal
departments and agencies undertaking efforts to--
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries--
(A) to combat public corruption; and
(B) to develop and implement corruption risk assessment
tools and mitigation strategies.
(c) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under subsection (a).
TITLE VIII--OTHER MATTERS
SEC. 10801. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following:
``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
that assistance for such country is in the national interest
of the United States.''; and
(5) by adding at the end the following new paragraph:
``(2) No assistance shall be furnished under this Act, the
Peace Corps Act, the Millennium Challenge Act of 2003, the
African Development Foundation Act, the BUILD Act of 2018,
section 504 of the FREEDOM Support Act, or section 23 of the
Arms Export Control Act to the government of any country
which is in default during a period in excess of 1 calendar
year in payment to the United States of principal or interest
or any loan made to the government of such country by the
United States unless the President determines, following
consultation with the congressional committees specified in
paragraph (1), that assistance for such country is in the
national interest of the United States.''.
SEC. 10802. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION
AND RETURN ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of
2014 (22 U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after ``access
cases''; and
(ii) by inserting ``and the number of children involved''
before the semicolon at the end; and
(B) in subparagraph (D), by inserting ``respectively, the
number of children involved,'' after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon at the
end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children
involved for each country and as a total for all
countries.''.
SEC. 10803. CONGRESSIONAL OVERSIGHT, QUARTERLY REVIEW, AND
AUTHORITY RELATING TO CONCURRENCE PROVIDED BY
CHIEFS OF MISSION FOR THE PROVISION OF SUPPORT
RELATING TO CERTAIN UNITED STATES GOVERNMENT
OPERATIONS.
(a) Notification Required.--Not later than 30 days after
the date on which a chief of mission provides concurrence for
the provision of United States Government support to entities
or individuals engaged in facilitating or supporting United
States Government operations within the area of
responsibility of the chief of mission, the Secretary of
State shall notify the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives of the provision of such concurrence.
(b) Quarterly Review, Determination, and Briefing
Required.--Not less frequently than every 90 days, the
Secretary of State shall, in order to ensure support
described in subsection (a) continues to align with United
States foreign policy objectives and the objectives of the
Department of State--
(1) conduct a review of any concurrence described in
subsection (a) in effect as of the date of the review;
(2) based on the review, determine whether to revoke any
such concurrence pending further study and review; and
(3) brief the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives on the results of the review.
(c) Revocation of Concurrence.--Based on the review
conducted pursuant to subsection (b), the Secretary may
revoke any such concurrence.
(d) Annual Report Required.--Not later than January 31 of
each year, the Secretary of State shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report that includes the following:
(1) A description of any support described in subsection
(a) that was provided with the concurrence of a chief of
mission during the calendar year preceding the calendar year
in which the report is submitted.
(2) An analysis of the effects of the support described in
paragraph (1) on diplomatic lines of effort, including with
respect to--
(A) Nonproliferation, Anti-terrorism, Demining, and Related
Programs (NADR) and associated Anti-Terrorism Assistance
(ATA) programs;
(B) International Narcotics Control and Law Enforcement
(INCLE) programs; and
[[Page S8753]]
(C) Foreign Military Sales (FMS), Foreign Military
Financing (FMF), and associated training programs.
SEC. 10804. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION
TASK FORCE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees, the Committee on Armed
Services of the House of Representatives, and the Committee
on Armed Services of the Senate a report evaluating the
efforts of the Coronavirus Repatriation Task Force of the
Department of State to repatriate United States citizens and
legal permanent residents in response to the 2020 coronavirus
outbreak. The report shall identify--
(1) the most significant impediments to repatriating such
persons;
(2) the lessons learned from such repatriations; and
(3) any changes planned to future repatriation efforts of
the Department of State to incorporate such lessons learned.
DIVISION H--REAUTHORIZATION OF NATIVE AMERICAN HOUSING ASSISTANCE AND
SELF-DETERMINATION ACT OF 1996
SEC. 11001. SHORT TITLE.
This division may be cited as the ``Native American Housing
Assistance and Self-Determination Reauthorization Act of
2021''.
SEC. 11002. CONSOLIDATION OF ENVIRONMENTAL REVIEW
REQUIREMENTS.
Section 105 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by
adding at the end the following:
``(e) Consolidation of Environmental Review Requirements.--
``(1) In general.--In the case of a recipient of grant
amounts under this Act that is carrying out a project that
qualifies as an affordable housing activity under section
202, if the recipient is using 1 or more additional sources
of Federal funds to carry out the project, and the grant
amounts received under this Act constitute the largest single
source of Federal funds that the recipient reasonably expects
to commit to the project at the time of environmental review,
the Indian tribe of the recipient may assume, in addition to
all of the responsibilities for environmental review,
decision making, and action under subsection (a), all of the
additional responsibilities for environmental review,
decision making, and action under provisions of law that
would apply to each Federal agency providing additional
funding were the Federal agency to carry out the project as a
Federal project.
``(2) Discharge.--The assumption by the Indian tribe of the
additional responsibilities for environmental review,
decision making, and action under paragraph (1) with respect
to a project shall be deemed to discharge the responsibility
of the applicable Federal agency for environmental review,
decision making, and action with respect to the project.
``(3) Certification.--An Indian tribe that assumes the
additional responsibilities under paragraph (1), shall
certify, in addition to the requirements under subsection
(c)--
``(A) the additional responsibilities that the Indian tribe
has fully carried out under this subsection; and
``(B) that the certifying officer consents to assume the
status of a responsible Federal official under the provisions
of law that would apply to each Federal agency providing
additional funding under paragraph (1).
``(4) Liability.--
``(A) In general.--An Indian tribe that completes an
environmental review under this subsection shall assume sole
liability for the content and quality of the review.
``(B) Remedies and sanctions.--Except as provided in
subparagraph (C), if the Secretary approves a certification
and release of funds to an Indian tribe for a project in
accordance with subsection (b), but the Secretary or the head
of another Federal agency providing funding for the project
subsequently learns that the Indian tribe failed to carry out
the responsibilities of the Indian tribe as described in
subsection (a) or paragraph (1), as applicable, the Secretary
or other head, as applicable, may impose appropriate remedies
and sanctions in accordance with--
``(i) the regulations issued pursuant to section 106; or
``(ii) such regulations as are issued by the other head.
``(C) Statutory violation waivers.--If the Secretary waives
the requirements under this section in accordance with
subsection (d) with respect to a project for which an Indian
tribe assumes additional responsibilities under paragraph
(1), the waiver shall prohibit any other Federal agency
providing additional funding for the project from imposing
remedies or sanctions for failure to comply with requirements
for environmental review, decision making, and action under
provisions of law that would apply to the Federal agency.''.
SEC. 11003. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4117) is amended,
in the first sentence, by striking ``2009 through 2013'' and
inserting ``2022 through 2029''.
SEC. 11004. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is
amended by inserting ``including education-related stipends,
college housing assistance, and other education-related
assistance for low-income college students,'' after ``self-
sufficiency and other services,''.
SEC. 11005. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR
OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED
HOUSING ENTITY.
Section 203(a)(2) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is
amended by inserting ``owned or operated by a recipient and''
after ``residing in a dwelling unit''.
SEC. 11006. PROGRAM REQUIREMENTS.
Section 203(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as
amended by section 11005) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Application of tribal policies.--Paragraph (3) shall
not apply if--
``(A) the recipient has a written policy governing rents
and homebuyer payments charged for dwelling units; and
``(B) that policy includes a provision governing maximum
rents or homebuyer payments, including tenant protections.'';
and
(4) in paragraph (3) (as so redesignated), by striking ``In
the case of'' and inserting ``In the absence of a written
policy governing rents and homebuyer payments, in the case
of''.
SEC. 11007. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND
SERVICES.
Section 203(g) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is
amended by striking ``$5,000'' and inserting ``$10,000''.
SEC. 11008. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME
REQUIREMENT AND INCOME TARGETING.
Section 205 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to a
homebuyer or a lease-purchase unit, that the current rental
family can purchase through a contract of sale, lease-
purchase agreement, or any other sales agreement, is made
available for purchase only by the current rental family, if
the rental family was a low-income family at the time of
their initial occupancy of such unit; and''; and
(2) in subsection (c)--
(A) by striking ``The provisions'' and inserting the
following:
``(1) In general.--The provisions''; and
(B) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of
subsection (a)(2) regarding binding commitments for the
remaining useful life of property shall not apply to
improvements of privately owned homes if the cost of the
improvements do not exceed 10 percent of the maximum total
development cost for the home.''.
SEC. 11009. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by
adding at the end the following:
``(c) Notice of Termination.--The notice period described
in subsection (a)(3) shall apply to projects and programs
funded in part by amounts authorized under this Act.''.
SEC. 11010. INDIAN HEALTH SERVICE.
(a) In General.--Subtitle A of title II of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end
the following:
``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
``Notwithstanding any other provision of law, the Director
of the Indian Health Service, or a recipient receiving
funding for a housing construction or renovation project
under this title, may use funding from the Indian Health
Service for the construction of sanitation facilities under
that project.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (Public Law 104-330; 110 Stat.
4016) is amended by inserting after the item relating to
section 210 the following:
``Sec. 211. IHS sanitation facilities construction.''.
SEC. 11011. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN
EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is
amended--
(1) in subparagraph (A), by striking ``may take an action
described in paragraph (1)(C)'' and inserting ``may
immediately take an action described in paragraph (1)(C)'';
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes an action
described in subparagraph (A), the Secretary shall provide
notice to the recipient at the time that the Secretary takes
that action.
``(ii) Notice requirements.--The notice under clause (i)
shall inform the recipient
[[Page S8754]]
that the recipient may request a hearing by not later than 30
days after the date on which the Secretary provides the
notice.
``(iii) Hearing requirements.--A hearing requested under
clause (ii) shall be conducted--
``(I) in accordance with subpart A of part 26 of title 24,
Code of Federal Regulations (or successor regulations); and
``(II) to the maximum extent practicable, on an expedited
basis.
``(iv) Failure to conduct a hearing.--If a hearing
requested under clause (ii) is not completed by the date that
is 180 days after the date on which the recipient requests
the hearing, the action of the Secretary to limit the
availability of payments shall no longer be effective.''.
SEC. 11012. REPORTS TO CONGRESS.
Section 407 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Indian Affairs and the Committee on
Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in
subsection (a) shall be made publicly available, including to
recipients.''.
SEC. 11013. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED
LANDS FOR HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and
inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and
inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and
inserting ``99 years''.
SEC. 11014. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE
HOUSING ACTIVITIES.
Section 802(e) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is
amended by--
(1) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Subawards.--Notwithstanding any other provision of
law, including provisions of State law requiring competitive
procurement, the Director may make subawards to
subrecipients, except for for-profit entities, using amounts
provided under this title to carry out affordable housing
activities upon a determination by the Director that such
subrecipients have adequate capacity to carry out activities
in accordance with this Act.''.
SEC. 11015. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP
PROVISIONS.
Section 824 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by
striking ``such sums as may be necessary'' and all that
follows through the period at the end and inserting ``such
sums as may be necessary for each of fiscal years 2022
through 2029.''.
SEC. 11016. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.
Affordable housing (as defined in section 4 of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103)) that is developed, acquired, or
assisted under the block grant program established under
section 101 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4111) shall not
exceed by more than 20 percent, without prior approval of the
Secretary of Housing and Urban Development, the total
development cost maximum cost for all housing assisted under
an affordable housing activity, including development and
model activities.
SEC. 11017. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS.
Section 105 of the Housing and Community Development Act of
1974 (42 U.S.C. 5305) is amended by adding at the end the
following:
``(i) Indian Tribes and Tribally Designated Housing
Entities as Community-based Development Organizations.--
``(1) Definition.--In this subsection, the term `tribally
designated housing entity' has the meaning given the term in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
``(2) Qualification.--An Indian tribe, a tribally
designated housing entity, or a tribal organization shall
qualify as a community-based development organization for
purposes of carrying out new housing construction under this
subsection under a grant made under section 106(a)(1).''.
SEC. 11018. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING
COUNSELING GRANTS.
Section 106(a)(4) of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting before the period at the end the
following: ``, Indian tribes, and tribally designated housing
entities'';
(2) in subparagraph (B), by inserting ``, Indian tribes,
and tribally designated housing entities'' after
``organizations)'';
(3) by redesignating subparagraph (F) as subparagraph (G);
and
(4) by inserting after subparagraph (E) the following:
``(F) Definitions.--In this paragraph, the terms `Indian
tribe' and `tribally designated housing entity' have the
meanings given those terms in section 4 of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103).''.
SEC. 11019. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184(b)(4) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4))
is amended--
(1) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively, and adjusting the
margins accordingly;
(2) by striking ``The loan'' and inserting the following:
``(A) In general.--The loan'';
(3) in subparagraph (A), as so designated, by adding at the
end the following:
``(v) Any entity certified as a community development
financial institution by the Community Development Financial
Institutions Fund established under section 104(a) of the
Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4703(a)).''; and
(4) by adding at the end the following:
``(B) Direct guarantee process.--
``(i) Authorization.--The Secretary may authorize
qualifying lenders to participate in a direct guarantee
process for approving loans under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary determines that a
mortgage guaranteed through a direct guarantee process under
this subparagraph was not originated in accordance with the
requirements established by the Secretary, the Secretary may
require the lender approved under this subparagraph to
indemnify the Secretary for the loss, irrespective of whether
the violation caused the mortgage default.
``(II) Fraud or misrepresentation.--If fraud or
misrepresentation is involved in a direct guarantee process
under this subparagraph, the Secretary shall require the
original lender approved under this subparagraph to indemnify
the Secretary for the loss regardless of when an insurance
claim is paid.
``(C) Review of mortgagees.--
``(i) In general.--The Secretary may periodically review
the mortgagees originating, underwriting, or servicing single
family mortgage loans under this section.
``(ii) Requirements.--In conducting a review under clause
(i), the Secretary--
``(I) shall compare the mortgagee with other mortgagees
originating or underwriting loan guarantees for Indian
housing based on the rates of defaults and claims for
guaranteed mortgage loans originated, underwritten, or
serviced by that mortgagee;
``(II) may compare the mortgagee with such other mortgagees
based on underwriting quality, geographic area served, or any
commonly used factors the Secretary determines necessary for
comparing mortgage default risk, provided that the comparison
is of factors that the Secretary would expect to affect the
default risk of mortgage loans guaranteed by the Secretary;
``(iii) shall implement such comparisons by regulation,
notice, or mortgagee letter; and
``(I) may terminate the approval of a mortgagee to
originate, underwrite, or service loan guarantees for housing
under this section if the Secretary determines that the
mortgage loans originated, underwritten, or serviced by the
mortgagee present an unacceptable risk to the Indian Housing
Loan Guarantee Fund established under subsection (i)--
``(aa) based on a comparison of any of the factors set
forth in this subparagraph; or
``(bb) by a determination that the mortgagee engaged in
fraud or misrepresentation.''.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5)
of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary
for each of fiscal years 2022 through 2029.''; and
(2) in subparagraph (C), by striking ``2008 through 2012''
and inserting ``2022 through 2029''.
SEC. 11020. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act
of 1992 (12 U.S.C. 1715z-13b) is amended--
(1) in subsection (c)(4)(B)--
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following:
``(iv) Any entity certified as a community development
financial institution by the Community Development Financial
Institutions Fund established under section 104(a) of the
Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4703(a)).''; and
(2) in subsection (j)(5)(B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary
for each of fiscal years 2022 through 2029.''.
SEC. 11021. DRUG ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Drug-related crime.--The term ``drug-related crime''
means the illegal manufacture, sale, distribution, use, or
possession
[[Page S8755]]
with intent to manufacture, sell, distribute, or use a
controlled substance.
(3) Recipient.--The term ``recipient''--
(A) has the meaning given the term in section 4 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103); and
(B) includes a recipient of funds under title VIII of that
Act (25 U.S.C. 4221 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Establishment.--The Secretary may make grants under
this section to recipients of assistance under the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-
related and violent crime.
(c) Eligible Activities.--Grants under this section may be
used for--
(1) the employment of security personnel;
(2) reimbursement of State, local, Tribal, or Bureau of
Indian Affairs law enforcement agencies for additional
security and protective services;
(3) physical improvements which are specifically designed
to enhance security;
(4) the employment of 1 or more individuals--
(A) to investigate drug-related or violent crime in and
around the real property comprising housing assisted under
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4101 et seq.); and
(B) to provide evidence relating to such crime in any
administrative or judicial proceeding;
(5) the provision of training, communications equipment,
and other related equipment for use by voluntary tenant
patrols acting in cooperation with law enforcement officials;
(6) programs designed to reduce use of drugs in and around
housing communities funded under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.), including drug-abuse prevention, intervention,
referral, and treatment programs;
(7) providing funding to nonprofit resident management
corporations and resident councils to develop security and
drug abuse prevention programs involving site residents;
(8) sports programs and sports activities that serve
primarily youths from housing communities funded through and
are operated in conjunction with, or in furtherance of, an
organized program or plan designed to reduce or eliminate
drugs and drug-related problems in and around those
communities; and
(9) other programs for youth in school settings that
address drug prevention and positive alternatives for youth,
including education and activities related to science,
technology, engineering, and math.
(d) Applications.--
(1) In general.--To receive a grant under this subsection,
an eligible applicant shall submit an application to the
Secretary, at such time, in such manner, and accompanied by--
(A) a plan for addressing the problem of drug-related or
violent crime in and around of the housing administered or
owned by the applicant for which the application is being
submitted; and
(B) such additional information as the Secretary may
reasonably require.
(2) Criteria.--The Secretary shall approve applications
submitted under paragraph (1) on the basis of thresholds or
criteria such as--
(A) the extent of the drug-related or violent crime problem
in and around the housing or projects proposed for
assistance;
(B) the quality of the plan to address the crime problem in
the housing or projects proposed for assistance, including
the extent to which the plan includes initiatives that can be
sustained over a period of several years;
(C) the capability of the applicant to carry out the plan;
and
(D) the extent to which tenants, the Tribal government, and
the Tribal community support and participate in the design
and implementation of the activities proposed to be funded
under the application.
(e) High Intensity Drug Trafficking Areas.--In evaluating
the extent of the drug-related crime problem pursuant to
subsection (d)(2), the Secretary may consider whether housing
or projects proposed for assistance are located in a high
intensity drug trafficking area designated pursuant to
section 707(b) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
(f) Reports.--
(1) Grantee reports.--The Secretary shall require grantees
under this section to provide periodic reports that include
the obligation and expenditure of grant funds, the progress
made by the grantee in implementing the plan described in
subsection (d)(1)(A), and any change in the incidence of
drug-related crime in projects assisted under section.
(2) HUD reports.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the system used to distribute funding to
grantees under this section, which shall include descriptions
of--
(A) the methodology used to distribute amounts made
available under this section; and
(B) actions taken by the Secretary to ensure that amounts
made available under section are not used to fund baseline
local government services, as described in subsection (h)(2).
(g) Notice of Funding Awards.--The Secretary shall publish
on the website of the Department a notice of all grant awards
made pursuant to section, which shall identify the grantees
and the amount of the grants.
(h) Monitoring.--
(1) In general.--The Secretary shall audit and monitor the
program funded under this subsection to ensure that
assistance provided under this subsection is administered in
accordance with the provisions of section.
(2) Prohibition of funding baseline services.--
(A) In general.--Amounts provided under this section may
not be used to reimburse or support any local law enforcement
agency or unit of general local government for the provision
of services that are included in the baseline of services
required to be provided by any such entity pursuant to a
local cooperative agreement pursuant under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et
seq.) or any provision of an annual contributions contract
for payments in lieu of taxation with the Bureau of Indian
Affairs.
(B) Description.--Each grantee under this section shall
describe, in the report under subsection (f)(1), such
baseline of services for the unit of Tribal government in
which the jurisdiction of the grantee is located.
(3) Enforcement.--The Secretary shall provide for the
effective enforcement of this section, as specified in the
program requirements published in a notice by the Secretary,
which may include--
(A) the use of on-site monitoring, independent public audit
requirements, certification by Tribal or Federal law
enforcement or Tribal government officials regarding the
performance of baseline services referred to in paragraph
(2);
(B) entering into agreements with the Attorney General to
achieve compliance, and verification of compliance, with the
provisions of this section; and
(C) adopting enforcement authority that is substantially
similar to the authority provided to the Secretary under the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.)
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each
fiscal years 2022 through 2029 to carry out this section.
SEC. 11022. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN
VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(19)) is amended by adding at the end the
following:
``(E) Indian veterans housing rental assistance program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The term `eligible Indian
veteran' means an Indian veteran who is--
``(aa) homeless or at risk of homelessness; and
``(bb) living--
``(AA) on or near a reservation; or
``(BB) in or near any other Indian area.
``(II) Eligible recipient.--The term `eligible recipient'
means a recipient eligible to receive a grant under section
101 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111).
``(III) Indian; indian area.--The terms `Indian' and
`Indian area' have the meanings given those terms in section
4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
``(IV) Indian veteran.--The term `Indian veteran' means an
Indian who is a veteran.
``(V) Program.--The term `Program' means the Tribal HUD-
VASH program carried out under clause (ii).
``(VI) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The Secretary shall use not
less than 5 percent of the amounts made available for rental
assistance under this paragraph to carry out a rental
assistance and supported housing program, to be known as the
`Tribal HUD-VASH program', in conjunction with the Secretary
of Veterans Affairs, by awarding grants for the benefit of
eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as provided in subclause (II),
the Secretary shall model the Program on the rental
assistance and supported housing program authorized under
subparagraph (A) and applicable appropriations Acts,
including administration in conjunction with the Secretary of
Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing and urban development.--After
consultation with Indian tribes, eligible recipients, and any
other appropriate tribal organizations, the Secretary may
make necessary and appropriate modifications to facilitate
the use of the Program by eligible recipients to serve
eligible Indian veterans.
``(bb) Secretary of veterans affairs.--After consultation
with Indian tribes, eligible recipients, and any other
appropriate tribal organizations, the Secretary of Veterans
Affairs may make necessary and appropriate modifications to
facilitate the use of the Program by eligible recipients to
serve eligible Indian veterans.
[[Page S8756]]
``(iv) Eligible recipients.--The Secretary shall make
amounts for rental assistance and associated administrative
costs under the Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary shall award grants
under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria established by the
Secretary in a notice published in the Federal Register after
consulting with the Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded under the Program
shall be administered in accordance with the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.), except that recipients shall--
``(I) submit to the Secretary, in a manner prescribed by
the Secretary, reports on the utilization of rental
assistance provided under the Program; and
``(II) provide to the Secretary information specified by
the Secretary to assess the effectiveness of the Program in
serving eligible Indian veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal organizations.--The
Secretary, in coordination with the Secretary of Veterans
Affairs, shall consult with eligible recipients and any other
appropriate tribal organization on the design of the Program
to ensure the effective delivery of rental assistance and
supportive services to eligible Indian veterans under the
Program.
``(II) Indian health service.--The Director of the Indian
Health Service shall provide any assistance requested by the
Secretary or the Secretary of Veterans Affairs in carrying
out the Program.
``(viii) Waiver.--
``(I) In general.--Except as provided in subclause (II),
the Secretary may waive or specify alternative requirements
for any provision of law (including regulations) that the
Secretary administers in connection with the use of rental
assistance made available under the Program if the Secretary
finds that the waiver or alternative requirement is necessary
for the effective delivery and administration of rental
assistance under the Program to eligible Indian veterans.
``(II) Exception.--The Secretary may not waive or specify
alternative requirements under subclause (I) for any
provision of law (including regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made available for tenant-
based rental assistance under this subsection and without
regard to the amounts used for new grants under clause (ii),
such amounts as may be necessary to award renewal grants to
eligible recipients that received a grant under the Program
in a previous year; and
``(II) specify criteria that an eligible recipient must
satisfy to receive a renewal grant under subclause (I),
including providing data on how the eligible recipient used
the amounts of any grant previously received under the
Program.
``(x) Reporting.--
``(I) In general.--Not later than 1 year after the date of
enactment of this subparagraph, and every 5 years thereafter,
the Secretary, in coordination with the Secretary of Veterans
Affairs and the Director of the Indian Health Service,
shall--
``(aa) conduct a review of the implementation of the
Program, including any factors that may have limited its
success; and
``(bb) submit a report describing the results of the review
under item (aa) to--
``(AA) the Committee on Indian Affairs, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Veterans' Affairs, and the Committee on Appropriations of the
Senate; and
``(BB) the Subcommittee on Indian, Insular and Alaska
Native Affairs of the Committee on Natural Resources, the
Committee on Financial Services, the Committee on Veterans'
Affairs, and the Committee on Appropriations of the House of
Representatives.
``(II) Analysis of housing stock limitation.--The Secretary
shall include in the initial report submitted under subclause
(I) a description of--
``(aa) any regulations governing the use of formula current
assisted stock (as defined in section 1000.314 of title 24,
Code of Federal Regulations (or any successor regulation))
within the Program;
``(bb) the number of recipients of grants under the Program
that have reported the regulations described in item (aa) as
a barrier to implementation of the Program; and
``(cc) proposed alternative legislation or regulations
developed by the Secretary in consultation with recipients of
grants under the Program to allow the use of formula current
assisted stock within the Program.''.
SEC. 11023. LEVERAGING.
All funds provided under a grant made pursuant to this
division or the amendments made by this division may be used
for purposes of meeting matching or cost participation
requirements under any other Federal or non-Federal program,
provided that such grants made pursuant to the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.) are spent in accordance with
that Act.
Amendment No. 4775 to Amendment No. 3867
Mr. REED. Madam President, I ask unanimous consent to call up
amendment No. 4775 and I ask that it be reported by number.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The clerk will report the amendment by number.
The senior assistant legislative clerk read as follows:
The Senator from Rhode Island [Mr. Reed] proposes an
amendment numbered 4775 to amendment No. 3867.
The amendment is as follows:
(Purpose: To modify effective dates relating to the Assistant Secretary
of the Air Force for Space Acquisition and Integration and the Service
Acquisition Executive of the Department of the Air Force for Space
System and Programs)
Strike section 1508 and insert the following:
SEC. 1508. MODIFICATIONS TO EFFECTIVE DATES RELATING TO THE
ASSISTANT SECRETARY OF THE AIR FORCE FOR SPACE
ACQUISITION AND INTEGRATION AND THE SERVICE
ACQUISITION EXECUTIVE OF THE DEPARTMENT OF THE
AIR FORCE FOR SPACE SYSTEMS AND PROGRAMS.
(a) Modification to Effective Date of 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; 133 Stat. 1566; 10
U.S.C. 9016 note), as amended by section 1507(c), is further
amended--
(1) by striking ``Effective'' and inserting ``Not later
than''; and
(2) by striking ``as of September 30, 2022'' and inserting
``at the time of such transfer''.
(b) Modifications to Effective Dates for Service
Acquisition Executive of the Department of the Air Force for
Space Systems and Programs.--
(1) In general.--Section 957 of the National Defense
Authorization Act for Fiscal Year 2020 (10 U.S.C. 9016 note)
is amended--
(A) in subsection (a), by striking ``Effective'' and
inserting ``Not later than''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Effective as of'' and
inserting ``Not later than''; and
(ii) in paragraph (2), by striking ``as of October 1,
2022'' and inserting ``as described in paragraph (1)''.
(2) Conforming amendment.--Section 9016(b)(6)(vi) of title
10, United States Code, as amended by section 1505(b), is
further amended by striking ``Effective as of'' and inserting
``Not later than''.
(3) Technical correction.--Section 957(b)(1) of the
National Defense Authorization Act for Fiscal Year 2020 (10
U.S.C. 9016 note) is amended by striking ``section 1832(b)''
and inserting ``section 956(b)''.
Mr. REED. I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. REED. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
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