H.R. 4350 Text - Engrossed in House - 117th Congress (2021-2022)

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

(a) Expansion of survivability and lethality testing.—

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

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

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

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

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

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

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

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

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

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

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

(I) communications;

(II) firepower;

(III) mobility;

(IV) catastrophic survivability; and

(V) lethality.

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

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

(iii) ARMED FORCES PROGRAMS.—Of the programs selected pursuant to clause (ii), the Director shall select—

(I) at least one such program from the Army;

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

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

(3) REGULAR SURVIVABILITY AND LETHALITY TESTING THROUGHOUT LIFE CYCLE.—

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

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

(ii) establish guidance for such testing.

(B) ELEMENTS.—In carrying out subparagraph (A), the Secretary shall determine the following:

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

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

(b) Reports and briefing.—

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

(2) MODERNIZATION AND DIGITIZATION REPORT.—

(A) IN GENERAL.—Not later than March 15, 2023, the Director shall submit to the congressional defense committees a report that includes—

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

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

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

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

(aa) are not supported by digital technologies;

(bb) do not include testing against non-kinetic threats; and

(cc) do not include full spectrum survivability.

(iii) an explanation of—

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

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

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

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

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

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

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

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

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

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

(D) the Director;

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

(F) the Service Acquisition Executives;

(G) the Service testing commands;

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

(I) representatives from—

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

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

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

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

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

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

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

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

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

(A) cyber attacks;

(B) electromagnetic spectrum operations;

(D) directed energy weapons.

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

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

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

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

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

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

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

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

(B) requirements processes;

(D) other procurement programs and authorities, including—

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

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

(iii) cooperative agreements;

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

(v) grant programs; and

(E) new entrant barriers and challenges, including—

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

(ii) securing clearances for personnel and facilities; and

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

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

(B) program management offices;

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

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

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

(d) Terms of agreements.—

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

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

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

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

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

(f) Data collection.—

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

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

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

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

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

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

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

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

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

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

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

(4) the Administrator of Federal Procurement Policy; and

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

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

(j) Comptroller General assessment and report.—

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

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

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

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

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

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

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

(k) Definitions.—In this section:

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

(A) the congressional defense committees;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(f) Independent review of final report.—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) The billets assigned to support such capacity.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 225. Funding for hypersonics advanced manufacturing.

(a) In general.—Of the funds authorized to be appropriated by section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for advanced technology development for the Defense-wide manufacturing science and technology program, line 050 (PE0603680D8Z), $15,000,000 is authorized to be used in support of hypersonics advanced manufacturing.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Space Force, as specified in the corresponding funding table in section 4301, for contractor logistics and system support, line 080, is hereby reduced by $15,000,000.

SEC. 226. Funding increase for 3D printing of infrastructure.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201, as specified in the corresponding funding table in section 4201, line 038 (PE 0603119A), is hereby increased by $12,500,000.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for Integrated Personnel and Pay System - Army (IPPS-A), line 121, is hereby reduced by $12,500,000.

SEC. 227. Funding increase for cold weather capabilities.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Air Force, as specified in the corresponding funding table in section 4201, for applied research, materials, line 005 (PE 0602102F), is hereby increased by $7,500,000.

SEC. 228. Funding for soldier lethality technology.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test and evaluation, Army, as specified in the corresponding funding table in section 4201, for advanced technology development, soldier lethality advanced technology (PE0603118A), line 037, is hereby increased by $8,000,000.

SEC. 229. Pilot program on data libraries for training artificial intelligence models.

(a) Data libraries.—The Secretary of Defense, acting through the Director of the Joint Artificial Intelligence Center, is authorized to carry out a pilot program under which Secretary may—

(1) establish data libraries containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and

(2) allow private companies to access such data libraries for the purposes of developing artificial intelligence models and other technical software solutions.

(b) Objectives.—The objective of the pilot program under subsection (a) shall be to ensure that the Department of Defense is able to procure optimal artificial intelligence and machine learning software capabilities that can quickly scale to meet the needs of the Department.

(c) Elements.—If the Secretary of Defense elects to carry out the pilot program under subsection (a), the data libraries established under the program—

(1) may include unclassified data stacks representative of diverse types of information, such as aerial imagery, radar, synthetic aperture radar, captured exploitable material, publicly available information, and as many other data types the Secretary determines appropriate; and

(2) shall be made available to covered software companies beginning immediately upon the covered software company entering into a contract or agreement with the Secretary to support rapid development of high-quality software.

(d) Availability.—If the Secretary of Defense elects to carry out the pilot program under subsection (a), the Secretary, acting through the Chief Information Officer of the Department, shall ensure that the data libraries established under the program are available to covered software companies by not later than 180 days after the date on which the program is commenced.

(e) Briefing.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on implementing this section, including an identification of the types of information that the Secretary determines are feasible and advisable to include in the data stacks under subsection (b)(1).

SEC. 229A. Establishment of quantum network testbed program for Department of Air Force.

(a) In general.—The Secretary of the Air Force may establish a program to develop a proof-of-concept quantum network testbed that may be accessed by prototype quantum computers.

(b) Funding for quantum network testbed program.—

(1) INCREASE.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation Air Force applied research, line 014, as specified in the corresponding funding table in section 4201, for dominant information sciences and methods is hereby increased by $10,000,000 (to be used to in support of the quantum network and computing testbed program under this section).

(2) OFFSET.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, space force, as specified in the corresponding funding table in section 4301, contractor logistics and system support, line 080, is hereby reduced by $10,000,000.

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

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

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

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

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

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

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

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

(2) An implementation plan to implement such strategy.

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) the F–35B; and

(B) the F–35C.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Plans for ensuring the safety and security of major weapon systems equipped with autonomy software, including plans for testing, evaluation, validation, and verification of such systems.

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

(2) the Secretaries of the military departments; and

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

(d) Report.—

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

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

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

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

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

SEC. 236. Roadmap for research and development of disruptive manufacturing capabilities.

(a) Roadmap.—The Under Secretary of Defense for Research and Engineering, in consultation with the Department of Defense Manufacturing Innovation Institutes, shall develop a capabilities integration roadmap for disruptive manufacturing technologies including workforce skills needed to support it and proposed pilot-scale demonstration projects proving concepts, models, technologies, and engineering barriers.

(b) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the roadmap developed under subsection (a).

SEC. 237. Biennial Assessments of the Air Force Research Laboratory, Aerospace Systems Directorate, Rocket Propulsion Division.

(a) Assessments required.—Not later than 30 days after the date on which the President’s budget is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2023 and 2025, the Secretary of the Air Force shall submit to the congressional defense committees an assessment of the Air Force Research Laboratory, Aerospace Systems Directorate, Rocket Propulsion Division.

(b) Elements.—Each assessment under subsection (a) shall include, for the period covered by the assessment, a description of—

(1) any challenges of the Air Force Research Laboratory, Aerospace Systems Directorate, Rocket Propulsion Division with respect to completing its mission, including with respect to test activities and infrastructure; and

(2) the plan of the Secretary to address such challenges.

SEC. 238. Report detailing compliance with disclosure requirements for recipients of research and development funds.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report detailing compliance with the disclosure requirements for recipients of research and development funds required under section 2374b of title 10, United States Code.

SEC. 239. Sense of Congress on the additive manufacturing and machine learning initiative of the Army.

It is the sense of Congress that—

(1) the additive manufacturing and machine learning initiative of the Army has the potential to accelerate the ability to deploy additive manufacturing capabilities in expeditionary settings and strengthen the United States defense industrial supply chain; and

(2) Congress and the Department of Defense should continue to support the additive manufacturing and machine learning initiative of the Army.

SEC. 240. Research security training requirement for Federal research grant personnel.

(a) Annual training requirement.—Drawing on stakeholder input, not later than 12 months after the date of the enactment of this Act, each Federal research agency shall establish a requirement that, as part of an application for a research and development award from the agency—

(1) each covered individual listed on the application for a research and development award certify that they have completed research security training that meets the guidelines developed under subsection (b) within one year of the application; and

(2) each institution of higher education or other organization applying for such an award certify that each covered individual who is employed by the institution or organization and listed on the application has been made aware of the requirement under this subsection.

(b) Training guidelines.—The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under section 1746(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note), shall develop guidelines for institutions of higher education and other organizations receiving Federal research and development funds to use in developing their own training programs to address the unique needs, challenges, and risk profiles of such institutions, including adoption of training modules developed under subsection (c).

(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy in coordination with the Director of the National Science Foundation and the Director of the National Institute of Health, and in consultation with other relevant Federal research agencies, shall enter into an agreement or contract with a qualified entity for the development of online research security training modules for the research community, including modules focused on international collaboration and international travel, foreign interference, and rules for proper use of funds, disclosure, conflict of commitment, and conflict of interest.

(2) STAKEHOLDER INPUT.—Prior to entering into the agreement under paragraph (1), the Director of the Office of Science and Technology Policy shall seek input from academic, private sector, intelligence, and law enforcement stakeholders regarding the scope and content of training modules, including the diversity of needs across institutions of higher education and other awardees of different sizes and types, and recommendations for minimizing administrative burden on institutions of higher education and researchers.

(3) DEVELOPMENT.—The Director of the Office of Science and Technology Policy shall ensure that the entity identified in paragraph (1)—

(A) develops modules that can be adapted and utilized across Federal science agencies; and

(B) develops and implements a plan for regularly updating the modules as needed.

(d) Constistency.—The Director of the Office of Science and Technology Policy shall ensure that the training requirements issued by Federal research agencies under subsection (a) are consistent.

(e) Definitions.—In this section:

(1) The term “covered individual” means an individual who—

(A) contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and

(B) is designated as a covered individual by the Federal research agency concerned.

(2) The term “Federal research agency” means any Federal agency with an annual extramural research expenditure of over $100,000,000.

(3) The term “research and development award” means support provided to an individual or entity by a Federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency.

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.

SEC. 302. Funding for Army Community Services.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance for Army base operations support, line 100, as specified in the corresponding funding table in section 4301, for Army Community Services, line 110, is hereby increased by $30,000,000.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Army, as specified in the corresponding funding table in section 4301, for Army Administration, line 440, is hereby reduced by $15,000,000.

(c) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Army, as specified in the corresponding funding table in section 4301, for Army Other Service Support, line 480, is hereby reduced by $15,000,000.

SEC. 303. Increase in funding for civil military programs.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Civil Military Programs is hereby increased by $35,281,000 (to be used in support of the National Guard Youth Challenge Program).

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Office of Secretary of Defense, Line 540, is hereby reduced by $35,281,000.

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

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

(1) in paragraph (1)(B)—

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

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

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

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

(b) National defense sustainment and logistics review.—

(1) IN GENERAL.—The first section 118a of such title is amended—

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

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

(2) CLERICAL AND CONFORMING AMENDMENTS.—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(j) Definitions.—In this section:

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

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

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

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

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

(1) in subsection (b)—

(A) in paragraph (1)—

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

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

(B) in paragraph (2)—

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

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

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

“(i) for a single ecosystem that—

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

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

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

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

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

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

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

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

(1) in subsection (c)—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“(2) medical waste;

“(3) tires;

“(4) treated wood;

“(5) batteries;

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

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

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

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

“(10) aerosol cans;

“(11) polychlorinated biphenyls;

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

“(13) asbestos;

“(14) mercury;

“(15) foam tent material;

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

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

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

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

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

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

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

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

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

“(A) designed to—

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

“(ii) be used without specialized training; and

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

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

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

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

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

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

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

(a) Energy efficiency targets for data centers.—

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

“§ 2921. Energy efficiency targets for data centers

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

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

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

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

“(D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and

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

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

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

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

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

“(A) power usage effectiveness standards;

“(B) water usage effectiveness standards; and

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

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

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

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

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

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

(b) Inventory of data facilities.—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) in the section heading—

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

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

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

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

“(b) Definitions.—In this section:

“(1) The term ‘covered item’ means—

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

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

“(C) food packaging materials;

“(D) furniture or floor waxes;

“(E) sunscreen;

“(F) umbrellas, luggage, or bags;

“(G) car wax and car window treatments;

“(H) cleaning products; and

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

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

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

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

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

(1) The date on which the Secretary submits to Committees on Armed Services of the House of Representatives and the Senate a certification that the Secretary is implementing the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 (15 U.S.C. 8961) and complying with section 330 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note).

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

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

(c) Report.—Not later than one year after the enactment of this Act, and annually thereafter for three years, the Secretary shall submit to the Administrator and the Committees on Armed Services of the Senate and House of Representatives a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including—

(1) the total amount of covered materials incinerated;

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

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

(4) details on actions taken by the Department of Defense to comply with section 330 of the National Defense Authorization Act for Fiscal Year 2020; and

(5) recommendations for the safe storage of PFAS and PFAS-containing materials until identified uncertainties are addressed and appropriate destruction and disposal technologies can be recommended.

(d) Scope.—The prohibition in subsection (a) and reporting requirements in subsection (c) shall apply not only to materials sent directly by the Department of Defense to an incinerator, but also to materials sent to another entity or entities, including any waste processing facility, subcontractor, or fuel blending facility.

(e) Definitions.—In this section:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) in the Federal Register.

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

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

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

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

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

(f) Definitions.—In this section:

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

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

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

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

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

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

SEC. 320. PFAS testing requirements.

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

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

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

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

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

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

(b) Definitions.—In this section:

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

(A) Perfluorononanoic acid (PFNA).

(B) Perfluorooctanoic acid (PFOA).

(D) Perfluorooctane sulfonic acid (PFOS).

(E) Perfluorohexane sulfonate (PFHxS).

(F) Perfluorobutane sulfonic acid (PFBS).

(G) GenX.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) incorporation into doctrine of the military departments;

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

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

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

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

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

(1) ensure a range of technology types;

(2) ensure regional diversity among projects; and

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

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

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

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

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

(3) INFRASTRUCTURE.—In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall—

(A) use existing test-bed infrastructure at—

(i) installations of the Department of Defense; and

(ii) facilities of the Department of Energy; and

(B) develop new infrastructure for identified projects, if appropriate.

(4) GOALS AND METRICS.—The Secretary of Defense and the Secretary of Energy shall develop goals and metrics for technological progress under the joint program consistent with energy resilience and energy security policies.

(5) SELECTION OF PROJECTS.—

(A) IN GENERAL.—To the maximum extent practicable, in selecting projects to participate in the joint program, the Secretary of Defense and the Secretary of Energy may—

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

(ii) ensure an appropriate balance of—

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

(II) smaller, lower-cost projects.

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

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

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

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

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

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

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

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

(b) Selection of facilities.—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) consists of synthesized hydrocarbon;

(2) meets the requirements of—

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

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

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

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

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

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

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

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

SEC. 328. Report on Air Force progress regarding contaminated real property.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the Air Force has contaminated property across the United States 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 Air Force should, in an expeditious manner, use the authority under section 344 of the National Defense Authorization Act 2020 (Public Law 116–92; 10 U.S.C. 2701 note) to acquire contaminated property and provide relocation assistance.

(b) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the progress of the Air Force in carrying out section 344 of the National Defense Authorization Act 2020 (Public Law 116–92; 10 U.S.C. 2701 note). Such report shall include—

(1) a detailed description of any real property contaminated by perfluorooctanoic acid and perfluorooctane sulfonate by the Air Force;

(2) a description of any progress made by the Air Force to acquire property or provide relocation assistance pursuant to such section 344; and

(3) if the Air Force has not acquired property or provided relocation assistance pursuant to such section, an explanation of why it has not.

SEC. 329. Energy, water, and waste net zero requirements for construction of new buildings.

(a) Requirements described.—For fiscal year 2022 and any subsequent fiscal year, the Secretary of Defense shall improve building efficiency, performance, and management by ensuring that the new construction of any Department of Defense building larger than 5,000 gross square feet that enters the planning process is designed to achieve energy net-zero and water or waste net-zero by fiscal year 2035.

(b) Waiver for national security.—The Secretary may waive the requirement of subsection (a) with respect to a building if the Secretary provides the Committees on Armed Services of the House of Representatives and Senate with a certification that the application of such requirement would be detrimental to national security.

(c) Status report and briefings on progress towards meeting current goal regarding use of renewable energy to meet facility energy needs.—Section 2911(g) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(4) The Secretary of Defense shall—

“(A) not later than 180 days after the date of the enactment of this paragraph, submit a report to the Committees on Armed Services of the House of Representatives and Senate on the progress the Secretary has made towards meeting the goal described in paragraph (1)(A) with respect to fiscal year 2025; and

“(B) during fiscal year 2022 and each succeeding fiscal year through fiscal year 2025, provide a briefing to the Committees on Armed Services of the House of Representatives and Senate on the progress the Secretary has made towards meeting the goal described in paragraph (1)(A) with respect to fiscal year 2025.”.

SEC. 330. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam.

(a) Review required.—Not later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of mutual support agreements entered into with non-Department of Defense entities (including State and local entities) that involve fire suppression activities in support of missions of the Department.

(b) Matters.—The review under subsection (a) shall assess, with respect to the agreements specified in such subsection, the following:

(1) The preventative maintenance guidelines specified in such agreements for fire trucks and fire suppression systems, to mitigate the risk of equipment failure that may result in a spill of aqueous film-forming foam (in this section referred to as “AFFF”).

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

(3) The methods by which the Secretary, or the non-Department entity with which the Secretary has entered into the agreement, ensures compliance with guidance specified in the agreement with respect to the use of such personal protective equipment.

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

(1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity carried out pursuant to such an agreement that may result in such a spill.

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

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

SEC. 331. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i.

(a) Findings.—Congress finds the following:

(1) The continued availability and use of the Red Hill Bulk Fuel Storage Facility in Honolulu, Hawai‘i is a matter of national security. Persistent fuel availability in quantity, location, and secured siting is a key component in ensuring resilient logistical support for sustained forward operations in the Indo-Pacific region and the execution of the National Defense Strategy, including the objectives of maintaining a free and open Indo-Pacific.

(2) The Red Hill Bulk Fuel Facility is constructed in basalt rock that overlays a key aquifer serving as one of the major ground water resources for the fresh water needs of the City of Honolulu, including key military installations and associated facilities. Past leaks from the tanks and other infrastructure of the Red Hill Bulk Fuel Storage Facility, while not resulting in any appreciable effect to the aquifer, raise significant questions whether the facility is being operated and maintained to the highest standard possible and whether the facility presents a material risk to the aquifer and to Honolulu water resources.

(3) Safety inspections of the Red Hill Bulk Fuel Storage Facility at 10-year intervals, as required by the American Petroleum Institute 570 standards, set the upper boundaries for inspections.

(b) Sense of Congress.—In order to fully effectuate national security, assure the maximum safe utilization of the Red Hill Bulk Fuel Storage Facility, and fully address concerns as to potential impacts of the facility on public health, it is the sense of Congress that the Secretary of the Navy and the Defense Logistics Agency should—

(1) operate and maintain the Red Hill Bulk Fuel Storage Facility to the highest standard possible; and

(2) require safety inspections to be conducted more frequently based on the corrosion rate of the piping and overall condition of the pipeline system and support equipment at the facility.

(1) INSPECTION REQUIRED.—The Secretary of the Navy shall direct the Naval Facilities Engineering Command to conduct an inspection of the pipeline system, supporting infrastructure, and appurtenances, including valves and any other corrosion prone equipment, at the Red Hill Bulk Fuel Storage Facility.

(2) INSPECTION AGENT; STANDARDS.—The inspection required by this subsection shall be performed—

(A) by an independent American Petroleum Institute certified inspector who will present findings of the inspection and options to the Secretary of the Navy for improving the integrity of the Red Hill Bulk Fuel Storage Facility and its appurtenances; and

(B) in accordance with the Unified Facilities Criteria (UFC-3-460-03) and American Petroleum Institute 570 inspection standards.

(3) EXCEPTION.—The inspection required by this subsection excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility.

(d) Life-cycle sustainment plan.—In conjunction with the inspection required by subsection (c), the Naval Facilities Engineering Command shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel Storage Facility, which shall consider the current condition and service life of the tanks, pipeline system, and support equipment.

(e) Submission of results and plan.—Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing—

(1) the results of the inspection conducted under subsection (c);

(2) the life-cycle sustainment plan prepared under subsection (d); and

(3) options on improving the security and maintenance of the Red Hill Bulk Fuel Storage Facility.

SEC. 332. Amendment to budgeting of Department of Defense relating to extreme weather.

Section 328(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 221 note) is amended—

(1) in paragraph (1), by striking “; and” and inserting a semicolon;

(2) in paragraph (2), by striking the period at the end and inserting “; and”; and

(3) by inserting after paragraph (2) the following:

“(3) a calculation of the annual costs to the Department for assistance provided to—

“(A) the Federal Emergency Management Agency or Federal land management agencies—

“(i) pursuant to requests for such assistance; and

“(ii) approved under the National Interagency Fire Center; and

“(B) any State, Territory, or possession under title 10 or title 32, United States Code, regarding extreme weather.”.

SEC. 333. Sense of Congress regarding electric or zero-emission vehicles for non-combat vehicle fleet.

It is the sense of Congress that any new non-tactical Federal vehicle purchased by the Department of Defense for use outside of combat should, to the greatest extent practicable, be an electric or zero-emission vehicle.

SEC. 334. Pilot program to test new software to track emissions at certain military installations.

(a) In general.—The Secretary of Defense may conduct a pilot program (to be known as the “Installations Emissions Tracking Program”) to evaluate the feasibility and effectiveness of software and emerging technologies and methodologies to track real-time emissions from installations and installation assets.

(b) Goals.—The goals of the Installations Emissions Tracking Program are—

(1) to prove software and emerging technologies, methodologies, and capabilities to effectively track emissions in real time; and

(2) to reduce energy costs and increase efficiencies.

(c) Locations.—If the Secretary conducts the Installations Emissions Tracking Program, the Secretary shall select, for purposes of the Program, four major military installations located in different geographical regions of the United States that the Secretary determines—

(1) are prone to producing higher emissions;

(2) are in regions that historically have poor air quality; and

(3) have historically higher than average utility costs.

SEC. 335. Department of Defense plan to meet science-based emissions targets.

(a) Plan required.—Not later than September 30, 2022, the Secretary of Defense shall submit to Congress a plan to reduce the greenhouse gas emissions of the Department of Defense, including Department of Defense functions that are performed by contractors, in line with science-based emissions targets.

(b) Updates.—The Secretary shall submit to Congress annual reports on the progress of the Department of Defense toward meeting the science-based emissions targets in the plan required by subsection (a).

(c) Science-based emissions target.—In this section, the term “science-based emissions target” means a reduction in greenhouse gas emissions consistent with preventing an increase in global average temperature of greater than or equal to 1.5 degrees Celsius compared to pre-industrial levels.

SEC. 336. Report on clean up of contaminated Army property.

(a) Findings.—Congress makes the following findings:

(1) There are numerous properties that were under the jurisdiction of the Department of the Army, such as former Nike missile sites, but that have been transferred to units of local government.

(2) Many of these properties may remain polluted because of activity by the Department of Defense.

(3) This pollution may inhibit the use of these properties for commercial or residential purposes.

(4) Knowledge and understanding of the impacts of contaminants from Department of Defense activities have developed and changed over time.

(5) The Department of Defense has an obligation to facilitate the clean-up of such pollutants even after the sites have been transferred to local governments.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that contains each of the following:

(1) A plan to facilitate the clean-up of each contaminated property that was under the jurisdiction of the Department of the Army and subsequently transferred to a unit of local government.

(2) An identification of any site where the Department of the Army has previously conducted clean-up activities but due to contaminants not discovered until after transfer or newly identified contaminants, additional clean-up may be necessary.

(3) An explanation of how any site identified under paragraph (2) is to be prioritized relative to other sites, such as active sites or sites set for transfer.

(4) A detailed plan to conduct preliminary assessments and site inspections for each site identified under paragraph (2) by not later than five years after the date of the submittal of the report.

SEC. 337. Grants for maintaining or improving military installation resilience.

Section 2391 of title 10, United States Code, is amended—

(1) in subsection (b)(5), by adding at the end the following new subparagraph:

“(D) (i) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds, in order to assist a State or local government in planning and implementing measures and projects that, as determined by the Secretary of Defense, will contribute to maintaining or improving military installation resilience. Amounts appropriated or otherwise made available for assistance under this subparagraph shall remain available until expended.

“(ii) In the case of funds provided under this subparagraph for projects involving the preservation, maintenance, or restoration of natural features for the purpose of maintaining or enhancing military installation resilience, such funds may be provided in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities required for the preservation, maintenance, or restoration of such natural features, and may be placed by the recipient in an interest-bearing or other investment account, and any interest or income shall be applied for the same purposes as the principal.”; and

(2) in subsection (e)(1), by striking “subsection (b)(1)(D)” inserting “paragraphs (1)(D) and (E) and (5)(D) of subsection (b) and subsection (d)”.

SEC. 338. Inclusion of information regarding climate change in reports on national technology and industrial base.

Section 2504(3)(B) of title 10, United States Code, is amended—

(1) by redesignating clauses (i) through (iii) as clauses (ii) through (iv), respectively; and

(2) by inserting before clause (ii), as so redesignated, the following new clause (i):

“(i) vulnerabilities related to the current and projected impacts of climate change and to cyberattacks or disruptions;”.

SEC. 339. Sense of Congress regarding report of the Intergovernmental Panel on Climate Change.

(a) Findings.—Congress makes the following findings:

(1) The Intergovernmental Panel on Climate Change has provided valuable scientific assessments on climate change since its creation in 1988.

(2) The first part of the Sixth Assessment Report, Climate Change 2021: The Physical Science Basis, was finalized on August 6, 2021.

(3) The report finds that the global average temperature is expected to reach or exceed 1.5 degrees celsius above pre-industrial levels within the coming decades without immediate and large-scale efforts to reduce greenhouse gas emissions.

(4) This increase in global temperature will affect all regions of the world, impacting weather patterns, sea levels, ocean temperatures, biodiversity, and more.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the Department of Defense should take the most recent report of the Intergovernmental Panel on Climate Change into consideration when carrying out resiliency efforts and making energy and transportation decisions for military bases and installations; and

(2) the Department of Defense should consider adding the recommendations of the Sixth Assessment Report to the Unified Facilities Criteria where appropriate.

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

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

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

(2) in subsection (b)—

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

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

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

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

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

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

(1) in subsection (c)—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) in paragraph (1)—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“(h) Definitions.—In this section:

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

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

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

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

SEC. 342. Global bulk fuel management and delivery.

(a) Designation of responsible combatant command.—

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

“§ 2927. Global bulk fuel management and delivery

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

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

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

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

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

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

(b) Global bulk fuel management strategy.—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) The solution reduces environmental exposures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Portsmouth Naval Shipyard, Maine.

(2) Pearl Harbor Naval Shipyard, Hawaii.

(3) Puget Sound Naval Shipyard, Washington.

(4) Norfolk Naval Shipyard, Virginia.

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

(a) Two-year pilot authorized.—

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

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

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

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

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

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

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

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

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

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

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

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

(d) Definitions.—In this section:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) Annual certification.—

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

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

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

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

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

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

SEC. 348. Report on maintenance and repair of aircraft turbine engine rotors.

(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the inventory, maintenance, and repair of aircraft turbine engine rotors by the Department of Defense. Such report shall include information (disaggregated by aircraft type and military department) as follows:

(1) A total inventory of all replacement aircraft turbine engine rotors produced or procured by Department.

(2) The total production and procurement costs in fiscal year 2021 for such replacement rotors.

(3) The projected production and procurement costs for such replacement rotors for fiscal years 2022, 2023, and 2024.

(4) Any funds invested by the Department to modernize the maintenance and repair of aircraft turbine engine rotors, and to lower associated costs.

(b) Form.—The report under subsection (a) shall be submitted in unclassified form, but may have a classified annex.

SEC. 349. Briefing on Air Force plan for certain aerospace ground equipment modernization.

Not later than March 1, 2022, the Secretary of the Air Force shall provide a briefing to the Committee on Armed Services of the House of Representatives on current and future plans for the replacement of aging aerospace ground equipment, which shall include—

(1) an analysis of the average yearly cost to the Air Force of maintaining legacy and out-of-production A/M32A-60 and A/M32C-10 air start carts;

(2) a comparison of the cost of reconditioning these existing legacy systems compared to the cost of replacing them with next-generation air start carts;

(3) an analysis of the long-term maintenance and fuel savings that would be realized by the Air Force if the legacy systems were upgraded to next-generation air start carts;

(4) an analysis of the tactical and logistical benefits of transitioning from multi-component aerospace ground equipment systems to modern all-in-one systems; and

(5) an overview of existing and future plans to replace legacy air start carts with modern aerospace ground equipment technology.

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

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

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

SEC. 352. Establishment of Joint Safety Council.

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

“§ 184. Joint Safety Council

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

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

“(A) The Vice Chief of Staff of the Army.

“(B) The Vice Chief of Staff of the Air Force.

“(C) The Vice Chief of Naval Operations.

“(D) The Assistant Commandant of the Marine Corps.

“(E) The Vice Chief of Space Operations.

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

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

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

“(2) The Council shall include the following non-voting members:

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

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

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

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

“(3) (A) Members of the Council serve at the will of the official who appointed them.

“(B) Vacancies on the Council shall be filled in the same manner as the original appointment.

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

“(c) Chair and vice chair.— (1) The Secretary of Defense, or the Secretary’s designee, shall select one of the members of the Council who is a member of the armed forces to serve as Chair of the Council. Unless earlier removed, the Chair shall serve for a term of two years. The Chair shall serve as the Director of Operational and Training Safety for the Department of Defense.

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

“(d) Staff.— (1) The Council may appoint staff in accordance with section 3101 of title 5.

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

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

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

“(g) Data collection.— (1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes.

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

“(h) Meetings.—The Council shall meet quarterly and at the call of the Chair.

“(i) Duties.—The Council shall carry out the following responsibilities:

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

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

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

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

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

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

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

“(8) Reviewing the safety management system of each military department and the implementation of such systems.

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

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

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

“(j) Review.—The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense.

“(k) Report.—The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item:

“184. Joint Safety Council.”.

SEC. 353. Mishap Investigation Review Board.

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

(1) the size and composition of the Board;

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

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

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

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

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

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

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

SEC. 354. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents.

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

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

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

(b) Deadline for implementation.—

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

(2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.—

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

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

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

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

(1) the Secretary of the Army, with respect to the Army; and

(2) the Secretary of the Navy, with respect to the Navy.

SEC. 355. Pilot program for tactical vehicle safety data collection.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall jointly carry out a pilot program to evaluate the feasibility of using data recorders to monitor, assess, and improve the readiness and safety of the operation of military tactical vehicles.

(b) Purposes.—The purposes of the pilot program are—

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

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

(3) to identify near-miss accidents;

(4) to create a standardized record source for accident investigations;

(5) to assess individual driver proficiency, risk, and readiness;

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

(7) to evaluate the feasibility of incorporating metrics generated from data recorders into the safety reporting systems and to the Defense Readiness Reporting System as a measure of assessing safety risks, mitigations, and readiness;

(8) to determine the costs and benefits of retrofitting data recorders on legacy platforms and including data recorders as a requirement in acquisition of military tactical vehicles; and

(9) any other matters as determined by the Secretary concerned.

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

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

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

(4) install and maintain a data recorder on a sufficient number of each of the covered military tactical vehicles under subsection (f) at selected installations for statistically significant results;

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

(6) regularly generate for each installation under the pilot program a dataset that is viewable in widely available mapping software of hazards and potential hazards based on telemetry data and event data captured by the data recorders;

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

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

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

(10) evaluate the feasibility of integrating data sets and statistics to improve driver certification and licensing based on data recorded and generated by the data recorders;

(11) use open architecture to the maximum extent practicable; and

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

(d) Implementation plan.—Not later than 180 days after the date of the enactment of this Act, the Secretaries shall develop a plan for implementing the pilot program required under this section.

(e) Locations.—Each Secretary concerned shall carry out the pilot program at not fewer than one military installation in the United States that meets the following conditions:

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

(2) Represents at a minimum one of the five training ranges identified in the study by the Comptroller General of the United States titled “Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents” that did not track unit location during the training events.

(f) Covered military tactical vehicles.—The pilot program shall cover the following military tactical vehicles:

(1) Army Strykers.

(2) Marine Corps Light Armored Vehicles.

(3) Army Medium Tactical Vehicles.

(4) Marine Corps Medium Tactical Vehicle Replacements.

(g) Metrics.—The Secretaries shall develop metrics to evaluate the pilot program’s effectiveness in monitoring, assessing, and improving vehicle safety, driver readiness, and mitigation of risk.

(h) Reports.—

(1) INITIAL.—Not later than 180 days after the date of the enactment of this Act under this section, the Secretaries shall jointly submit to the congressional defense committees a report on the pilot program, addressing the plan for implementing the requirements in subsection (c), including the established metrics under subsection (g).

(2) INTERIM.—Not later than three years after the commencement of the pilot program, the Secretaries shall jointly submit to the congressional defense committees a report on the status of the pilot program, including the preliminary results in carrying out the pilot program, the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service, and the implementation plan under subsection (d).

(3) FINAL.—Not later than 90 days after the termination of the pilot program, the Secretaries shall jointly submit to the congressional defense committees a report on the results of the program. The report shall—

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

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

(C) include the views of range personnel, unit commanders, and members of the Armed Forces involved in the pilot program on the level of effectiveness of the technology selected;

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

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

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

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

(i) Termination.—The authority to carry out the pilot program under subsection (a) shall terminate five years after the date of the enactment of this Act.

(j) Definitions.—In this section:

(1) The term “accident” means a collision, rollover, or other mishap involving a motor vehicle.

(2) The term “data recorder ” means technologies installed in a motor vehicle to record driver identification, telemetry data, and event data related to the operation of such motor vehicle.

(3) The term “driver identification” means data enabling the unique identification of the driver operating the motor vehicle.

(4) The term “event data” includes data related to—

(A) the start and conclusion of each vehicle operation;

(B) a vehicle accident;

(D) a vehicle orientation with an increased potential for an accident.

(5) The term “Secretary concerned” means—

(A) the Secretary of the Army with respect to matters concerning the Army; and

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

(6) The term “telemetry data” includes—

(A) time;

(B) vehicle distance traveled;

(D) vehicle orientation, including roll, pitch, and yaw; and

(E) vehicle location in a geographic coordinate system, including elevation.

SEC. 356. Implementation of Comptroller General recommendations relating to mitigation and prevention of training accidents.

(a) Requirements.—The Secretary of the Defense shall take such steps as may be necessary to carry out the following with respect to the Army, Navy, Marine Corps, and Air Force:

(1) To develop more clearly defined roles for vehicle commanders and establish mechanisms and procedures for tactical vehicle risk management to be used by first-line supervisors, including vehicle commanders.

(2) To evaluate the number of personnel within operational units who are responsible for tactical vehicle safety and determine if these units are appropriately staffed, or if any adjustments are needed to workloads or resource levels to implement operational unit ground-safety programs.

(3) To ensure that tactical vehicle driver training programs, including licensing, unit, and follow-on training programs, have a well-defined process with specific performance criteria and measurable standards to identify driver skills and experience under diverse conditions.

(4) To evaluate—

(A) the extent to which ranges and training areas are fulfilling responsibilities to identify and communicate hazards to units; and

(B) to the extent to which such responsibilities are not being carried out, whether existing solutions are adequate or if additional resources should be applied to fulfill such responsibilities.

(b) Consultation requirement.—The Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the Commandant of the Marine Corps shall jointly establish a formal collaboration forum among Army, Navy, Air Force, and Marine Corps range officials through which such officials shall share methods for identifying and communicating hazards to units.

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

(a) In general.—Section 482(b) of title 10, United States Code, is amended—

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

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

“(11) Information regarding—

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

“(B) whether such function is within the scope of the skills required for the military occupational specialty of such member of the armed forces.”.

SEC. 362. Annual report on missing, lost, and stolen weapons, large amounts of ammunition, destructive devices, and explosive material.

(a) In general.—Section 2722 of title 10, United States Code, is amended—

(1) in the section heading, by striking “report to Secretary of the Treasury” and inserting “reporting requirements”;

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

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

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

“(c) Annual report.—Not later than December 31 each year, the Secretary shall submit to the congressional defense committees a report that includes, for the preceding year—

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

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

“(3) such other information the Secretary determines appropriate.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 161 of such title is amended by striking the item relating to section 2722 and inserting the following new item:

“2722. Theft or loss of ammunition, destructive devices, and explosives: reporting requirements.”.

SEC. 363. Annual report on material readiness of Navy ships.

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

(1) in paragraph (1)—

(A) by striking “submit to the” and inserting “provide to the”;

(B) by inserting “a briefing and submit to such committees” after “congressional defense committees”; and

(2) in paragraph (2)—

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

(B) by adding at the end the following new subparagraphs:

“(A) a classified form that shall be available only to the congressional defense committees; and

“(B) an unclassified form that is releasable to the public without further redaction”; and

(3) by striking paragraph (3).

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

(a) Five-year strategy.—

(1) STRATEGY REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall submit to the congressional defense committees a five-year strategy to support the efforts of the Secretaries concerned to identify individuals who have proficiency in a critical language and to recruit and retain such individuals in the special operations forces of Armed Forces.

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

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

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

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

(D) A description of any training programs used to enhance or maintain foreign language proficiency within the special operations forces, including any non-governmental programs used.

(E) An annual plan (for each of the five years covered by the strategy) to enhance and maintain foreign language proficiency within the special operations forces of each Armed Force.

(F) An annual plan (for each of the five years covered by the strategy) to retain members of the special operation forces of each Armed Force who have proficiency in a foreign language.

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

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

(b) Annual report.—

(1) REPORTS REQUIRED.—Not later than December 31, 2022, and annually thereafter until December 31, 2027, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall submit to the congressional defense committees a report on the recruitment, training, and retention of members of the special operations forces who have proficiency in a critical language.

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

(A) The number of candidates with demonstrated proficiency in a critical language who have been selected for participation in the initial assessment and qualification programs of the special operations forces, disaggregated by Armed Force of which the special operations force is a component.

(B) A description of any variance between the number specified in subparagraph (A) and the recruitment target specified in the strategy under subsection (a)(2)(B) for the corresponding year, including a justification for any such variance.

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

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

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

(D) As compared to the total number of members of the special operations force of each Armed Force who are assigned to a unit with the primary mission of advising foreign militaries—

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

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

(E) As compared to the required baseline specified in the strategy under subsection (a)(2)(A), the percentage of members of the special operations force who have proficiency in a critical language, disaggregated by Armed Force and by critical language.

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

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

(2) The term “proficiency” means proficiency in a language, as assessed by the Defense Language Proficiency Test.

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

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

SEC. 365. Report and briefing on approach for certain properties affected by noise from military flight operations.

(a) Briefing.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the use and applicability of the Air Installations Compatible Use Zones program to support noise mitigation and insulation efforts for fixed wing aircraft, including any such efforts funded under grants from the Office of Local Defense Community Cooperation.

(b) Matters.—The briefing under subsection (a) shall include a discussion of the following:

(1) Changes to current practices regarding Air Installations Compatible Use Zones that are necessary to support noise mitigation and insulation efforts relating to existing covered facilities.

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

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

(4) Expected timelines for each military department to develop and update all Air Installations Compatible Use Zones studies to reflect current and reasonably foreseeable fixed wing activity.

(5) An approximate number of covered facilities anticipated to be within the 65 dB day–night average sound level for installations with existing Air Installations Compatible Use Zones studies, including such facilities specifically located in crash zones or accident potential zones.

(6) An assessment of the viability of making eligibility to receive funding for noise mitigation and insulation efforts contingent on the completion of certain measures to ensure compatibility of civilian land use activity with Air Installations Compatible Use Zones conclusions.

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

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

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

(c) Report.—Not later than one year after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the final outcome of the update process with respect to Air Installations Compatible Use Zones program. Such report shall include further details and analysis with respect to each matter specified in subsection (b).

(d) Definitions.—In this section:

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

(2) The term “covered facility” means any—

(A) private residence;

(B) hospital;

(D) school; or

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

SEC. 366. Study on use of military resources to transport certain individuals and effect on military readiness.

(a) Study.—The Secretary of Defense shall—

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

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

(b) Covered individual defined.—In this section, the term “covered individual” means an individual who has crossed the southern border of the United States without authorization.

SEC. 367. Report and briefing on Project Pele mobile nuclear microreactors.

(a) Briefing.—Not later than 180 days after the date of enactment of this Act, the Director of the Strategic Capabilities Office of the Department of Defense, in coordination with the Secretary of Energy, shall provide to the congressional defense committees a briefing on the development, and current and predicted progress, of the “Project Pele” effort to design, build, and demonstrate a prototype mobile nuclear microreactor.

(b) Matters.—The briefing under section (a) shall include a discussion of the following:

(1) Changes to previous deployment rationales or strategies.

(2) Proposed deployment locations for mobile nuclear microreactors, both domestically and abroad.

(3) The safety and regulatory requirements of the proposed mobile nuclear microreactors, both domestically and abroad.

(4) The need for mobile nuclear microreactors to meet the energy needs of expeditionary and defensive requirements of the Department of Defense, including with respect to electric combat vehicles, and the ability of mobile nuclear microreactors to adequately meet such needs.

(5) The safety concerns and precautions relating to the transfer of mobile nuclear microreactors.

(6) The safety concerns and precautions relating to the demonstration of the deployment of mobile nuclear microreactors, including by air, before and after the irradiation of nuclear fuel.

(7) Opportunities to consult with local communities potentially affected by the deployment, or the demonstration of the deployment, of mobile nuclear microreactors.

(8) Security concerns related to potential adversarial attacks on deployed mobile nuclear microreactors or adversarial seizing of mobile nuclear microreactors, and the radioactive fuel therein, for use in radiological weapons.

(c) Report.—Not later than one year after the date of enactment of this Act, the Director shall submit to the congressional defense committees a report on the current progress of the “Project Pele” effort described in subsection (a) that addresses each of the matters under subsection (b).

SEC. 371. Budget justification for operation and maintenance.

(a) Subactivity group by future years.—Section 233 of title 10, United States Code, is amended—

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

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

“(c) Subactivity groups.—The Secretary of Defense, in consultation with the Secretary of each of the military departments, shall include in the materials submitted to Congress by the Secretary of Defense in support of the President’s budget, in an unclassified format, the total amount projected for each individual subactivity group, as detailed in the future years defense program pursuant to section 221 of this title.”.

(b) Budget submission display.—Section 233 of title 10, United States Code, is further amended by inserting after subsection (c), as added by subsection (a), the following new subsection:

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

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

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

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

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

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

(c) Implementation deadline.—The Secretary of Defense shall ensure that the budget display requirements required under the amendments made by this section are included in the budget request for fiscal year 2023 and all fiscal years thereafter.

(d) Conforming Repeal.—Section 357 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 221 note) is repealed.

SEC. 372. Improvements and clarifications related to military working dogs.

(a) Prohibition on charge for transfer of military animals.—Subsection (d) of section 2583 of title 10, United States Code, is amended by striking “may” and inserting “shall”.

(b) Inclusion of military working dogs in certain research and plans.—

(1) RESEARCH UNDER JOINT TRAUMA EDUCATION AND TRAINING DIRECTORATE.—Subsection (b) of section 708 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is amended—

(A) in paragraph (7), by striking “of members of the Armed Forces” and inserting “with respect to both members of the Armed Forces and military working dogs”; and

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

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

(2) VETERINARIANS IN PERSONNEL MANAGEMENT PLAN.—Subsection (d)(1) of such section is amended—

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

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

“(F) Veterinary services.”.

SEC. 373. Management of fatigue among crew of naval surface ships and related improvements.

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

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

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

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

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

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

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

SEC. 374. Authority to establish Center of Excellence for radar systems and complementary workforce and education programs.

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

(b) Functions.—If the Secretary establishes the Center authorized under subsection (a), such Center shall be designed to further the expertise of the Department of Defense in the repair, sustainment, and support of radar systems, as identified by the Joint Radar Industrial Base Working Group and the Radar Supplier Resiliency Plan, by conducting the following activities, as appropriate:

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

(2) Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of the necessity of radar systems in the growing development and reliance on automated and complex defense systems, including continuing education and training.

(3) Establishing at any institution of higher education with which the Secretary enters into an agreement under subsection (c) such activities as are necessary to develop and meet the requirements of the Department.

(4) Increasing communications with radar systems subject-matter experts in industry to learn and support state-of-the-art operational practices, especially studied future needs of the Department related to autonomous systems.

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

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

(d) Location.—If the Secretary establishes the Center authorized under subsection (a), in determining the location of the Center, the Secretary shall take into account the proximity to existing radar system facilities capable of efficiently facilitating partnership between the Department, industry, and an academic institution.

(e) Coordination.—Nothing in this section shall preclude the coordination or collaboration between any Center established under this section and any other established center of excellence.

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

SEC. 375. Pilot program on military working dog and explosives detection canine health and excellence.

(a) Pilot program.—Not later than September 31, 2022, the Secretary of Defense shall carry out a pilot program to ensure the health and excellence of explosives detection military working dogs. Under such pilot program, the Secretary shall consult with domestic breeders of working dog lines, covered institutions of higher education, and covered national domestic canine associations, to—

(1) facilitate the presentation of domestically-bred explosives detection military working dogs for assessment for procurement by the Department of Defense, at a rate of at least 100 canines presented per fiscal year;

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

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

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

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

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

(b) Consultations.—In carrying out the pilot program under subsection (a), the Secretary may consult with the working group established pursuant to section 1927 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 6 U.S.C. 1116 note).

(d) Definitions.—In this section:

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

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

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

(e) Authorization of appropriations.—There is authorized to be appropriated $10,000,000 to carry out this section.

SEC. 376. Department of Defense response to military lazing incidents.

(a) Investigation into lazing of military aircraft.—

(1) INVESTIGATION REQUIRED.—The Secretary of Defense shall conduct a formal investigation into incidents of military aircraft being lazed by the general population in Hawaii. The Secretary shall carry out such investigation in coordination and collaboration with appropriate non-Department of Defense entities.

(2) REPORT TO CONGRESS.—Not later than March 31, 2022, the Secretary shall submit to the congressional defense committees a report on the findings of the investigation conducted pursuant to paragraph (1).

(b) Information sharing.— The Secretary shall seek to increase information sharing between the Department of Defense and the States with respect to incidents of lazing of military aircraft, including by entering into memoranda of understanding with State law enforcement agencies on information sharing in connection with such incidents to provide for procedures for closer cooperation with local law enforcement in responding to such incidents as soon as they are reported.

(c) Data collection and tracking.—The Secretary shall collect such data as may be necessary to track the correlation between noise complaints and incidents of military aircraft lazing.

(d) Operating procedures.—The Secretary shall give consideration to adapting local operating procedures in areas with high incidence of military aircraft lazing incidents to reduce potential injury to aircrew.

(e) Eye protection.—The Secretary shall examine the availability of commercial off-the-shelf laser eye protection equipment that protects against the most commonly available green light lasers that are available to the public. If the Secretary determines that no such laser eye protection equipment is available, the Secretary shall conduct research and develop such equipment.

SEC. 377. Explosive ordnance disposal defense program.

Section 2284(b) of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (A), by striking “and” after the semicolon;

(B) in subparagraph (B), by striking “the Department of Defense” and all that follows and inserting “the Program;”;

“(C) direct the executive agent to designate a joint program executive officer for the Program; and

“(D) assign the Director of the Defense Threat Reduction Agency to manage the Defense-wide program element funding for the Program.”.

(2) by striking paragraph (4);

(3) by redesignating paragraph (5) as paragraph (4);

(4) in paragraph (4), as so redesignated, by striking the period at the end and inserting a semicolon; and

(5) by adding at the end the following new paragraphs:

“(5) the Secretary of the Navy shall designate a Navy explosive ordnance disposal-qualified admiral officer to serve as the co-chair of the Program; and

“(6) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall designate the Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism as the co-chair of the Program.”.

SEC. 378. Pilot program on use of working dogs to detect early stages of diseases.

(a) Pilot program.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall commence a pilot program to determine the effectiveness of using scent detection working dogs to detect the early stages of diseases (including the coronavirus disease 2019 (COVID–19)) and upon detection, to alert the handler of the dog. In carrying out such program, the Secretary shall consider—

(1) potential uses for such dogs in screening individuals seeking to access facilities under the jurisdiction of the Department of Defense or seeking to access locations frequently used by the public and relevant to public safety; and

(2) any other potential uses for such dogs relating to the detection of early stages of diseases, including uses relating to the management and provision of personal protective equipment and medical testing kits to Department of Defense personnel.

(b) Regulations.—The Secretary shall prescribe regulations concerning the scope and limitations of the pilot program under subsection (a). Such regulations shall include requirements to ensure that the pilot program is scientifically rigorous.

(c) Duration.—The Secretary shall carry out the pilot program under subsection (a) for a period of not more than four years.

(d) Report.—Not later than 180 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the outcomes of such pilot program.

SEC. 379. Study on disease prevention for military working dogs.

Not later than 180 days after the date of the enactment of this Act, the head of the Army Veterinary Services shall submit to Congress a report containing the findings of an updated study on the potential introduction of foreign animal diseases and current prevention protocol and strategies to protect the health of military working dogs.

SEC. 401. End strengths for active forces.

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

(1) The Army, 485,000.

(2) The Navy, 346,200.

(3) The Marine Corps, 178,500.

(4) The Air Force, 328,300.

(5) The Space Force, 8,400.

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

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

“(1) For the Army, 485,000.

“(2) For the Navy, 346,200.

“(3) For the Marine Corps, 178,500.

“(4) For the Air Force, 328,300.

“(5) For the Space Force, 8,400.”.

SEC. 411. End strengths for Selected Reserve.

(a) In general.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows:

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

(2) The Army Reserve, 189,500.

(3) The Navy Reserve, 58,600.

(4) The Marine Corps Reserve, 36,800.

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

(6) The Air Force Reserve, 70,300.

(7) The Coast Guard Reserve, 7,000.

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

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

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

(c) End strength increases.—Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

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

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2022, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 30,845.

(2) The Army Reserve, 16,511.

(3) The Navy Reserve, 10,293.

(4) The Marine Corps Reserve, 2,386.

(5) The Air National Guard of the United States, 26,661.

(6) The Air Force Reserve, 6,003.

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

The minimum number of military technicians (dual status) as of the last day of fiscal year 2022 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army National Guard of the United States, 22,294.

(2) For the Army Reserve, 6,492.

(3) For the Air National Guard of the United States, 9,885.

(4) For the Air Force Reserve, 7,111.

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

During fiscal year 2022, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1) The Army National Guard of the United States, 17,000.

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

(5) The Air National Guard of the United States, 16,000.

(6) The Air Force Reserve, 14,000.

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

Section 115(b)(2)(B) of title 10, United States Code, is amended by striking “1095 days in the previous 1460 days” and inserting “1825 days in the previous 2190 days”.

SEC. 421. Military personnel.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

(b) Construction of authorization.—The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2022.

SEC. 501. Grade of certain chiefs of reserve components.

(a) In general.—

(1) CHIEF OF ARMY RESERVE.—Section 7038(b)(1) of title 10, United States Code, is amended by striking “general officers of the Army Reserve” and inserting “officers of the Army Reserve in the grade of lieutenant general and”.

(2) CHIEF OF NAVY RESERVE.—Section 8083(b)(1) of such title is amended by striking “flag officers of the Navy (as defined in section 8001(1))” and inserting “officers of the Navy Reserve in the grade of vice admiral and”.

(3) COMMANDER, MARINE FORCES RESERVE.—Section 8084(b)(1) of such title is amended by striking “general officers of the Marine Corps (as defined in section 8001(2))” and inserting “officers of the Marine Corps Reserve in the grade of lieutenant general and”.

(4) CHIEF OF AIR FORCE RESERVE.—Section 9038(b)(1) of such title is amended by striking “general officers of the Air Force Reserve” and inserting “officers of the Air Force Reserve in the grade of lieutenant general and”.

(b) Effective date.—The amendments made under subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and shall apply to appointments made after such date.

SEC. 502. Grade of Vice Chief of the National Guard Bureau.

Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c) Grade.— (1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general.

“(2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526 of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.”.

SEC. 503. Prohibition on private funding for interstate deployment of National Guard.

(a) Prohibition.—Chapter 3 of title 32, United States Code, is amended by adding at the end the following new section:

“§ 329. Prohibition on private funding for interstate deployment

“A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title, title 10, or State active duty) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).”.

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

“329. Prohibition on private funding for interstate deployment. ”.

SEC. 504. Requirement of consent of the chief executive officer for certain full-time National Guard duty performed in a State, Territory, or the District of Columbia.

Section 502(f)(2)(A) of title 32, United States Code, is amended to read as follows:

“(A) Support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense, with the consent of—

“(i) the chief executive officer of each State (as that term is defined in section 901 of this title) in which such operations or missions shall take place; and

“(ii) if such operations or missions shall take place in the District of Columbia, the Mayor of the District of Columbia.”.

SEC. 505. National Guard support to major disasters; report on methods to enhance domestic response to large scale, complex and catastrophic disasters.

(a) In general.—Section 502(f) of title 32, United States Code, is amended—

(1) in paragraph (2), by adding at the end the following:

“(C) Operations or missions authorized by the President or the Secretary of Defense to support large scale, complex, catastrophic disasters, as defined by section 311(3) of title 6, United States Code, at the request of a State governor.”; and

(2) by adding at the end the following:

“(4) With respect to operations or missions described under paragraph (2)(C), there is authorized to be appropriated to the Secretary of Defense such sums as may be necessary to carry out such operations and missions, but only if—

“(A) an emergency has been declared by the governor of the applicable State; and

“(B) the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.”.

(b) Report on methods to enhance domestic response to large scale, complex and catastrophic disasters.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, shall submit to the congressional defense, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on their plan to establish policy and processes to implement the authority provided by the amendments made by section 520. The report shall include a detailed examination of the policy framework consistent with existing authorities, identify major statutory or policy impediments to implementation, and make recommendations for legislation as appropriate.

(2) CONTENTS.—The report submitted under paragraph (1) shall include a description of—

(A) the current policy and processes whereby governors can request activation of the National Guard under title 32, United States Code, as part of the response to large scale, complex, catastrophic disasters that are supported by the Federal Government and, if no formal process exists in policy, the Secretary of Defense shall provide a timeline and plan to establish such a policy, including consultation with the Council of Governors and the National Governors Association;

(B) the Secretary of Defense’s assessment, informed by consultation with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, regarding the sufficiency of current authorities for the reimbursement of National Guard and Reserve manpower during large scale, complex, catastrophic disasters under title 10 and title 32, United States Code, and specifically whether reimbursement authorities are sufficient to ensure that military training and readiness are not degraded to fund disaster response, or invoking them degrades the effectiveness of the Disaster Relief Fund;

(C) the Department of Defense’s plan to ensure there is parallel and consistent policy in the application of the authorities granted under section 12304a of title 10, United States Code, and section 502(f) of title 32, United States Code, including—

(i) a description of the disparities between benefits and protections under Federal law versus State active duty;

(ii) recommended solutions to achieve parity at the Federal level; and

(iii) recommended changes at the State level, if appropriate;

(D) the Department of Defense’s plan to ensure there is parity of benefits and protections for military members employed as part of the response to large scale, complex, catastrophic disasters under title 32 or title 10, United States Code, and recommendations for addressing shortfalls; and

(E) a review, by the Federal Emergency Management Agency, of the current policy for, and an assessment of the sufficiency of, reimbursement authority for the use of all National Guard and Reserve, both to the Department of Defense and to the States, during large scale, complex, catastrophic disasters, including any policy and legal limitations, and cost assessment impact on Federal funding.

SEC. 506. Continued National Guard support for FireGuard program.

The Secretary of Defense shall continue to support the FireGuard program with National Guard personnel to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires until September 30, 2026. After such date, the Secretary may not reduce such support, or transfer responsibility for such support to an interagency partner, until 30 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives written notice of such proposed change, and reasons for such change.

SEC. 507. Study on reapportionment of National Guard force structure based on domestic responses.

(a) Study.—The Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Adjutants General, shall conduct a study to determine whether to reapportion the force structure of the National Guard based on wartime and domestic response requirements. The study under shall include the following elements:

(1) An assessment how domestic response missions affect recruitment and retention of qualified personnel, especially in States—

(A) with the lowest ratios of National Guard members to the general population; and

(B) that are most prone to natural disasters.

(2) An assessment how domestic response missions affect the ability of the National Guard of a State to ability to staff, equip, and ready a unit for its Federal missions.

(3) An comparison of the costs of a response to a domestic incident in a State with—

(A) units of the National Guard of such State; and

(B) units of the National Guards of other States pursuant to an emergency management assistance compact.

(4) Based on the recommendations in the 2021 report of the National Guard Bureau titled “Impact of U.S. Population Trends on National Guard Force Structure”, an assessment of—

(A) challenges to recruiting members of the National Guard and allocating mission sets to other geographic regions; and

(B) the ability to track and respond to domestic migration trends in order to establish a baseline for force structure requirements.

(5) In light of the limited authority of the President under section 104(c) of title 32, United States Code, an assessment of whether the number of members of the National Guard is sufficient to reapportion force structure to meet the requirements of domestic responses and shifting populations.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under subsection (a).

(c) State defined.—In this section, the term “State” includes the various States and Territories, the Commonwealth of Puerto Rico, and the District of Columbia.

SEC. 508. Report on feasibility and advisability of including cybersecurity operations and missions to protect critical infrastructure by members of the National Guard in connection with training or other duty.

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the feasibility and advisability of including in the duty described in section 502(f)(1) of title 32, United States Code, training or other duty relating to cybersecurity operations or missions undertaken by the member's unit at the request of the Governor of the State concerned to protect critical infrastructure (as that term is defined in the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c)).

SEC. 509. Access to Tour of Duty system.

(a) Access.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall ensure, subject to paragraph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device.

(2) EXCEPTION.—The Secretary of the Army may restrict access to the Tour of Duty system on personal internet-enabled devices if the Secretary determines such restriction is necessary to ensure the security and integrity of information systems and data of the United States.

(b) Tour of Duty system defined.—In this Act, the term “Tour of Duty system” means the online system of listings for opportunities to serve on active duty for members of the reserve components of the Army and through which such a member may apply for such an opportunity, known as “Tour of Duty”, or any successor to such system.

SEC. 509A. Enhancement of National Guard Youth Challenge Program.

(a) Authority.—During fiscal year 2022, the Secretary of Defense may provide assistance to a National Guard Youth Challenge Program of a State—

(1) in addition to assistance under subsection (d) of section 509 of title 32, United States Code;

(2) that is not subject to the matching requirement under such subsection; and

(3) for the following purposes:

(A) New program start-up costs.

(B) Special projects.

(D) Emergency costs.

(b) Limitations.—

(1) MATCHING.—The Secretary may not provide additional assistance under this section to a State that does not comply with the matching requirement under such subsection regarding assistance under such subsection.

(2) TOTAL ASSISTANCE.—Total assistance under this section to all States may not exceed 10 percent of the funds appropriated for the National Guard Youth Challenge Program for fiscal year 2022.

(c) Reporting.—Any assistance provided under this section shall be included in the annual report under subsection (k) of such section.

SEC. 511. Prohibition on commissioning or enlistment in the Armed Forces of an individual convicted of a felony hate crime.

(a) Prohibition.—Section 657 of title 10, United States Code, is amended—

(1) in the heading, by striking “sexual”; and

(2) in subsection (b), by adding at the end the following new paragraphs:

“(5) An offense under section 249 of title 18.

“(6) An offense under State or local law—

“(A) described in section 245(a)(1) of title 18; or

“(B) the elements of which are substantially similar to those of an offense under section 247 or 249 of title 18.”.

(b) Conforming amendment.—The table of sections at the beginning of chapter 37 of such title is amended by striking the item relating to section 657 and inserting the following:

“657. Prohibition on service in the armed forces by individuals convicted of certain offenses.”.

SEC. 512. Reduction in service commitment required for participation in career intermission program of a military department.

Section 710(c)(3) of title 10, United States Code, is amended by striking “two months” and inserting “one month”.

SEC. 513. Modernization of the Selective Service System.

(a) Reference.—Except as expressly provided otherwise, any reference in this section to a section or other provision shall be deemed to be a reference to that section or other provision of the Military Selective Service Act (50 U.S.C. 3801 et seq.).

(b) Purpose of selective service.—Section 1(b) (50 U.S.C. 3801(b)) is amended—

(1) by striking “armed strength” and inserting “military strength”;

(2) by striking “insure” and inserting “ensure”; and

(3) by inserting before the period at the end the following: “by ensuring adequate personnel with the requisite capabilities to meet the mobilization needs of the Department of Defense during a national emergency and not solely to provide combat replacements”.

“(c) Regulations prescribed pursuant to subsection (a) shall include methods to convey to every person required to register the solemn obligation for military service in the event of a military draft.”.

(d) Expanded registration to all Americans.—

(1) Section 3(a) (50 U.S.C. 3802(a)) is amended—

(A) by striking “male citizen” and inserting “citizen”;

(B) by striking “male person” and inserting “person”;

(D) by striking “so long as he” and inserting “so long as such alien”.

(2) Section 4(e) (50 U.S.C. 3803(e)) is amended by striking “enlisted men” and inserting “enlisted persons”.

(3) Section 5 (50 U.S.C. 3805) is amended—

(A) in subsection (a)(1)—

(i) by striking “race or color” and inserting “race, color, sex, or gender”; and

(ii) by striking “call for men” and inserting “call for persons”; and

(B) in subsection (b), by striking “men” each place it appears and inserting “persons”.

(4) Section 6 (50 U.S.C. 3806) is amended—

(A) in subsection (a)(1)—

(i) by striking “enlisted men” and inserting “enlisted persons”; and

(ii) by striking “accrue to him” and inserting “accrue to such alien”; and

(B) in subsection (h)—

(i) by striking “(other than wives alone, except in cases of extreme hardship)”; and

(ii) by striking “wives and children” and inserting “spouses and children”.

(5) Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is amended—

(A) by striking “the President is requested” and all that follows through “within its jurisdiction” and inserting “the President is requested to appoint the membership of each local board so that each board has both male and female members and, to the maximum extent practicable, it is proportionately representative of the race, national origin, and sex of those registrants within its jurisdiction”; and

(B) by striking “race or national origin” and inserting “race, sex, or national origin”.

(6) Section 16(a) (50 U.S.C. 3814(a)) is amended by striking “men” and inserting “persons”.

(e) Maintaining the health of the Selective Service System.—Section 10(a) (50 U.S.C. 3809(a)) is amended by adding at the end the following new paragraph:

“(5) The Selective Service System shall conduct exercises periodically of all mobilization plans, systems, and processes to evaluate and test the effectiveness of such plans, systems, and processes. Once every 4 years, the exercise shall include the full range of internal and interagency procedures to ensure functionality and interoperability and may take place as part of the Department of Defense mobilization exercise under section 10208 of title 10, United States Code. The Selective Service System shall conduct a public awareness campaign in conjunction with each exercise to communicate the purpose of the exercise to the public.”.

(f) Due process for failure To register.—

(1) Section 12 (50 U.S.C. 3811) is amended—

(A) in subsection (f)—

(i) in paragraph (2), by inserting before the period at the end “or proof of registration in accordance with subsection (g)”;

(ii) in paragraph (3)—

(I) in the first sentence, by striking “compliance” and inserting “compliance or proof of registration”; and

(II) in the second sentence, by inserting before the period at the end “or proof of registration”; and

(iii) in paragraph (4), in the second sentence—

(I) by striking “thereunder” and inserting “thereunder, or failure to provide proof of registration in accordance with subsection (g),”; and

(II) by inserting before the period at the end “or has registered in accordance with subsection (g)”; and

(B) in subsection (g)—

(i) in paragraph (1), by striking “; and” and inserting “and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register; or”; and

(ii) by amending paragraph (2) to read as follows:

“(2) the person was provided notice of the person’s failure to register and the person registered within 30 days with the Selective Service System, regardless of the person’s age at the time of registration.”.

(g) Technical and conforming amendments.—The Military Selective Service Act is amended—

(1) in section 4 (50 U.S.C. 3803)—

(A) in subsection (a) in the third undesignated paragraph—

(i) by striking “his acceptability in all respects, including his” and inserting “such person’s acceptability in all respects, including such person's”; and

(ii) by striking “he may prescribe” and inserting “the President may prescribe”;

(B) in subsection (c)—

(i) in paragraph (2), by striking “any enlisted member” and inserting “any person who is an enlisted member”; and

(ii) in paragraphs (3), (4), and (5), by striking “in which he resides” and inserting “in which such person resides”;

(D) in subsection (k)(1), by striking “finding by him” and inserting “finding by the President”;

(2) in section 5(d) (50 U.S.C. 3805(d)), by striking “he may prescribe” and inserting “the President may prescribe”;

(3) in section 6 (50 U.S.C. 3806)—

(A) in subsection (c)(2)(D), by striking “he may prescribe” and inserting “the President may prescribe”;

(B) in subsection (d)(3), by striking “he may deem appropriate” and inserting “the President considers appropriate”; and

(4) in section 10 (50 U.S.C. 3809)—

(A) in subsection (b)—

(i) in paragraph (3)—

(I) by striking “He shall create” and inserting “The President shall create”; and

(II) by striking “upon his own motion” and inserting “upon the President’s own motion”;

(ii) in paragraph (4), by striking “his status” and inserting “such individual’s status”; and

(iii) in paragraphs (4), (6), (8), and (9), by striking “he may deem” each place it appears and inserting “the President considers”; and

(B) in subsection (c), by striking “vested in him” and inserting “vested in the President”;

(5) in section 13(b) (50 U.S.C. 3812(b)), by striking “regulation if he” and inserting “regulation if the President”;

(6) in section 15 (50 U.S.C. 3813)—

(A) in subsection (b), by striking “his” each place it appears and inserting “the registrant’s”; and

(B) in subsection (d), by striking “he may deem” and inserting “the President considers”;

(7) in section (16)(g) (50 U.S.C. 3814(g))—

(A) in paragraph (1), by striking “who as his regular and customary vocation” and inserting “who, as such person’s regular and customary vocation,”; and

(B) in paragraph (2)—

(i) by striking “one who as his customary vocation” and inserting “a person who, as such person’s customary vocation,”; and

(ii) by striking “he is a member” and inserting “such person is a member”;

(8) in section (18)(a) (50 U.S.C. 3816(a)), by striking “he is authorized” and inserting “the President is authorized”;

(9) in section 21 (50 U.S.C. 3819)—

(A) by striking “he is sooner” and inserting “sooner”;

(B) by striking “he” each subsequent place it appears and inserting “such member”; and

(10) in section 22(b) (50 U.S.C. 38290(b)), in paragraphs (1) and (2), by striking “his” each place it appears and inserting “the registrant’s”; and

(11) except as otherwise provided in this section—

(A) by striking “he” each place it appears and inserting “such person”;

(B) by striking “his” each place it appears and inserting “such person’s”;

(D) by striking “present himself” each place it appears in section 12 (50 U.S.C. 3811) and inserting “appear”.

(h) Conforming amendments to other laws.—

(1) Section 3328 of title 5, United States Code, is amended by striking subsection (a) and inserting the following:

“(a) An individual who was required to register under section 3 of the Military Selective Service Act (50 U.S.C. 3803) but failed to meet the registration requirements of section 3 of that Act shall be ineligible for appointment to a position in an Executive agency, unless—

“(1) the requirement for the person to so register has terminated or become inapplicable to the person and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register; or

(2) Section 484(n) of the Higher Education Act of 1965 (20 U.S.C. 1091(n)) is amended by striking “(50 U.S.C. App. 462(f))” and inserting “(50 U.S.C. 3811(f))”.

(i) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act, except that the amendments made by subsections (d) and (h)(1) shall take effect one year after such date of enactment.

SEC. 514. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments.

(a) In general.—Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall take the following steps regarding military accessions in each Armed Force under the jurisdiction of such Secretary:

(1) Assess the prescribed medical standards for appointment as an officer, or enlistment as a member, in such Armed Force.

(2) Determine how to update the medical screening processes for appointment or enlistment.

(3) Determine how to standardize operations across the military entrance processing stations.

(4) Determine how to improve aptitude testing methods and standardized testing requirements.

(5) Implement improvements determined or identified under paragraphs (1) through (4).

(b) Report.—Not later than one year after the date of the enactment of this Act, each Secretary shall submit to the appropriate congressional committees a report containing the results of carrying out this section and recommendations regarding legislation the Secretary determines necessary to improve such military accessions.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) The Committee on Armed Services of the House of Representatives.

(2) The Committee on Armed Services of the Senate.

(3) The Committee on Transportation and Infrastructure of the House of Representatives.

(4) The Committee on Commerce, Science, and Transportation of the Senate.

SEC. 515. Authorization of permissive temporary duty for wellness.

In order to reduce the rate of suicides in the Armed Forces, the Secretary of each military department shall prescribe regulations that authorize a member of an Armed Force under the jurisdiction of such Secretary to take not more than two weeks of permissive temporary duty each year to attend a seminar, retreat, workshop, or outdoor recreational therapy event—

(a) hosted by a non-profit organization; and

(b) that focuses on psychological, physical, spiritual, or social wellness.

SEC. 516. Required staffing of administrative separation boards.

(a) In general.—The Secretary of the military department concerned shall ensure that any administrative separation board under the jurisdiction of such Secretary has assigned to it the following:

(1) A nonvoting legal advisor who shall be responsible for providing legal advice to the President of the board on—

(A) the operations and procedures of the board; and

(B) matters under consideration by the board.

(2) A nonvoting recorder who shall be responsible for representing the separation authority in the in the proceedings before the board.

(b) Selection and supervision.—

(1) IN GENERAL.—The nonvoting legal advisor referred to in subsection (a)(1) and the recorder referred to in subsection (a)(2) shall each be selected by the staff judge advocate and each shall serve under the supervision of such staff judge advocate.

(2) CERTIFICATION.—The staff judge advocate who selects the recorder under paragraph (1) shall include in the record of the proceedings of the board a written certification affirming that the recorder has the legal skills necessary to competently fulfill the duties of that position.

SEC. 517. Administrative separation: miscellaneous authorities and requirements.

Not later than one year after the date of the enactment of this Act, the Secretary of Defense and each Secretary of a military department shall prescribe regulations and guidance for administrative separations of enlisted members under the jurisdiction of such Secretary that—

(1) authorize the Secretary of the military department concerned to characterize an administrative discharge, considered by an administrative separation board under regulations prescribed by such Secretary—

(A) under any conditions (including other than honorable); and

(B) notwithstanding the recommendation of such administrative separation board; and

(2) in the case of an administrative separation on the basis of an offense by the member against an individual, allow such individual to request that at least one voting member of the administrative separation board be of the same gender, race, or ethnicity of such individual.

SEC. 518. Prohibition on algorithmic career termination.

No funds authorized to be appropriated by this Act may be used to subject a member of the Armed Forces under the jurisdiction of a Secretary of a military department to discipline of any kind solely based on the output of an automated algorithmic, mathematical, or other analytic tool used in the evaluation of publicly available social media posts or other publicly available online activity attributable to such member, unless the Secretary concerned determines an imminent threat of physical violence exists.

SEC. 519. Prohibition on discipline against a member based on certain social media.

No funds authorized to be appropriated by this Act may be used to subject a member of the Armed Forces under the jurisdiction of a Secretary of a military department to discipline of any kind solely based on a comment, post, or other activity originating from a third party regarding a political matter on an online account, forum, or other electronic means owned, controlled, or operated by the member.

SEC. 519A. Command oversight of military privatized housing as element of performance evaluations.

(a) Evaluations in general.—Each Secretary of a military department shall ensure that the performance evaluations of any individual described in subsection (b) under the jurisdiction of such Secretary indicates the extent to which such individual has or has not exercised effective oversight and leadership in the following:

(1) Improving conditions of privatized housing under subchapter IV of chapter 169 of title 10, United States Code.

(2) Addressing concerns with respect to such housing of members of the Armed Forces and their families who reside in such housing on an installation of the military department concerned.

(3) Addressing concerns regarding housing discrimination against individuals based on race, ethnicity, sex, gender identity, religion, or employment.

(b) Covered individuals.—The individuals described in this subsection are as follows:

(1) The commander of an installation of a military department at which on-installation housing is managed by a landlord of privatized housing under subchapter IV of chapter 169 of title 10, United States Code.

(2) Each officer or senior enlisted member of the Armed Forces at an installation described in paragraph (1) whose duties include facilities or housing management at such installation.

(3) Any other officer or enlisted member of the Armed Forces (whether or not at an installation described in paragraph (1)) as specified by the Secretary of the military department concerned for purposes of this section.

SEC. 519B. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States.

(a) Study; report.—Not later than September 30, 2022, the Secretary of Defense shall—

(1) conduct a feasibility study regarding the establishment of a standard record of housing history for members of the Armed Forces who reside in covered housing; and

(2) submit to the appropriate congressional committees a report on the results of such study.

(b) Contents.—A record described in subsection (a) includes, with regards to each period during which the member concerned resided in covered housing, the following:

(1) The assessment of the commander of the military installation in which such housing is located, of the condition of such covered housing—

(A) prior to the beginning of such period; and

(B) in which the member concerned left such covered housing upon vacating such covered housing.

(2) Contact information a housing provider may use to inquire about such a record.

(c) Online access.—A record described in subsection (a) would be accessible through a website, maintained by the Secretary of the military department concerned, through which a member of the Armed Forces under the jurisdiction of such Secretary may access such record of such member.

(d) Issuance.—The Secretary concerned would issue a copy of a described in subsection (a) to the member concerned upon the separation, retirement, discharge, or dismissal of such member from the Armed Forces, with the DD Form 214 for such member.

(e) Definitions.—In this section:

(1) The term “appropriate congressional committees” means the following:

(A) The Committee on Armed Services of the House of Representatives.

(B) The Committee on Armed Services of the Senate.

(D) The Committee on Commerce, Science, and Transportation of the Senate.

(2) The term “covered housing” means housing provided by the United States to a member of the Armed Forces.

SEC. 519C. Seaman to Admiral-21 program: credit towards retirement.

(a) Credit.—For each participant in the Seaman to Admiral-21 program during fiscal years 2010 through 2014 for whom the Secretary of the Navy cannot find evidence of an acknowledgment that, before entering a baccalaureate degree program, service during the baccalaureate degree program would not be included when computing years of service for retirement, the Secretary shall include service during the baccalaureate degree program when computing—

(1) years of service; and

(2) retired or retainer pay.

(b) Report required.—The Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the number of participants credited with service under subsection (a).

(c) Deadline.—The Secretary shall carry out this section not later than 180 days after the date of the enactment of this Act.

SEC. 519D. Progress report on implementation of GAO recommendations regarding career paths for surface warfare officers of the Navy.

(a) Progress report.—Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a progress report on implementation of the recommendations for executive action in the report of the Government Accountability Office titled “Navy Readiness: Actions Needed to Evaluate and Improve Surface Warfare Officer Career Path” (GAO–21–168). The report shall include the following:

(1) Actions taken to develop plans to improve retention of SWOs, with a focus on retention of female SWOs, including specific goals, performance measures, and timelines.

(2) Actions taken to analyze relevant logbook data for trends between the number of SWOs aboard ships and competition for limited training opportunities.

(3) Actions taken to analyze the extent to which commissioning practices affect training opportunities for SWOs.

(4) Actions taken to reevaluate the need for nuclear-trained SWOs, assess the effects of the current training approach, and make any related adjustments to the respective career path.

(5) Actions taken to establish and implement regular evaluations of the effectiveness of the current career path, training, and policies for SWOs, in successfully developing and retaining proficient SWOs. The initial evaluation shall include—

(A) a comparison of such effectiveness against that of other positions in the Navy, and against comparable positions in other navies and maritime communities; and

(B) input from SWOs at all grades.

(6) Actions taken to implement—

(A) workforce strategies;

(B) changes to the career path for SWOs, training, and policies; and

(C) the implementation of pilot programs to evaluate potential changes that address the results of such initial evaluation.

(b) SWO defined.—In this section, the term “SWO” means “surface warfare officer”.

SEC. 519E. Independent assessment of retention of female surface warfare officers.

(a) In general.—The Secretary of Defense shall seek to enter into an agreement with a nonprofit entity or a federally funded research and development center independent of the Department of Defense to conduct research and analysis on the gender gap in retention of surface warfare officers in the Navy.

(b) Elements.—The research and analysis conducted under subsection (a) shall include consideration of the following:

(1) Demographics of surface warfare officers, disaggregated by gender, including—

(A) race;

(B) ethnicity;

(D) marital status (including whether the spouse is a member of the Armed Forces and, if so, the length of service of such spouse);

(E) whether the officer has children (including number and age or ages of children);

(F) whether an immediate family member serves or has served as a member of the Armed Forces; and

(G) the percentage of such officers who—

(i) indicate an intent to complete only an initial service agreement; and

(ii) complete only an initial service agreement.

(2) Whether there is a correlation between the number of female surface warfare officers serving on a vessel and responses of such officers to command climate surveys.

(3) An anonymous but traceable study of command climate results to—

(A) correlate responses from particular female surface warfare officers with resignation; and

(B) compare attitudes of first-tour and second-tour female surface warfare officers.

(4) Recommendations based on the findings under paragraphs (1), (2), and (3).

(1) IN GENERAL.—Not later than 270 days after the date on which a nonprofit entity or federally funded research and development center enters into an agreement under subsection (a) with the Secretary of Defense, such entity or center shall submit to the Secretary of Defense a report on the results of the research and analysis under subsection (a).

(2) SUBMISSION TO CONGRESS.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees each of the following:

(A) A copy of the report submitted under paragraph (1) without change.

(B) Any comments, changes, recommendations, or other information provided by the Secretary of Defense relating to the research and analysis under subsection (a) and contained in such report.

SEC. 519F. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard.

Not later than September 30, 2022, the Secretary of Defense shall implement recommendations of the Secretary described in section 519C(a)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

SEC. 521. Rights of the victim of an offense under the Uniform Code of Military Justice.

(a) In general.—Section 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice) is amended—

(1) by redesignating paragraph (8) as paragraph (9); and

(2) by inserting after paragraph (7) the following new paragraph:

“(8) The right to be informed in a timely manner of any pre-trial agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize another law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.”.

(b) Policy on information provided to victims.—

(1) UNIFORM POLICY REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Department in which the Coast Guard is operating, shall establish a uniform policy for the sharing of the following information relating to the victim of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), with a Special Victims’ Counsel or Victims’ Legal Counsel representing such victim:

(A) Any recorded statements of the victim to investigators.

(B) The record of any forensic examination of the person or property of the victim, including the record of any sexual assault forensic exam of the victim that is in possession of investigators or the Government.

(2) EXCEPTION FOR WITHHOLDING OF INFORMATION IN CERTAIN CIRCUMSTANCES.—The policy under paragraph (1) may set forth circumstances in which the information specified in such paragraph may be withheld for the purpose of protecting the integrity of an investigation or criminal proceeding.

SEC. 522. Commanding officer's non-judicial punishment.

(a) In general.—Section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), is amended—

(1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively;

(2) by inserting after subsection (b), the following new subsection:

“(c) (1) Except as provided in paragraphs (2) and (3), a commanding officer may not impose a punishment authorized in subsection (b) unless, before the imposition of such punishment, the commanding officer—

“(A) requests and receives legal guidance regarding the imposition of such punishment from a judge advocate or other legal officer of the armed force of which the commanding officer is a member; and

“(B) provides the member who may be subject to such punishment with an opportunity to consult appropriate legal counsel.

“(2) Paragraph (1) shall not apply to the punishments specified in subparagraphs (E) and (F) of subsection (b)(2).

“(3) A commanding officer may waive the requirements set forth in subparagraphs (A) and (B) of paragraph (1), on a case by case basis, if the commanding officer determines such a waiver is necessary in the national security interests of the United States.”; and

(3) in subsection (f), as so redesignated, by striking “subsection (d)” and inserting “subsection (e)”.

(b) Effective date and applicability.—The amendments made by subsection (a) shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to punishments imposed under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), on or after such effective date.

(c) Additional guidance required.—Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall prescribe regulations or issue other written guidance with respect to non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) that—

(1) (A) identifies criteria to be considered when determining whether a member of the armed forces is attached to or embarked in a vessel for the purposes of determining whether such member may demand trial by court-martial in lieu of punishment under such section (article); and

(B) establishes a policy about the appropriate and responsible invocation of such exception; and

(2) establishes criteria commanders must consider when evaluating whether to issue a waiver under subsection (c)(3) of such section (article) (as added by subsection (a) of this section) on the basis of the national security interests of the United States.

SEC. 523. Selection process for members to serve on courts-martial.

Section 825(e) of title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), is amended—

(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively;

(2) by inserting before paragraph (3), as so redesignated, the following new paragraphs: (1) When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel available to the convening authority for detail.

“(2) The randomized selection process developed and implemented under paragraph (1) may include parameter controls that—

“(A) allow for exclusions based on scheduling availability;

“(B) allow for controls based on military rank; and

“(C) allow for controls to promote gender, racial, and ethnic diversity and inclusion.”; and

(3) in paragraph (4), as so redesignated, by—

(A) striking the first sentence; and

(B) striking “when he is” and inserting “when the member is”.

SEC. 524. Petition for DNA testing under the Uniform Code of Military Justice.

(a) In general.—Subchapter IX of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 873 (article 73) the following new section (article):

“§ 873a. Art. 73a. Petition for DNA testing

“(a) In general.—Upon a written petition by an accused sentenced to imprisonment or death pursuant to a conviction under this chapter (referred to in this section as the ‘applicant’), the Judge Advocate General shall order DNA testing of specific evidence if the Judge Advocate General finds that all of the following apply:

“(1) The applicant asserts, under penalty of perjury, that the applicant is actually innocent of the offense for which the applicant is sentenced to imprisonment or death.

“(2) The specific evidence to be tested was secured in relation to the investigation or prosecution of the offense referenced in the applicant’s assertion under paragraph (1).

“(3) The specific evidence to be tested—

“(A) was not previously subjected to DNA testing and the applicant did not knowingly fail to request DNA testing of that evidence in a prior motion for postconviction DNA testing; or

“(B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing.

“(4) The specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing.

“(5) The proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices.

“(6) The applicant identifies a theory of defense that—

“(A) is not inconsistent with an affirmative defense presented at trial; and

“(B) would establish the actual innocence of the applicant of the offense referenced in the applicant’s assertion under paragraph (1).

“(7) If the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial.

“(8) The proposed DNA testing of the specific evidence may produce new material evidence that would—

“(A) support the theory of defense referenced in paragraph (6); and

“(B) raise a reasonable probability that the applicant did not commit the offense.

“(9) The applicant certifies that the applicant will provide a DNA sample for purposes of comparison.

“(10) The petition is made in a timely fashion, subject to the following conditions:

“(A) There shall be a rebuttable presumption of timeliness if the petition is made within five years of the enactment of the National Defense Authorization Act for Fiscal Year 2022 or within three years after the date of the entry of judgment under section 860c of this title (article 60c), whichever comes later. Such presumption may be rebutted upon a showing—

“(i) that the applicant’s petition for a DNA test is based solely upon information used in a previously denied motion; or

“(ii) of clear and convincing evidence that the applicant’s filing is done solely to cause delay or harass.

“(B) There shall be a rebuttable presumption against timeliness for any petition not satisfying subparagraph (A) above. Such presumption may be rebutted upon the Judge Advocate General’s finding—

“(i) that the applicant was or is incompetent and such incompetence substantially contributed to the delay in the applicant’s motion for a DNA test;

“(ii) the evidence to be tested is newly discovered DNA evidence;

“(iii) that the applicant’s petition is not based solely upon the applicant’s own assertion of innocence and, after considering all relevant facts and circumstances surrounding the petition, a denial would result in a manifest injustice; or

“(iv) upon good cause shown.

“(C) For purposes of this paragraph—

“(i) the term ‘incompetence’ has the meaning given that term in section 876b of this chapter (article 76b);

“(ii) the term ‘manifest’ means that which is unmistakable, clear, plain, or indisputable and requires that the opposite conclusion be clearly evident.

“(b) Appeal of denial.— The applicant may appeal the Judge Advocate General’s denial of the petition of DNA testing to the Court of Appeals for the Armed Forces.

“(c) Evidence inventory; preservation order; appointment of counsel.—

“(1) INVENTORY.—The Judge Advocate General shall order the preparation of an inventory of the evidence related to the case for which a petition is made under subsection (a), which shall be provided to the applicant.

“(2) PRESERVATION ORDER.—To the extent necessary to carry out proceedings under this section, the Judge Advocate General shall direct the preservation of the specific evidence relating to a petition under subsection (a).

“(3) APPOINTMENT OF COUNSEL.—The applicant shall be eligible for representation by appellate defense counsel under section 870 of this chapter (article 70).

“(d) Testing costs.—The costs of any DNA testing ordered under this section shall be paid by the Government.

“(e) Time limitation in capital cases.—In any case in which the applicant is sentenced to death—

“(1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the test is ordered by the Judge Advocate General; and

“(2) not later than 120 days after the date on which the DNA testing ordered under this section is completed, the Judge Advocate General shall order any post-testing procedures under subsection (f) or (g), as appropriate.

“(f) Disclosure of test results.—Reporting of test results shall be simultaneously disclosed to the Government and the applicant.

“(g) Post-testing procedures; inconclusive and inculpatory results.—

“(1) INCONCLUSIVE RESULTS.—If DNA test results obtained under this section are inconclusive, the Judge Advocate General may order further testing, if appropriate, or may deny the applicant relief.

“(2) INCULPATORY RESULTS.—If DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the Judge Advocate General shall—

“(A) deny the applicant relief; and

“(B) if the DNA test results relate to a State offense, forward the finding to any appropriate State official.

“(h) Post-testing procedures; motion for new trial or resentencing.—

“(1) IN GENERAL.—Notwithstanding any provision of law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a petition for a new trial or resentencing, as appropriate.

“(2) STANDARD FOR GRANTING MOTION FOR NEW TRIAL OR RESENTENCING.—The applicant’s petition for a new trial or resentencing, as appropriate, shall be granted if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by compelling evidence that a new trial would result in the acquittal of the applicant.

“(i) Relationship to other laws.—

“(1) POST-CONVICTION RELIEF.—Nothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other provision of law.

“(2) HABEAS CORPUS.—Nothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.”.

(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 873 (article 73) the following new item:

“873a. 73a. Petition for DNA testing.”.

SEC. 525. Punitive article on violent extremism.

(a) Violent extremism.—

(1) IN GENERAL.—Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 916 (article 116 of the Uniform Code of Military Justice) the following new section (article):

“§ 916a. Art. 116a. violent extremism

“(a) Prohibition.—Any person subject to this chapter who—

“(1) knowingly commits a covered offense against—

“(A) the Government of the United States; or

“(B) any person or class of people;

“(2) (A) with the intent to intimidate or coerce any person or class of people; or

“(B) with the intent to influence, affect, or retaliate against the policy or conduct of the Government of the United States or any State; and

“(3) does so—

“(A) to achieve political, ideological, religious, social, or economic goals; or

“(B) in the case of an act against a person or class of people, for reasons relating to the race, religion, color, ethnicity, sex, age, disability status, national origin, sexual orientation, or gender identity of the person or class of people concerned;

is guilty of violent extremism and shall be punished as a court-martial may direct.

“(b) Attempts, solicitation, and conspiracy.—Any person who attempts, solicits, or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

“(c) Definitions.—In this section:

“(1) COVERED OFFENSE.—The term ‘covered offense’ means—

“(A) loss, damage, destruction, or wrongful disposition of military property of the United States, in violation of section 908 of this title (article 108);

“(B) waste, spoilage, or destruction of property other than military property of the United States, in violation of section 909 of this title (article 109);

“(C) communicating threats, in violation of section 915 of this title (article 115);

“(D) riot or breach of peace, in violation of section 916 of this title (article 116);

“(E) provoking speech or gestures, in violation of section 917 of this title (article 117);

“(F) murder, in violation of section 918 of this title (article 118);

“(G) manslaughter, in violation of section 919 of this title (article 119);

“(H) larceny or wrongful appropriation, in violation of section 921 of this title (article 121);

“(I) robbery, in violation of section 922 of this title (article 122);

“(J) kidnapping, in violation of section 925 of this title (article 125);

“(K) assault, in violation of section 928 of this title (article 128);

“(L) conspiracy to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 881 of this title (article 81);

“(M) solicitation to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 882 of this title (article 82); or

“(N) an attempt to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 880 of this title (article 80).

“(2) STATE.—The term ‘State’ includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 916 (article 116) the following new item:

“916a. 116a. Violent extremism.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to offenses committed on or after such date.

SEC. 526. Clarifications of procedure in investigations of personnel actions taken against members of the Armed Forces in retaliation for protected communications.

(a) In general.—Subparagraphs (D) and (E) of paragraph (4) of section 1034(c) of title 10, United States Code, are amended to read as follows:

“(D) (i) Upon determining that an investigation of an allegation under paragraph (1) is warranted, the Inspector General making the determination shall expeditiously investigate the allegation to determine whether the protected communication or activity under subsection (b) was a contributing factor in the personnel action prohibited under subsection (b) that was taken or withheld (or threatened to be taken or withheld) against a member of the armed forces.

“(ii) In the case of a determination made by the Inspector General of the Department of Defense, that Inspector General may delegate responsibility for the investigation to an appropriate Inspector General of a military department.

“(iii) The member alleging the prohibited personnel action may use circumstantial evidence to demonstrate that the protected communication or activity under subsection (b) was a contributing factor in the personnel action prohibited under subsection (b). Such circumstantial evidence may include that the person taking such prohibited personnel action knew of the protected communication or activity, and that the prohibited personnel action occurred within a period of time such that a reasonable person could conclude that the communication or protected activity was a contributing factor in the personnel action.

“(iv) If the Inspector General determines it likelier than not that the member made a communication or participated in an activity protected under subsection (b) that was a contributing factor in a personnel action described in such subsection, the Inspector General shall presume such personnel action to be prohibited under such subsection unless the Inspector General determines there is clear and convincing evidence that the same personnel action would have occurred in the absence of such protected communication or activity.

“(E) If the Inspector General preliminarily determines in an investigation under subparagraph (D) that a personnel action prohibited under subsection (b) has occurred and that such personnel action shall result in an immediate hardship to the member alleging the personnel action, the Inspector General shall promptly notify the Secretary of the military department concerned or the Secretary of Homeland Security, as applicable, of the hardship, and such Secretary shall take such action as such Secretary determines appropriate.”.

(b) Technical amendments.—Such paragraph is further amended in subparagraphs (A) and (B) by striking “subsection (h)” both places it appears and inserting “subsection (i)”.

SEC. 527. Activities to improve family violence prevention and response.

(a) Delegation of authority to authorize exceptional eligibility for certain benefits.—Paragraph (4) of section 1059(m) of title 10, United States Code, is amended to read as follows:

“(4) (A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated.

“(B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.”.

(b) Extension of requirement for annual Family Advocacy Program report regarding child abuse and domestic violence.—Section 574(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141) is amended by striking “April 30, 2021” and inserting “April 30, 2026”.

(1) IN GENERAL.—Consistent with the recommendations set forth in the report of the Comptroller General of the United States titled “Domestic Abuse: Actions Needed to Enhance DOD’s Prevention, Response, and Oversight” (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs (A) through (K).

(A) DOMESTIC ABUSE DATA.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following:

(i) Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including—

(I) data on the numbers and types of domestic abuse and domestic violence incidents involving members of the Armed Forces;

(II) the information required to be reported to the database on domestic violence incidents under section 1562 of title 10, United States Code; and

(III) data for inclusion in the reports regarding child abuse and domestic violence required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).

(ii) Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse.

(iii) Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse.

(B) DOMESTIC VIOLENCE AND COMMAND ACTION DATA.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall—

(i) evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to—

(I) eliminate gaps and redundancies in the activities of such organizations;

(II) ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and

(III) otherwise improve the tracking of such incidents and actions across the Department; and

(ii) based on the evaluation under clause (i), clarify or adjust—

(I) the duties of such organizations and elements; and

(II) the manner in which such organizations and elements coordinate their activities.

(C) REGULATIONS FOR VIOLATION OF CIVILIAN ORDERS OF PROTECTION.—The Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

(D) AGREEMENTS WITH CIVILIAN VICTIM SERVICE ORGANIZATIONS.—

(i) GUIDANCE REQUIRED.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii).

(ii) CONTENTS OF AGREEMENT.—A memorandum of understanding entered into under clause (i) shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that—

(I) the services offered at the installation are insufficient to meet the victim’s needs; or

(II) such a referral would otherwise benefit the victim.

(E) SCREENING AND REPORTING OF INITIAL ALLEGATIONS.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process—

(i) to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident;

(ii) that uses a risk-based approach to consistently identify, from among such allegations of domestic abuse, the allegations that should be presented to an Incident Determination Committee; and

(iii) to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees.

(F) IMPLEMENTATION AND OVERSIGHT OF INCIDENT DETERMINATION COMMITTEES.—

(i) IMPLEMENTATION.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force.

(ii) OVERSIGHT AND MONITORING.—The Secretary of Defense shall—

(I) direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and

(II) establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces.

(G) REASONABLE SUSPICION STANDARD FOR INCIDENT REPORTING.—Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations—

(i) under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and

(ii) that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i).

(H) GUIDANCE FOR VICTIM RISK ASSESSMENT.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that—

(i) identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and

(ii) establishes minimum qualifications for the personnel responsible for using such tools.

(I) IMPROVING FAMILY ADVOCACY PROGRAM AWARENESS CAMPAIGNS.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement—

(i) a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and

(ii) metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns.

(J) ASSESSMENT OF THE DISPOSITION MODEL FOR DOMESTIC VIOLENCE.—As part of the independent analysis required by section 549C of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) the Secretary of Defense shall include an assessment of—

(i) the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to—

(I) the eligibility of victims for transitional compensation and other benefits; and

(II) the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and

(ii) the feasibility and advisability establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model.

(K) FAMILY ADVOCACY PROGRAM TRAINING.—

(i) TRAINING FOR COMMANDERS AND SENIOR ENLISTED ADVISORS.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall—

(I) ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and

(II) shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training.

(ii) TRAINING FOR CHAPLAINS.—The Secretary of Defense shall—

(I) require that chaplains of the Armed Forces receive Family Advocacy Program training;

(II) establish content requirements and learning objectives for such training; and

(III) provide such additional guidance and sample training materials as may be necessary to effectively implement such training.

(iii) TRAINING COMPLETION DATA.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training.

(2) GENERAL IMPLEMENTATION DATE.—Except as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act.

(3) QUARTERLY STATUS REPORT.—Not later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph (1) have been implemented, the Secretary of Defense shall submit to the appropriate congressional committees a report on the status of the implementation of such activities.

(d) Improving awareness regarding family advocacy programs and other similar services.—

(1) PILOT PROGRAM ON INFORMATION FOR FAMILIES ENROLLING IN DEERS.—The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of various mechanisms to inform military families about the Family Advocacy Programs and resiliency training of the Armed Forces during their enrollment in the Defense Enrollment Eligibility Reporting System. The matters assessed by the pilot program shall include the following:

(A) An option for training members of military families on the Family Advocacy Programs.

(B) Mechanisms for providing such family members with information on—

(i) the resources available through the Family Advocacy Programs of the Armed Forces;

(ii) the Military OneSource program of the Department of Defense;

(iii) resources relating to domestic abuse and child abuse and neglect that are available through local community service organizations; and

(iv) the availability of the Military and Family Life Counseling Program.

(C) Steps that may be taken to better inform such family members of the option to make a restricted report or an unrestricted report to a Family Advocacy Program, including information on the difference between such reports.

(2) INFORMATION ON SERVICES FOR MILITARY FAMILIES.—Each Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following:

(A) The Family Advocacy Program of the Armed Force or military department concerned.

(B) Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect.

(e) Reports on staffing levels for family advocacy programs.—

(1) IN GENERAL.—Not later than 180 days after the date on which the staffing tool described in paragraph (2) becomes operational, and on an annual basis thereafter for the following five years, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth the following:

(A) Military, civilian, and contract support staffing levels for the Family Advocacy Programs of the Armed Forces at each military installation so staffed as of the date of the report.

(B) Recommendations for ideal staffing levels for the Family Advocacy Programs, as identified by the staffing tool.

(2) STAFFING TOOL DESCRIBED.—The staffing tool described in this paragraph is a tool that—

(A) is under development as of the date of the enactment of this Act pursuant to an agreement between the Department of Defense and Pennsylvania State University; and

(B) will be used to assist the Department in determining adequate staffing levels for Family Advocacy Programs.

(3) COMPTROLLER GENERAL REVIEW.—

(A) IN GENERAL.—Following the submission of the first annual report required under paragraph (1), the Comptroller General of the United States shall conduct a review of the staffing of the Family Advocacy Programs of the Armed Forces.

(B) ELEMENTS.—The review conducted under subparagraph (A) shall include an assessment of each of the following:

(i) The extent to which the Armed Forces have filled authorized billets for Family Advocacy program manager, clinician, and victim advocate positions.

(ii) The extent to which the Armed Forces have experienced challenges filling authorized Family Advocacy Program positions, and how such challenges, if any, have affected the provision of services.

(iii) The extent to which the Department of Defense and Armed Forces have ensured that Family Advocacy Program clinicians and victim advocates meet qualification and training requirements.

(iv) The extent to which the Department of Defense has established metrics to evaluate the effectiveness of the staffing tool described in paragraph (2).

(i) BRIEFING.—Not later than one year following the submission of the first annual report required under paragraph (1), the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the preliminary observations made by the Comptroller General as part of the review required under subparagraph (A).

(ii) REPORT.—Not later than 90 days after the date of the briefing under clause (i), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subparagraph (A).

(f) Study and report on initial entry points.—

(1) STUDY.—The Secretary of Defense shall conduct a study to identify initial entry points (including anonymous entry points) through which military family members may seek information or support relating to domestic abuse or child abuse and neglect. Such study shall include an assessment of—

(A) points at which military families interact with the Armed Forces or the Department of Defense through which such information or support may be provided to family members, including points such as enrollment in the Defense Enrollment Eligibility Reporting System, and the issuance of identification cards; and

(B) other existing and potential routes through which such family members may seek information or support from the Armed Forces or the Department, including online chat rooms, text-based support capabilities, and software applications for smartphones.

(2) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of the study conducted under paragraph (1).

(g) Inspector General report.—Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Secretary of Defense and to the Committees on Armed Services of the Senate and the House of Representatives a report that—

(1) evaluates the progress of the Secretary of Defense in carrying out this section; and

(2) identifies any actions the Secretary is taking improve the practices of military installations with respect to the prevention and response to domestic abuse and child abuse and neglect among military families.

(h) Definitions.—In this section:

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

(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

(2) The term “civilian order of protection” has the meaning given that term in section 1561a of title 10, United States Code.

(3) The term “disposition model for domestic violence” means the process to determine—

(A) the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and

(B) consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense.

(4) The term “Incident Determination Committee” means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense.

(5) The term “qualified civilian victim service organization” means an organization outside the Department of Defense that—

(A) is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and

(B) is located in a community surrounding a military installation.

(6) The term “risk assessment tool” means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur.

SEC. 528. Mandatory notification of members of the Armed Forces identified in certain records of criminal investigations.

(a) In general.—Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 1567b. Mandatory notification of members of the armed forces and reserve components identified in certain records of criminal investigations

“(a) Notification of inclusion MCIO records.—As soon as practicable after the conclusion of a criminal investigation by a military criminal investigative organization, the head of such organization shall provide, to any member or former member of the armed forces and reserve components who is designated in the records of the organization as a subject of such investigation, written notice of such designation.

“(b) Initial notification of previous inclusion in MCIO records.—Not later than 180 days after the date of the enactment of this section, the head of each military criminal investigative organization shall provide, to any member or former member of the armed forces and reserve components who is designated in the records of the organization as a subject of a criminal investigation that is closed as of such date, written notice of such designation.

“(c) Contents of notice.—Each notice provided under subsection (a) and (b) shall include the following information—

“(1) The date on which the member was designated as a subject of a criminal investigation in the records of the military criminal investigative organization.

“(2) Identification of each crime for which the member was investigated, including a citation to each provision of chapter 47 of this title (the Uniform Code of Military Justice) that the member was suspected of violating, if applicable.

“(3) Instructions on how the member may seek removal of the record in accordance with subsection (d).

“(d) Removal of record.—The Secretary of Defense shall—

“(1) establish a process through which a member of the armed forces and reserve components who receives a notice under subsection (a) or (b) may request the removal of the record that is the subject of such notice; and

“(2) issue uniform guidance, applicable to all military criminal investigative organizations, specifying the conditions under which such a record may be removed.

“(e) Military criminal investigative organization defined.—In this section, the term ‘military criminal investigative organization’ means any organization or element of the Department of Defense or an armed force that is responsible for conducting criminal investigations, including—

“(1) the Army Criminal Investigation Command;

“(2) the Naval Criminal Investigative Service;

“(3) the Air Force Office of Special Investigations;

“(4) the Coast Guard Investigative Service; and

“(5) the Defense Criminal Investigative Service.”.

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

“1567b. Mandatory notification of members of the armed forces and reserve components identified in certain records of criminal investigations.”.

SEC. 529. Authority of military judges and military magistrates to issue military court protective orders.

(a) Judge-issued military court protective orders.—Chapter 80 of title 10, United Stated Code, is amended by adding at the end the following new section:

“§ 1567b. Authority of military judges and military magistrates to issue military court protective orders

“(a) Authority to issue military court protective orders.—The President shall prescribe regulations authorizing military judges and military magistrates to issue protective orders in accordance with this section. A protective order issued in accordance with this section shall be known as a ‘military court protective order’. Under the regulations prescribed by the President, military judges and military magistrates shall have exclusive jurisdiction over the issuance, appeal, renewal, and termination of military court protective orders and such orders may not be issued, appealed, renewed, or terminated by State, local, territorial, or tribal courts.

“(b) Enforcement by civilian authorities.—

“(1) IN GENERAL.—In prescribing regulations for military court protective orders, the President shall seek to ensure that the protective orders are issued in a form and manner that is enforceable by State, local, territorial, and tribal civilian law enforcement authorities.

“(2) FULL FAITH AND CREDIT.—Any military court protective order shall be accorded full faith and credit by the court of a State, local, territorial, or tribal jurisdiction (the enforcing jurisdiction) and enforced by the court and law enforcement personnel of that jurisdiction as if it were the order of the enforcing jurisdiction.

“(3) RECIPROCITY AGREEMENTS.—Consistent with paragraphs (1) and (2), the Secretary of Defense shall seek to enter into reciprocity agreements with State, local, territorial, and tribal civilian law enforcement authorities under which—

“(A) such authorities agree to enforce military court protective orders; and

“(B) the Secretary agrees to enforce protective orders issued by such authorities that are consistent with section 2265(b) of title 18.

“(c) Purpose and form of issuance.—A military court protective order—

“(1) may be issued for the purpose of protecting a victim of an alleged covered offense, or a family member or associate of the victim, from a person subject to chapter 47 of this title (the Uniform Code of Military Justice) who is alleged to have committed such an offense; and

“(2) shall include—

“(A) a finding regarding whether such person represents a credible threat to the physical safety of such alleged victim;

“(B) a finding regarding whether the alleged victim is an intimate partner or child of such person; and

“(C) if applicable, terms explicitly prohibiting the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily injury against such intimate partner or child.

“(d) Burden of proof.—In determining whether to issue a military court protective order, a military judge or military magistrate shall make all relevant findings by a preponderance of the evidence. The burden shall be on the party requesting the order to produce sufficient information to satisfy the preponderance of the evidence standard referred to in the preceding sentence.

“(e) Timing and manner of issuance.—A military court protective order may be issued—

“(1) by a military magistrate, before referral of charges and specifications to court-martial for trial, at the request of—

“(A) a victim of an alleged covered offense; or

“(B) a Special Victims’ Counsel or other qualified counsel acting on behalf of the victim; or

“(2) by a military judge, after referral of charges and specifications to court-martial for trial, at the request of qualified counsel, which may include a Special Victims’ Counsel acting on behalf of the victim or trial counsel acting on behalf of the prosecution.

“(f) Duration and renewal of protective order.—

“(1) DURATION.—A military court protective order shall be issued for an initial period of up to 180 days and may be reissued for one or more additional periods, each of which may be up to 180 days, in accordance with paragraph (2).

“(2) EXPIRATION AND RENEWAL.—Before the expiration of any period during which a military court protective order is in effect, a military judge or military magistrate shall review the order to determine whether the order will terminate at the expiration of such period or be reissued for an additional period of up to 180 days.

“(3) NOTICE TO PROTECTED PERSONS.—If a military judge or military magistrate determines under paragraph (2) that a military court protective order will terminate, the judge or magistrate concerned shall direct that each person protected by the order be provided with reasonable, timely, and accurate notification of the termination.

“(g) Review of magistrate-issued orders.—

“(1) REVIEW.—A military judge, at the request of the person subject to a military court protective order that was issued by a military magistrate, may review the order to determine if the order was properly issued by the magistrate.

“(2) STANDARDS OF REVIEW.—A military judge who reviews an order under paragraph (1) shall terminate the order if the judge determines that—

“(A) the military magistrate’s decision to issue the order was an abuse of discretion, and there is not sufficient information presented to the military judge to justify the order; or

“(B) information not presented to the military magistrate establishes that the military court protective order should be terminated.

“(h) Due process.—

“(1) PROTECTION OF DUE PROCESS.—Except as provided in paragraph (2), a protective order authorized under subsection (a) may be issued only after reasonable notice and opportunity to be heard and to present evidence, directly or through counsel, is given to the person against whom the order is sought sufficient to protect that person's right to due process.

“(2) EMERGENCY ORDERS.—A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe. In the case of ex parte orders, notice and opportunity to be heard and to present evidence must be provided within a reasonable time not to exceed 30 calendar days after the date on which the order is issued, sufficient to protect the respondent's due process rights.

“(i) Rights of victim.—The victim of an alleged covered offense who seeks a military court protective order has, in addition to any rights provided under section 806b (article 6b), the following rights with respect to any proceeding involving the protective order:

“(1) The right to reasonable, accurate, and timely notice of the proceeding and of any change in the status of the protective order resulting from the proceeding.

“(2) The right to be reasonably heard at the proceeding.

“(3) The right to appear in person, with or without counsel, at the proceeding.

“(4) The right be represented by qualified counsel in connection with the proceeding, which may include a Special Victims’ Counsel.

“(5) The reasonable right to confer with a representative of the command of the accused and counsel representing the government at the proceeding, as applicable.

“(6) The right to submit a written statement, directly or through counsel, for consideration by the military judge or military magistrate presiding over the proceeding.

“(j) Restrictions on access to firearms.—

“(1) IN GENERAL.—Notwithstanding any other provision of law—

“(A) a military court protective order issued on an ex parte basis shall restrain a person from possessing, receiving, or otherwise accessing a firearm; and

“(B) a military court protective order issued after the person to be subject to the order has received notice and opportunity to be heard on the order, shall restrain such person from possessing, receiving, or otherwise accessing a firearm in accordance with section 922 of title 18.

“(2) NOTICE TO ATTORNEYS GENERAL.—

“(A) NOTICE OF ISSUANCE.—Not later than 72 hours after the issuance of an order described in paragraph (1), the Secretary concerned shall submit a record of the order—

“(i) to the Attorney General of the United States; and

“(ii) to the Attorney General of the State or Territory in which the order is issued.

“(B) NOTICE OF RECISSION OR EXPIRATION.—Not later than 72 hours after the recission or expiration of an order described in paragraph (1), the Secretary concerned shall submit notice of such recission or expiration to the Attorneys General specified in subparagraph (A).

“(k) Treatment as lawful order.—A military court protective order shall be treated as a lawful order for purposes of the application of section 892 (article 92) and a violation of such an order shall be punishable under such section (article).

“(l) Command matters.—

“(1) INCLUSION IN PERSONNEL FILE.—Any military court protective order against a member shall be placed and retained in the military personnel file of the member, except that such protective order shall be removed from the military personnel file of the member if the member is acquitted of the offense to which the order pertains, it is determined that the member did not commit the act giving rise to the protective order, or it is determined that the protective order was issued in error.

“(2) NOTICE TO CIVILIAN LAW ENFORCEMENT OF ISSUANCE.—Any military court protective order against a member shall be treated as a military protective order for purposes of section 1567a including for purposes of mandatory notification of issuance to Federal and State civilian law enforcement agencies as required by that section.

“(m) Relationship to other authorities.—Nothing in this section may be construed as prohibiting—

“(1) a commanding officer from issuing or enforcing any otherwise lawful order in the nature of a protective order to or against members of the officer’s command;

“(2) pretrial restraint in accordance with Rule for Courts-Martial 304 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule); or

“(3) pretrial confinement in accordance with Rule for Courts-Martial 305 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule).

“(n) Delivery to certain persons.—A physical and electronic copy of any military court protective order shall be provided, as soon as practicable after issuance, to the following:

“(1) The person or persons protected by the protective order or to the guardian of such a person if such person is under the age of 18 years.

“(2) The person subject to the protective order.

“(3) To such commanding officer in the chain of command of the person subject to the protective order as the President shall prescribe for purposes of this section.

“(o) Definitions.—In this section:

“(1) CONTACT.—The term ‘contact’ includes contact in person or through a third party, or through gifts,

“(2) COMMUNICATION.—The term ‘communication’ includes communication in person or through a third party, and by telephone or in writing by letter, data fax, or other electronic means.

“(3) COVERED OFFENSE.—The term ‘covered offense’ means the following:

“(A) An alleged offense under section 920, 920a, 920b, 920c, or 920d of this title (article 120, 120a, 120b, 120c, or 120d of the Uniform Code of Military Justice).

“(B) An alleged offense of stalking under section 930 of this title (article 130 of the Uniform Code of Military Justice).

“(C) An alleged offense of domestic violence under section 928b of this title (article 128b of the Uniform Code of Military Justice).

“(D) A conspiracy to commit an offense specified in subparagraphs (A) through (C) as punishable under section 881 of this title (article 81 of the Uniform Code of Military Justice).

“(E) A solicitation to commit an offense specified in subparagraphs (A) through (C) as punishable under section 882 of this title (article 82 of the Uniform Code of Military Justice).

“(F) An attempt to commit an offense specified in subparagraphs (A) through (C) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

“(4) MILITARY JUDGE AND MILITARY MAGISTRATE.—The terms ‘military judge’ and ‘military magistrate’ mean a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military judge or magistrate by the Judge Advocate General of the armed force of which the officer is a member.

“(5) PROTECTIVE ORDER.—The term ‘protective order’ means an order that—

“(A) restrains a person from harassing, stalking, threatening, or otherwise contacting or communicating with a victim of an alleged covered offense, or a family member or associate of the victim, or engaging in other conduct that would place such other person in reasonable fear of bodily injury to any such other person;

“(B) by its terms, explicitly prohibits—

“(i) the use, attempted use, or threatened use of physical force by the person against a victim of an alleged covered offense, or a family member or associate of the victim, that would reasonably be expected to cause bodily injury;

“(ii) the initiation by the person restrained of any contact or communication with such other person;

“(iii) any other behavior by the person restrained that the court deems necessary to provide for the safety and welfare of the victim of an alleged covered offense, or a family member or associate of the victim; or

“(iv) actions described by any of clauses (i) through (iii).

“(6) SPECIAL VICTIMS’ COUNSEL.—The term ‘Special Victims Counsel’ means a Special Victims’ Counsel described in section 1044e and includes a Victims’ Legal Counsel of the Navy.”.

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

“1567b. Authority of military judges and military magistrates to issue military court protective orders.”.

(c) Implementation.—The President shall prescribe regulations implementing section 1567b of title 10, United States Code (as added by subsection (a)), by not later than one year after the date of the enactment of this Act.

SEC. 529A. Countering extremism in the Armed Forces.

(a) In general.—Part II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:

“CHAPTER 89—COUNTERING EXTREMISM

“1801. Office of Countering Extremism.
“1802. Training and education.
“1803. Data collection and analysis.
“1804. Reporting requirements.
“1805. Definitions.

“§ 1801. Office of Countering Extremism

“(a) Establishment.— (1) There is an Office of Countering Extremism (in this section referred to as the ‘Office’) within the Office of the Under Secretary of Defense for Personnel and Readiness.

“(2) The Office shall be headed by the Director of Countering Extremism (in this chapter referred to as the ‘Director’), who shall be appointed by the Secretary of Defense, in consultation with the Secretary of Homeland Security, and report directly to the Under Secretary of Defense for Personnel and Readiness and the Secretary.

“(b) Duties.—The Director shall—

“(1) be responsible for policy of countering extremism within the armed forces;

“(2) in coordination with the Secretaries of the military departments, develop and implement programs, resources, and activities to counter extremism within the armed forces;

“(3) establish policies to ensure adequate protection, transparency of process, and availability of resources for individuals who report incidents of extremism;

“(4) facilitate and coordinate with the Secretaries of the military departments, law enforcement organizations, security organizations, and insider threat programs in the armed forces;

“(5) engage and interact with, and solicit recommendations from, outside experts on extremism;

“(6) coordinate with—

“(A) the Under Secretary for Defense for Intelligence and Security; and

“(B) the Deputy Inspector General of the Department of Defense for Diversity and Inclusion and Supremacist, Extremism and Criminal Gang Activity; and

“(7) perform any additional duties prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security.

“§ 1802. Training and education

“(a) In general.—The Secretary of each military department, in coordination with the Director, shall develop and implement training and education programs and related materials to assist members of the armed forces and civilian employees of the armed forces in identifying, preventing, responding to, reporting, and mitigating the risk of extremism.

“(b) Extremist insider threat training.—

(1) The training and education programs and materials described in subsection (a) shall include information on the following:

“(A) What constitutes an extremist insider threat.

“(B) Risks posed by extremist insider threats.

“(C) How to identify extremist insider threats.

“(D) How to recognize when an individual is being influenced by extremism or targeted for recruitment by extremist groups.

“(E) Information about procedures on when and how to report detected extremist insider threats.

“(F) Resources for reporting outside the chain of command.

“(G) Media literacy training.

“(H) Whistleblower protections.

“(I) Such other information as may be required by the Secretary of Defense, in consultation with the Secretary of Homeland Security.

“(2) The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall provide the training and education described in subsection (a) as part of each of the following:

“(A) Initial entry training for members of the armed forces.

“(B) Curricula of—

“(i) the United States Army Training and Doctrine Command;

“(ii) the Naval Education and Training Command;

“(iii) the Air Education and Training Command;

“(iv) all pre-commissioning programs of the Department of Defense;

“(v) the military service academies;

“(vi) the Coast Guard Education and Training Quota Management Command;

“(vii) the Coast Guard Academy; and

“(viii) all pre-commissioning programs of the Coast Guard.

“(C) Certification courses required for members or officers to be considered for promotion to any grade above E–5, WO–5 (WO-3, in the case of the Coast Guard), or O–5. Such members and officers shall also receive training regarding—

“(i) how to identify emerging extremist insider threat behaviors in a unit; and

“(ii) procedures on when and how to respond when a subordinate reports a suspected extremist insider threat.

“(3) The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall include the information described in paragraph (1) in brochures, posters, print and online publications, or other educational materials of the armed forces.

“(c) Recruiter training.—The Secretary of each military department, in coordination with the Director, shall coordinate with the recruiting activities and organization of the armed forces to develop and carry out a training program for recruiters on how to—

“(1) identify indicators of extremism in potential recruits;

“(2) identify members of extremist organizations in potential recruits; and

“(3) screen potential recruits for extremist ties to ensure potential recruits comply with enlistment, accession, or commissioning requirements.

“§ 1803. Data collection and analysis

“(a) In general.—The Director shall—

“(1) establish and maintain a database on extremist activities in the armed forces; and

“(2) ensure the data collected across the military departments is uniform to the maximum extent practicable.

“(b) Records.—The database established in subsection (a) shall include records on—

“(1) each incident, complaint, or allegation of extremism by a member or civilian employee of the armed forces, including—

“(A) the extremist behavior related to the incident, complaint, or allegation;

“(B) the rank, race, gender, and ethnicity of the individuals involved in the incident, complaint, or allegation;

“(C) each Federal agency involved in investigating the incident, complaint, or allegation;

“(D) any investigation of the incident, complain, or allegation;

“(E) any action taken by a commander or supervisor in response to the incident, complaint, or allegation;

“(F) any adverse administrative personnel action or punitive action related to the incident, complaint, or allegation, including details of the type of action initiated and the final disposition of such action;

“(G) descriptions of an ideology, movement, or extremist group associated with the incident, complaint, or allegation; and

“(H) records submitted or collected regarding administrative or punitive action referred to in subsection (F).

“(2) each notification from the Federal Bureau of Investigation to the Secretary of Defense, the Secretary of Homeland Security, or a law enforcement agency (if in the possession of either such Secretary), of investigations related to extremism of current and former members of the armed forces, unless such reporting would jeopardize public safety or compromise an ongoing law enforcement investigation;

“(3) responses related to questions about extremism on surveys, questionnaires, command climate surveys, transition checklists, exit surveys, and other information gathering sources;

“(4) each involuntary separation or denial of enlistment or commissioning on the basis of extremism;

“(5) each security clearance revoked on the basis of extremism; and

“(6) any other requirements prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security.

“(c) Coordination.—Each Secretary of a military department shall collect records described in subsection (b) and provide them to the Director.

“§ 1804. Reporting requirements

“(a) Annual report.—Not later than December 1 of each year, the Director shall submit to Congress a report on the prevalence of extremist activities within the armed forces that includes the number of individuals—

“(1) determined ineligible to serve in the Armed Forces during the preceding fiscal year by reason of engagement in extremist activities;

“(2) separated from the Armed Forces during the preceding fiscal year by reason of engagement in extremist activities;

“(3) determined ineligible to reenlist in the armed forces during the preceding fiscal year by reason of engagement in extremist activities;

“(4) whose security clearances were revoked during the preceding fiscal year by reason of engagement in extremist activities;

“(5) statistics of incidents, complaints, and allegations recorded under section 1803(b)—

“(A) disaggregated data by armed force, race, gender, ethnicity, grade, and rank; and

“(B) with any personally identifiable information redacted;

“(6) regulations prescribed to counter extremism in the armed forces; and

“(7) any recommendations to Congress for related legislative actions to address extremism within the armed forces.

“(b) Publication.—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (a); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.

“§ 1805. Definitions

“In this chapter:

“(1) The terms ‘extremist activities’ and ‘extremist organization’ have the meanings prescribed by the Secretary of Defense.

“(2) The term ‘extremist insider threat’ means a member or civilian employee of the armed forces with access to Government information, systems, or facilities, who—

“(A) can use such access to do harm to the security of the United States; and

“(B) exhibits extremist behaviors.”.

(b) Technical amendment.—The table of chapters for part II of subtitle A of such title 10 is amended by inserting, after the item relating to chapter 88, the following new item:

“89. Countering Extremism 1801”.

(c) Regulations.—The Secretary of Defense shall prescribe regulations under chapter 89 of such title (including definitions under section 1805 of such title), as added by subsection (a), not later than 60 days after the date of the enactment of this Act.

(d) Progress report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the status of the implementation of chapter 89 of such title, as added by subsection (a).

(e) Prohibition on extremist activities.—

(1) PROHIBITION.—Chapter 39 of title 10, United States Code, is amended by inserting after section 985 the following new section:

“§ 986. Prohibition on extremist activities

“(a) Prohibition.—An individual who engages in extremist activities or is a member of an extremist organization may not serve as a member of the armed forces.

“(b) Regulations.—The Secretary of Defense shall prescribe regulations regarding the separation of a member of the armed forces who engages in extremist activities or is a member of an extremist organization.

“(c) Definitions.—In this section, the terms ‘extremist activities’ and ‘extremist organization’ have the meanings given such terms in section 1805 of this title.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 985 the following new item:

“986. Prohibition on extremist activities.”.

(f) Provision of information regarding extremist groups in Transition Assistance Program.—Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph (20):

“(20) Information about efforts of extremist groups to recruit former members of the armed forces, including how a member may report such efforts to the Secretary concerned.”.

(g) Authority to utilize online extremist content as cause for separation from an Armed Force.—Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 130l. Authority to utilize online extremist content as cause for separation from an armed force

“The Secretary concerned may use content knowingly shared, disseminated, or otherwise made available online (including on social media platforms and accounts) by an individual who serves in an armed force that expresses support for extremist activities (as that term is defined in section 1804 of this title) as cause for involuntary separation from an armed force.”.

(h) Coordination of Director of Countering Extremism with Deputy Inspector General regarding supremacist, extremist, or criminal gang activity in the Armed Forces.—Section 554(a)(3) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by adding at the end the following new subparagraph:

“(E) The Director of Countering Extremism.”.

(i) Effective date.—The amendments made by this section shall take effect on the day that the Secretary of Defense prescribes regulations under subsection (c).

SEC. 529B. Reform and improvement of military criminal investigative organizations.

(a) Evaluation and plan for reform.—Not later than one year after the date of the enactment of this Act, each Secretary concerned shall—

(1) complete an evaluation of the effectiveness of the military criminal investigative organizations under the jurisdiction of such Secretary: and

(2) submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report that includes—

(A) the results of the evaluation conducted under paragraph (1); and

(B) based on such results, a proposal for reforming such military criminal investigative organizations to ensure that the organizations effectively meet the demand for complex investigations and other emerging mission requirements.

(b) Implementation plan.—

(1) IN GENERAL.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a plan to implement the reforms to military criminal investigative organizations proposed by the Secretaries concerned under subsection (a) to ensure each such organization is capable of professionally investigating criminal misconduct under its jurisdiction.

(2) ELEMENTS.—The plan under paragraph (1) shall include the following:

(A) The requirements that military criminal investigative organizations must meet to effectively carry out criminal investigative and other law enforcement missions in 2022 and subsequent years.

(B) The resources that will be needed to ensure that each military criminal investigative organization can achieve its mission.

(i) whether appropriate technological investigative tools are available and accessible to such organizations; and

(ii) whether the functions of such organizations would be better supported by civilian rather than military leadership.

(D) For each military criminal investigative organization—

(i) the number of military personnel assigned to such organization;

(ii) the number of civilian personnel assigned to such organization; and

(iii) the functions of such military and civilian personnel.

(E) A description of any plans of the Secretary to develop a more professional workforce of military and civilian investigators.

(F) A proposed timeline for the reform of the military investigative organizations.

(G) An explanation of the potential benefits of such reforms, including a description of—

(i) specific improvements that are expected to result from the reforms; and

(ii) whether the reforms will improve information sharing across military criminal investigative organizations.

(H) With respect to the military criminal investigative organizations of the Army, an explanation of how the plan will—

(i) address the findings of the report of the Fort Hood Independent Review Committee, dated November 6, 2020; and

(ii) coordinate with any other internal reform efforts of the Army.

(c) Limitation on the changes to training locations.—In carrying out this section, the Secretary of Defense may not change the locations at which military criminal investigative training is provided to members of military criminal investigative organizations until—

(1) the implementation plan under subsection (b) is submitted to the appropriate congressional committees; and

(2) a period of 60 days has elapsed following the date on which the Secretary notifies the congressional defense committees of the Secretary’s intent to move such training to a different location.

(d) Definitions.—In this section:

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

(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

(2) The term “military criminal investigative organization” means each organization or element of the Department of Defense or the Armed Forces that is responsible for conducting criminal investigations, including—

(A) the Army Criminal Investigation Command;

(B) the Naval Criminal Investigative Service;

(D) the Coast Guard Investigative Service; and

(E) the Defense Criminal Investigative Service.

(3) The term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.

SEC. 529C. Measures to improve the safety and security of members of the Armed Forces.

(a) Comprehensive review of missing persons reporting.—The Secretary of Defense shall instruct the Secretary of each military department to undertake a comprehensive review of the policies and procedures of such military department for reporting members of the Armed Forces absent without leave, on unauthorized absence, or missing.

(b) Review of installation-level procedures.—The commander of each military installation shall—

(1) direct each military installation under its command to review its policies and procedures for carrying out the reporting activities described under subsection (a); and

(2) update such installation-level policies and procedures with a view towards force protection, enhanced security for members of the Armed Forces living on base, and prioritizing reporting at the earliest reasonable time to local law enforcement at all levels, and Federal law enforcement field offices with overlapping jurisdiction with that installation, when a member is determined to be missing.

(1) IN GENERAL.—The commander of each military installation shall establish a protocol for sharing information with local and Federal law enforcement agencies about members of the Armed Forces that are absent without leave, on unauthorized absence, or missing. The protocol shall provide, by memorandum of understanding or otherwise, for the commander to notify all local and Federal law enforcement agencies with jurisdiction over the immediate area of the military installation—

(A) immediately when the status of a member assigned to such installation has been changed to absent without leave, on unauthorized absence, or missing (including whether the commander determines that such member has a violent intent, based on criteria including whether a firearm is missing from such military installation); and

(B) of the status of a member described in subparagraph (A), not less than once per week after notification under such subparagraph, until the commander changes the status of such member.

(2) REPORTING TO MILITARY INSTALLATION COMMAND.—The commander of each military installation shall submit the protocol established pursuant to paragraph (1) to the relevant military installation command.

(d) Report of Chief of National Guard Bureau.—Not later than March 1, 2022, the Chief of the National Guard Bureau shall submit to the Committees on Armed Services and on the Judiciary of the Senate and House of Representatives, a report on the feasibility of implementing subsections (a), (b), and (c), with regards to facilities of the National Guard. Such report shall include a proposed timeline for such implementation and recommendations of the Chief.

SEC. 529D. Distribution of information on the availability of civilian victim services.

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

(1) require each military legal service provider to provide, to each victim referred to such provider, a list of approved civilian victim service organizations from which the victim may seek legal assistance, legal representation, or other legal services; and

(2) direct the Sexual Assault Prevention and Response Office of the Department of Defense to carry out activities to ensure the widespread distribution, throughout the Department, of information on the availability of services from civilian victim service organizations.

(b) Approval of organizations.—The Secretary of Defense, acting through the Sexual Assault Prevention and Response Office of the Department of Defense, shall establish criteria for the approval of civilian victim service organizations for inclusion on the list described in subsection (a)(1).

(1) The term “civilian victim service organization” means an organization outside the Department of Defense that is approved by the Secretary of Defense for the purpose of providing legal assistance, legal representation, or other legal services directly to a victim.

(2) The term “military legal service provider” means an individual or organization within the Department of Defense authorized to provide legal assistance, legal representation, or other legal services directly to a victim.

(3) The term “victim” means the victim of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

SEC. 529E. Report on mandatory restitution.

Not later than April 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Department's progress in evaluating the feasibility and advisability of authorizing mandatory restitution as a component of the sentence for a conviction of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

SEC. 529F. Exclusion of evidence obtained without prior authorization.

Section 271 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(d) Notwithstanding any other provision of law, any information obtained by or with the assistance of a member of the Armed Forces in violation of section 1385 of title 18, shall not be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof.”.

SEC. 529G. Report on demographics of military police and security forces citations.

(a) In general.—Not later than March 1 of each year, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a report on the demographics of citations issued by the military police and other security forces of each Armed Force.

(b) Elements.—The report required by subsection (a) shall include each of the following elements:

(1) The number of security citations issued in each Armed Force in the preceding fiscal year, disaggregated by—

(A) the offense for which the citation was issued;

(B) the race, gender, and ethnicity of the individual who was issued the citation; and

(2) An assessment of any disparities in race, gender, and ethnicity in citations issued to individuals in the preceding fiscal year.

(3) An assessment of any disparities in race, gender, and ethnicity in citations issued by individuals in the preceding fiscal year, including consideration of the race, gender, and ethnicity of the individual to whom the citation was issued.

(4) An assessment of any trends in disparities in race, gender, and ethnicity in citations over the preceding ten fiscal years.

(5) Actions taken in the preceding fiscal by the Secretary of Defense and each Secretary of a military department to address any disparities in race, gender, or ethnicity in citations issued to individuals.

(6) A plan to reduce any disparities in race, gender, or ethnicity in citations issued to individuals during the fiscal year in which the report is submitted.

(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (a); and

(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.

(d) Termination.—The requirement under this section shall terminate on December 31, 2026.

SEC. 531. Short title.

This subtitle may be cited as the “IRC implementation Act of 2021”.

SEC. 532. Special victim prosecutors.

(a) In general.—Subchapter V of chapter 47 of title 10, United States Code, is amended by inserting after section 824 (article 24 of the Uniform Code of Military Justice) the following new section:

“§ 824a. Art. 24a. Special victim prosecutors

“(a) Detail of special victim prosecutors and assistant special victim prosecutors.—Each Secretary concerned shall detail—

“(1) one commissioned officer from each armed force under the jurisdiction of such Secretary to serve as the special victim prosecutor of that armed force; and

“(2) such number of assistant special victim prosecutors as the Secretary considers appropriate to assist such special victim prosecutor.

“(b) Qualifications.—

“(1) QUALIFICATIONS OF SPECIAL VICTIM PROSECUTORS.—A special victim prosecutor shall be a commissioned officer of the armed forces who—

“(A) is in the grade of O–6 or higher;

“(B) is a judge advocate;

“(C) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and

“(D) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special victim prosecutor.

“(2) QUALIFICATIONS OF ASSISTANT SPECIAL VICTIM PROSECUTORS.—An assistant special victim prosecutor shall be a commissioned officer of the armed forces who—

“(A) has at least five years of criminal justice experience;

“(B) is a judge advocate;

“(C) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and

“(D) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as an assistant special victim prosecutor.

“(c) Duties and authorities.—

“(1) IN GENERAL.—Special victim prosecutors and assistant special victim prosecutors shall carry out the duties described in this chapter and any other duties prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security, by regulation.

“(2) CLARIFICATION OF AUTHORITY OF ASSISTANT SPECIAL VICTIM PROSECUTORS.—Except as otherwise expressly provided in this chapter, an assistant special victim prosecutor shall have the same authorities granted to a special victim prosecutor under this chapter.

“(3) DETERMINATION OF SPECIAL VICTIM OFFENSE; RELATED CHARGES.—

“(A) AUTHORITY.—A special victim prosecutor shall have exclusive authority to determine if an offense is a special victim offense and shall, upon completion of a relevant investigation, exercise authority over any such offense in accordance with this chapter.

“(B) RELATED OFFENSES.—If a special victim prosecutor determines that an offense is a special victim offense, the special victim prosecutor may also exercise authority over any reported offense that the special victim prosecutor determines to be related to the special victim offense and any other reported offense by the person alleged to have committed a special victim offense.

“(4) DISMISSAL; PREFERRAL; REFERRAL; PLEA BARGAINS.—Subject to paragraph (5), with respect to charges and specifications alleging any offense over which a special victim prosecutor exercises authority, a special victim prosecutor shall have exclusive authority to, in accordance with this chapter—

“(A) make a determination that is binding on the convening authority to prefer or refer the charges and specifications for trial by a special or general court-martial;

“(B) on behalf of the Government, dismiss the charges and specifications or make a motion to dismiss the charges and specifications;

“(C) enter into a plea agreement; and

“(D) determine if an ordered rehearing is impracticable.

“(5) DEFERRAL TO CONVENING AUTHORITY.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), if a special victim prosecutor exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special victim prosecutor, elects not to refer such charges and specifications, a convening authority may exercise any of the authorities of the convening authority under this chapter with respect to such offense.

“(B) EXCEPTION.—In exercising authority under with respect to an offense described in subparagraph (A), a convening authority may not refer charges and specifications for a special victim offense for trial by special or general court-martial.

“(d) Relevant investigation defined.—In this section, the term ‘relevant investigation’ means an investigation into an alleged offense under this chapter that is conducted by the Federal Government or a State, local, or Tribal law enforcement organization.”.

(b) Clerical amendment.—The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 824 (article 24) the following new item:

“824a. Art. 24a. Special victim prosecutors.”.

SEC. 533. Department of Defense policies with respect to special victim prosecutors and establishment of offices of special victim prosecutors within military departments.

(a) In general.—Chapter 53 of title 10, United States Code, is amended by inserting after section 1044e the following new section:

“§ 1044f. Special victim prosecutors: Department of Defense policies; establishment of Offices of Special Victim Prosecutors

“(a) Policies required.—The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish and carry out relating to the activities of special victim prosecutors, including expected milestones for the Secretaries to fully implement such mechanisms and procedures.

“(b) Military department offices of special victim prosecutors.—

“(1) ESTABLISHMENT.—Each Secretary of a military department shall establish within the office of such Secretary an Office of Special Victim Prosecutors. The head of each such Office of Special Victim Prosecutors shall be a general or flag officer of the Judge Advocate General’s Corps an armed force under the jurisdiction of such Secretary and shall report directly to the Secretary concerned without intervening authority.

“(2) ASSIGNMENT OF SPECIAL VICTIM PROSECUTORS.—Notwithstanding section 806 of this title (article 6) each special victim prosecutor and assistant special victim prosecutor detailed by a Judge Advocate General of a military department shall be assigned to an Office of Special Victim Prosecutors established by such Secretary.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1044e the following new item:

“1044f. Special victim prosecutors: Department of Defense policies; establishment of Offices of Special Victim Prosecutors.”.

SEC. 534. Definitions of military magistrate, special victim offense, and special victim prosecutor.

Section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended—

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

“(11) The term ‘military magistrate’ means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a).”.

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

“(17) The term ‘special victim offense’ means—

“(A) an offense under section 917a (article 117a), section 919a (article 119a), section 919b (article 119b), section 920 (article 120), section 925 (article 125), section 920b (article 120b), section 920c (article 120c), section 920d (article 120d), section 928b (article 128b), section 930 (article 130), section 932 (article 132), or section 934 (article 134) (as it relates to child pornography, pandering, and prostitution) of this title;

“(B) any offense under this chapter in a case in which the victim of the offense was a child who had not attained the age of 18 years as of the date of the offense;

“(C) a conspiracy to commit an offense specified in subparagraph (A) or (B) as punishable under section 881 of this title (article 81);

“(D) a solicitation to commit an offense specified in subparagraph (A) or (B) as punishable under section 882 of this title (article 82);

“(E) an attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) as punishable under section 880 of this title (article 80); or

“(18) The term ‘special victim prosecutor’ means a judge advocate detailed as the special victim prosecutor of an armed force in accordance with section 824a(a)(1) of this title (article 24a(a)(1)).

“(19) The term ‘assistant special victim prosecutor’ means a judge advocate detailed as an assistant special victim prosecutor in accordance with section 824a(a)(2) of this title (article 24a(a)(2)).”.

SEC. 535. Clarification relating to who may convene courts-martial.

(a) General courts-martial.—Section 822(b) of title 10, United States Code (article 22(b) of the Uniform Code of Military Justice), is amended—

(1) by striking “If any” and inserting “(1) If any”; and

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

“(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special victim prosecutor in accordance with this chapter.”.

(b) Special courts-martial.—Section 823(b) of title 10, United States Code (article 23(b) of the Uniform Code of Military Justice), is amended—

(1) by striking “If any” and inserting “(1) If any”; and

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

“(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special victim prosecutor in accordance with this chapter.”.

SEC. 536. Detail of trial counsel.

Section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:

“(e) For each general and special court-martial for which charges and specifications were referred by a special victim prosecutor—

“(1) a special victim prosecutor or an assistant special victim prosecutor shall be detailed as trial counsel;

“(2) a special victim prosecutor may detail a special victim prosecutor or an assistant special victim prosecutor as an assistant trial counsel; and

“(3) a special victim prosecutor may request that a counsel other than a special victim prosecutor or assistant special victim prosecutor be detailed as an assistant trial counsel.”.

SEC. 537. Preliminary hearing.

(a) Detail of hearing officer; waiver.—Subsection (a)(1) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended—

(1) in subparagraph (A), by striking “hearing officer” and all that follows and inserting “hearing officer detailed in accordance with subparagraph (C).”;

(2) in subparagraph (B), by striking “written waiver” and all that follows and inserting the following: written waiver to—

“(i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and

“(ii) with respect to charges and specifications over which the special victim prosecutor is exercising authority in accordance with section 824a of this title (article 24a), the special victim prosecutor and the special victim prosecutor determines that a hearing is not required; and”; and

(3) by adding at the end the following new subparagraph:

“(C) (i) Except as provided in clause (ii), the convening authority shall detail a hearing officer.

“(ii) If a special victim prosecutor is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special victim prosecutor shall request a military judge or military magistrate to serve as the hearing officer, and a military judge or military magistrate shall be provided, in accordance with regulations prescribed by the President.”.

(b) Report of preliminary hearing officer.—Subsection (c) of such section is amended—

(1) in the heading, by inserting “or special victim prosecutor” after “convening authority”; and

(2) in the matter preceding paragraph (1) by striking “to the convening authority” and inserting “to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special victim prosecutor, to the special victim prosecutor,”.

SEC. 538. Advice to convening authority before referral for trial.

Section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), is amended—

(1) in subsection (a)(1) in the matter preceding subparagraph (A) in the first sentence, by striking “Before referral” and inserting “Subject to subsection (c), before referral”;

(2) in subsection (b), by striking “Before referral” and inserting “Subject to subsection (c), before referral”;

(3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

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

“(c) Special victim offenses.—A referral to a general or special court-martial for trial of charges and specifications over which a special victim prosecutor exercises authority may only be made—

“(1) by a special victim prosecutor; or

“(2) by the convening authority in the case of—

“(A) charges and specifications that do not allege a special victim offense and for which a special victim prosecutor declines to prefer charges; or

“(B) charges and specifications preferred by a person other than a special victim prosecutor, for which a special victim prosecutor declines to refer charges.”; and

(5) in subsection (e), as redesignated by paragraph (3) of this section, by inserting “or, with respect to charges and specifications over which a special victim prosecutor exercises authority in accordance with section 824a of this title (article 24a), a special victim prosecutor,” after “convening authority”.

SEC. 539. Former jeopardy.

Section 844(c) of title 10, United States Code (article 44(c) of the Uniform Code of Military Justice), is amended by inserting “or the special victim prosecutor” after “the convening authority” each place it appears.

SEC. 539A. Plea agreements.

(a) Authority to enter into agreements.—Subsection (a) of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), is amended—

(1) in paragraph (1), by striking “At any time” and inserting “Subject to paragraph (3), at any time”; and

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

“(3) With respect to charges and specifications referred to court-martial by a special victim prosecutor, a plea agreement under this section may only be entered into between a special victim prosecutor and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).”.

(b) Binding effect.—Subsection (d) of such section (article) is amended by inserting after “parties” the following: “(including the convening authority and the special victim prosecutor in the case of a plea agreement entered into under subsection (a)(3))”.

SEC. 539B. Determinations of impracticality of rehearing.

(a) Transmittal and review of records.—Section 865(e)(3)(B) of title 10, United States Code (article 65(e)(3)(B) of the Uniform Code of Military Justice), is amended—

(1) by striking “Impractical.—If the Judge Advocate General” and inserting the following: Impractical.—

“(i) IN GENERAL.—Subject to clause (ii), if the Judge Advocate General”; and

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

“(ii) CASES REFERRED BY SPECIAL VICTIM PROSECUTOR.—If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impractical and shall dismiss the charges if the special victim prosecutor so determines.”.

(b) Courts of criminal appeals.—Section 866(f)(1)(C) of title 10, United States Code (article 66(f)(1)(C) of the Uniform Code of Military Justice), is amended—

(1) by striking “Impracticable.—If the Court of Criminal Appeals” and inserting the following: Impracticable.—

“(i) IN GENERAL.—Subject to clause (ii), if the Court of Criminal Appeals”; and

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

“(ii) CASES REFERRED BY SPECIAL VICTIM PROSECUTOR.—If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impracticable and shall dismiss the charges if the special victim prosecutor so determines.”.

(c) Review by the court of appeals for the armed forces.—Section 867(e) of title 10, United States Code (article 67(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: “Notwithstanding the preceding sentence, if a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impracticable and shall dismiss the charges if the special victim prosecutor so determines.”.

(d) Review by judge advocate general.—Section 869(c)(1)(D) of title 10, United States Code (article 69(c)(1)(D) of the Uniform Code of Military Justice), is amended—

(1) by striking “If the Judge Advocate General” and inserting “(i) Subject to clause (ii), if the Judge Advocate General”; and

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

“(ii) If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impractical and shall dismiss the charges if the special victim prosecutor so determines.”.

SEC. 539C. Punitive article on sexual harassment.

(a) In general.—Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 920c (article 120c) the following new section (article):

“§ 920d. Art. 120d. sexual harassment

“(a) In general.—Any person subject to this chapter who commits sexual harassment against another person shall be punished as a court-martial may direct.

“(b) Elements.—A person subject to this chapter commits sexual harassment when—

“(1) such person knowingly—

“(A) makes a sexual advance;

“(B) demands or requests a sexual favor; or

“(C) engages in other conduct of a sexual nature;

“(2) the conduct described in paragraph (1) that such person committed is unwelcome;

“(3) under the circumstances, on the basis of the record as a whole, such conduct would cause a reasonable person to—

“(A) believe that submission to, or rejection of, such conduct would be made, either explicitly or implicitly, a term or condition of a person’s military duties, job, pay, career, benefits, or entitlements;

“(B) believe that submission to, or rejection of, such conduct would be used as a basis for military career or employment decisions affecting that person; or

“(C) perceive an intimidating, hostile, or offensive duty or working environment due to the severity, repetitiveness, or pervasiveness of such conduct; and

“(4) a person, who by some duty or military-related reason works or is associated with the accused, did reasonably believe or perceive as described in subparagraph (A), (B), or (C) of paragraph (3).

“(c) Other conduct.—For purposes of subsection (b)(1)(C), whether other conduct would cause a reasonable person to believe it is of a sexual nature shall be dependent upon the circumstances of the act alleged and may include conduct that, without context, would not appear to be sexual in nature.

“(d) Location and means of act.—An act constituting sexual harassment under this section—

“(1) may occur at any location and without regard to whether the victim or accused is on or off duty at the time of the alleged act;

“(2) does not require physical proximity between the victim and the accused; and

“(3) may be transmitted through any means, including written, oral, online, or other electronic means.”.

(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 920c (article 120c) the following new item:

“920d. Art. 120d. Sexual harassment.”.

SEC. 539D. Clarification of applicability of domestic violence and stalking to dating partners.

(a) Article 128b; domestic violence.—Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended—

(1) in the matter preceding paragraph (1), by striking “Any person” and inserting the following:

“(a) In general.—Any person”.

(2) by inserting “a dating partner,” after “an intimate partner,” each place it appears; and

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

“(b) Definitions.—In this section, the terms dating partner,‘immediate family’, and ‘intimate partner’ have the meaning given such terms in section 930 of this title (article 130).”.

(b) Article 130; stalking.—Section 930 of such title (article 130 of the Uniform Code of Military Justice) is amended—

(1) in subsection (a), by striking “or to his or her intimate partner” each place it appears and inserting “to his or her intimate partner, or to his or her dating partner”;

(2) in subsection (b)—

(A) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and

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

“(3) The term ‘dating partner’, in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person, and a reasonable person would believe such a relationship exists or existed, based on—

“(A) the length of the relationship;

“(B) the type of relationship; and

“(C) the frequency of interaction between the persons involved in the relationship.”.

SEC. 539E. Effective date.

(a) In general.—Except as provided in subsection (b), the amendments made by this part shall take effect on the date that is two years after the date of the enactment of this Act and shall apply with respect to offenses that occur after that date.

(b) Regulations.—

(1) REQUIREMENT.—The President shall prescribe regulations to carry out this part not later than two years after the date of the enactment of this Act.

(2) IMPACT OF DELAY OF ISSUANCE.—If the President does not prescribe regulations to carry out this part before the date that is two years after the date of the enactment of this Act, the amendments made by this part shall take effect on the date on which such regulations are prescribed and shall apply with respect to offenses that occur on or after that date.

SEC. 539F. Sentencing reform.

(a) Article 53; findings and sentencing.—Section 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), is amended—

(1) in subsection (b), by amending paragraph (1) to read as follows:

“(1) GENERAL AND SPECIAL COURTS-MARTIAL.—Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.”;

(2) in subsection (c)—

(A) by amending paragraph (1) to read as follows:

“(1) IN GENERAL.—In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death—

“(A) the members shall determine—

“(i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or

“(ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and

“(B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).”; and

(B) in paragraph (2), by striking “the court-martial” and inserting “the military judge”.

(b) Article 53a; plea agreements.—Section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as amended by section 539A of this subtitle, is further amended—

(1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and

(2) by inserting after subsection (a) the following new subsection:

“(b) Acceptance of plea agreement.—Subject to subsections (c) and (d), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—

“(1) in the case of an offense with a sentencing parameter under section 856 of this chapter (article 56), the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and

“(2) in the case of an offense with no sentencing parameter under section 856 of this chapter (article 56), the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.”.

(c) Article 56; sentencing.—Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), is amended—

(1) in subsection (c)—

(A) in paragraph (1)—

(i) in subparagraph (C)(vii), by striking “and” at the end;

(ii) in subparagraph (D), by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following new subparagraph:

“(E) the applicable sentencing parameters or sentencing criteria prescribed under this section.”;

(B) by striking paragraphs (2) through (4) and inserting the following new paragraphs:

“(2) APPLICATION OF SENTENCING PARAMETERS IN GENERAL AND SPECIAL COURTS-MARTIAL.—

“(A) REQUIREMENT TO SENTENCE WITHIN PARAMETERS.—Except as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which there is a sentencing parameter under subsection (d), the military judge shall sentence the accused for that offense within the applicable parameter.

“(B) EXCEPTION.—The military judge may impose a sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. If the military judge imposes a sentence outside a sentencing parameter under this subparagraph, the military judge shall include in the record a written statement of the factual basis for the sentence.

“(3) USE OF SENTENCING CRITERIA IN GENERAL AND SPECIAL COURTS-MARTIAL.—In a general or special court-martial in which the accused is convicted of an offense for which there are sentencing criteria under subsection (d), the military judge shall consider the applicable sentencing criteria in determining the sentence for that offense.

“(4) OFFENSE-BASED SENTENCING IN GENERAL AND SPECIAL COURTS-MARTIAL.—In announcing the sentence under section 853 of this chapter (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.

“(5) INAPPLICABILITY TO DEATH PENALTY.—Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death.

“(6) SENTENCE OF CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE.— (A) If an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole.

“(B) An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused’s life unless—

“(i) the sentence is set aside or otherwise modified as a result of—

“(I) action taken by the convening authority or the Secretary concerned; or

“(II) any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter;

“(ii) the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or

“(iii) the accused receives a pardon or another form of Executive clemency.”;

(2) by redesignating subsection (d) as subsection (e);

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

“(d) Establishment of sentencing parameters and sentencing criteria.—

“(1) IN GENERAL.—The President shall prescribe regulations establishing sentencing parameters and sentencing criteria in accordance with this subsection. Such parameters and criteria—

“(A) shall cover sentences of confinement; and

“(B) may cover lesser punishments, as the President determines appropriate.

“(2) SENTENCING PARAMETERS.—Sentencing parameters established under paragraph (1) shall—

“(A) identify a delineated sentencing range for an offense that is appropriate for a typical violation of the offense, taking into consideration—

“(i) the severity of the offense;

“(ii) the guideline or offense category that would apply to the offense if the offense were tried in a United States district court;

“(iii) any military-specific sentencing factors; and

“(iv) the need for the sentencing parameter to be sufficiently broad to allow for individualized consideration of the offense and the accused;

“(B) include no fewer than five and no more than twelve offense categories;

“(C) assign each offense under this chapter to an offense category unless the offense is identified as unsuitable for sentencing parameters under paragraph (4)(F)(ii);

“(D) delineate the confinement range for each offense category by setting an upper confinement limit and a lower confinement limit; and

“(E) be neutral as to the race, color, religion, national origin, ethnicity, gender, gender identity, disability, sexual orientation, and socioeconomic status of offenders.

“(3) SENTENCING CRITERIA.—Sentencing criteria established under paragraph (1) shall identify offense-specific factors the military judge should consider and any collateral effects of available punishments that may aid the military judge in determining an appropriate sentence when there is no applicable sentencing parameter for a specific offense.

“(4) MILITARY SENTENCING PARAMETERS AND CRITERIA BOARD.—

“(A) IN GENERAL.—There is established within the Department of Defense a board, to be known as the ‘Military Sentencing Parameters and Criteria Board’ (referred to in this subsection as the ‘Board’).

“(B) VOTING MEMBERS.—The Board shall have five voting members, as follows:

“(i) The four chief trial judges designated under section 826(g) of this chapter (article 26(g)), except that, if the chief trial judge of the Coast Guard is not available, the Judge Advocate General of the Coast Guard may designate as a voting member a judge advocate of the Coast Guard with substantial military justice experience.

“(ii) A trial judge of the Navy, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of this chapter (article 26(g)) do not include a trial judge of the Navy.

“(iii) A trial judge of the Marine Corps, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of this chapter (article 26(g)) do not include a trial judge of the Marine Corps.

“(C) NONVOTING MEMBERS.—The Chief Judge of the Court of Appeals for the Armed Forces, the Chairman of the Joint Chiefs of Staff, and the General Counsel of the Department of Defense shall each designate one nonvoting member of the Board.

“(D) CHAIR AND VICE-CHAIR.—The Secretary of Defense shall designate one voting member as chair of the Board and one voting member as vice-chair.

“(E) VOTING REQUIREMENT.—An affirmative vote of at least three members is required for any action of the Board under this subsection.

“(F) DUTIES OF BOARD.—The Board shall have the following duties:

“(i) As directed by the President, the Board shall submit to the President for approval—

“(I) sentencing parameters for all offenses under this chapter (other than offenses that the Board identifies as unsuitable for sentencing parameters in accordance with clause (ii)); and

“(II) sentencing criteria to be used by military judges in determining appropriate sentences for offenses that are identified as unsuitable for sentencing parameters in accordance with clause (ii).

“(ii) Identify each offense under this chapter that is unsuitable for sentencing parameters. The Board shall identify an offense as unsuitable for sentencing parameters if—

“(I) the nature of the offense is indeterminate and unsuitable for categorization; and

“(II) there is no similar criminal offense under the laws of the United States or the laws of the District of Columbia.

“(iii) In developing sentencing parameters and criteria, the Board shall consider the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of this chapter (article 146(f)(2)).

“(iv) In addition to establishing parameters for sentences of confinement under clause (i)(I), the Board shall consider the appropriateness of establishing sentencing parameters for punitive discharges, fines, reductions, forfeitures, and other lesser punishments authorized under this chapter.

“(v) The Board shall regularly—

“(I) review, and propose revision to, in consideration of comments and data coming to the Board’s attention, the sentencing parameters and sentencing criteria prescribed under paragraph (1); and

“(II) submit to the President, through the Secretary of Defense, proposed amendments to the sentencing parameters and sentencing criteria, together with statements explaining the basis for the proposed amendments.

“(vi) The Board shall develop means of measuring the degree to which applicable sentencing, penal, and correctional practices are effective with respect to the sentencing factors and policies set forth in this section.

“(vii) In fulfilling its duties and in exercising its powers, the Board shall consult authorities on, and individual and institutional representatives of, various aspects of the military criminal justice system. The Board shall establish separate advisory groups consisting of individuals with current or recent experience in command and in senior enlisted positions, individuals with experience in the trial of courts-martial, and such other groups as the Board deems appropriate.

“(viii) The Board shall submit to the President, through the Secretary of Defense, proposed amendments to the rules for courts-martial with respect to sentencing proceedings and maximum punishments, together with statements explaining the basis for the proposed amendments.

“(ix) The Board may issue non-binding policy statements to achieve the Board’s purposes and to guide military judges in fashioning appropriate sentences, including guidance on factors that may be relevant in determining where in a sentencing parameter a specification may fall, or whether a deviation outside of the sentencing range may be warranted.

“(G) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board or any advisory group established by the Board.”; and

(4) in subsection (e)(1), as redesignated by paragraph (2) of this subsection—

(A) in subparagraph (A), by striking “or” at the end;

(B) by redesignating subparagraph (B) as subparagraph (C);

“(B) in the case of a sentence for an offense with a sentencing parameter under this section, the sentence is a result of an incorrect application of the parameter; or”; and

(D) in subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by striking “, as determined in accordance with standards and procedures prescribed by the President”.

(d) Article 66; courts of criminal appeals.—Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice) is amended—

(1) in subsection (d)(1)(A), by striking the third sentence; and

(2) by amending subsection (e) to read as follows:

“(e) Consideration of sentence.—

“(1) IN GENERAL.—In considering a sentence on appeal, other than as provided in section 856(e) of this chapter (article 56(e)), the Court of Criminal Appeals may consider—

“(A) whether the sentence violates the law;

“(B) whether the sentence is inappropriately severe—

“(i) if the sentence is for an offense for which there is no sentencing parameter under section 856(d) of this chapter (article 56(d)); or

“(ii) in the case of an offense with a sentencing parameter under section 856(d) of this chapter (article 56(d)), if the sentence is above the upper range of such sentencing parameter;

“(C) in the case of a sentence for an offense with a sentencing parameter under section 856(d) of this chapter (article 56(d)), whether the sentence is a result of an incorrect application of the parameter;

“(D) whether the sentence is plainly unreasonable; and

“(E) in review of a sentence to death or to life in prison without eligibility for parole determined by the members in a capital case under section 853(c) of this chapter (article 53(c)), whether the sentence is otherwise appropriate, under rules prescribed by the President.

“(2) RECORD ON APPEAL.—In an appeal under this subsection or section 856(e) of this chapter (article 56(e)), other than review under subsection (b)(2), the record on appeal shall consist of—

“(A) any portion of the record in the case that is designated as pertinent by any party;

“(B) the information submitted during the sentencing proceeding; and

“(C) any information required by rule or order of the Court of Criminal Appeals.”.

(e) Conforming amendments.—

(1) Section 863(c) of title 10, United States Code (article 63(c) of the Uniform Code of Military Justice) is amended by striking “section 856(d) of this title (article 56(d))” and inserting “section 856(e) of this chapter (article 56(e))”.

(2) Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by subsection (d), is further amended by striking “section 856(d) of this title (article 56(d))” each place it appears and inserting “section 856(e) of this chapter (article 56(e))”.

(f) Effective date.—

(1) IN GENERAL.—The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act.

(2) IMPLEMENTATION OF SENTENCING PARAMETERS AND CRITERIA.—

(A) IN GENERAL.—The President shall prescribe regulations setting forth the sentencing parameters and criteria required by subsection (d) of section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), as added by subsection (c) of this section.

(B) EFFECTIVE DATES.—The regulations under subparagraph (A) shall take effect on a date determined by the President which shall be not later than four years after the date of enactment of this Act and shall apply only to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date on which the regulations required by subparagraph (A) take effect.

(C) INTERIM AUTHORITY OF JUDGES.—If the regulations required by subparagraph (A) have not been prescribed as of the date on which the amendments made by this section take effect under paragraph (1), each sentence adjudged in accordance with the amendments made by this section and the terms of the effective date under paragraph (1) shall be made as if no sentencing parameter or criteria for that offense has been prescribed until such time as such regulations are issued that include such a sentencing parameter or criteria.

(g) Repeal of secretarial guidelines on sentences for offenses committed under the Uniform Code of Military Justice.—Section 537 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1363; 10 U.S.C. 856 note) is repealed.

SEC. 539G. Report on modification of disposition authority for offenses other than special victim offenses.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility, advisability, and potential effects of modifying chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to require that determinations as to whether to prefer or refer charges for trial by court-martial for offenses other than special victim offenses must be made by an individual outside of the chain of command of the member subject to the charges rather than by a commanding officer who is in the chain of command of the member.

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

(1) A review and reassessment of the findings of the Secretary of Defense included in the report submitted under section 540F of the National Defense Authorization Act for Fiscal year 2020 (Public Law 116–92; 133 Stat. 1367 ), taking into account the findings and recommendations of the Independent Review Commission on Sexual Assault in the Military as set forth in the report of the Commission titled “Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military”.

(2) An analysis of any effects, including positive and negative effects, that may result from the modification of disposition authority for offenses as described in subsection (a).

(1) IN GENERAL.—The Secretary of Defense shall establish an independent committee to prepare the report required by this section.

(2) MEMBERS.—Subject to paragraph (3), the committee established under paragraph (1) shall be composed of members who—

(A) are designated by the Secretary of Defense; and

(B) have expertise determined to be relevant by the Secretary

(3) LIMITATION.—No member of an Armed Force or civilian employee of the Department of Defense may serve on the committee established under paragraph (1).

(d) Special victim offense defined.—In this section, the term “special victim offense” means an offense specified in section 801(17) of title 10, United States Code (article 1(17) of the Uniform Code of Military Justice), as added by section 534 of this subtitle.

SEC. 539H. Report on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on status of the implementation of the recommendations specified in subsection (c).

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

(1) A description of the status of the implementation of each recommendation specified in subsection (c), including—

(A) whether, how, and to what extent the recommendation has been implemented;

(B) any rules, regulations, policies, or other guidance that have been issued, revised, changed, or cancelled as a result of the implementation of the recommendation; and

(2) For each recommendation specified in subsection (c) that has not been fully implemented or superseded by statute as of the date of the report, a plan for the implementation of the recommendation, including identification of—

(A) intermediate actions, milestone dates, and the expected completion date for implementation of the recommendation; and

(B) any rules, regulations, policies, or other guidance that are expected to be issued, revised, changed, or cancelled as a result of the implementation of the recommendation.

(3) Any statutory changes identified as necessary to fully implement the recommendations specified in subsection (c).

(c) Recommendations specified.—The recommendations specified in this subsection are the following, as set forth in the report of the Independent Review Commission on Sexual Assault in the Military titled “Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military”, and dated July 2, 2021:

(1) Each recommendation under the heading “Line of Effort 1: Accountability” as set forth in section III such report.

(2) Each recommendation under the heading “Line of Effort 2: Prevention” as set forth in section III such report.

(3) Each recommendation under the heading “Line of Effort 3: Climate and Culture” as set forth in section III of such report.

(4) Each recommendation under the heading “Line of Effort 4: Victim Care and Support” as set forth in section III of such report.

SEC. 539I. Report on implementation of recommendations and other activities to address racial, ethnic, and gender disparities in the military justice system.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on status of the Secretary’s efforts—

(1) to implement the recommendations set forth in the May 2019 report of the Government Accountability Office titled “Military Justice: DOD and the Coast Guard Need to Improve Their Capabilities to Assess Racial and Gender Disparities” (GAO–19–344); and

(2) to carry out the activities required under section 540I(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1369; 10 U.S.C. 810 note).

SEC. 539J. Plan for development and management of the gender advisor workforce.

(a) Plan required.—The Secretary of Defense shall develop and implement a plan to institutionalize the gender advisor workforce of the Department of Defense responsible for supporting the implementation of the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202).

(b) Elements.—The plan under subsection (a) shall include:

(1) Plans for the development and management of the gender advisor workforce, including plans for the training, certification, assignments, and career development of the personnel of such workforce.

(2) The actions the Secretary of Defense will carry out to elevate, develop, define, and standardize the gender advisor workforce in accordance with recommendation 3.4(a) of the report of the Independent Review Commission on Sexual Assault in the Military titled “Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military” and dated July 2, 2021.

(3) Development of or modifications to guidance, policy, professional military education, and doctrine to define and standardize the gender advisor program with a focus on incorporating the principles outlined in the plan of the Department of Defense titled “Women, Peace, and Security Strategic Framework and Implementation Plan” and dated June 2020, or any successor plan.

(4) Identification of training and education requirements for members of the Armed Forces and civilian employees of the Department of Defense, including general and flag officers and members of the senior executive service, on the role of the gender advisor workforce and the principles outlined in plan referred to in paragraph (3), or any successor plan.

(5) The funds, resources, and authorities needed to establish and develop the gender advisor role into a full-time, billeted, and resourced position across organizations within the Department of Defense, including the military departments, the Armed Forces, the combatant commands, Defense Agencies, and Department of Defense Field Activities.

(6) Developing and standardizing position descriptions of the gender advisor workforce, including gender advisors and gender focal points, across organizations within the Department, including the military departments, the Armed Forces, the combatant commands, Defense Agencies, and Department of Defense Field Activities.

(7) An assessment and review of the Department’s existing training programs for gender advisors and gender focal points.

(8) Actions to adapt gender analysis (as defined in section 3 of the Women’s Entrepreneurship and Economic Empowerment Act (Public Law 115–428; 22 U.S.C. 2151–2)) to fit the needs of the Department of Defense and to incorporate such analysis into the work of gender advisors and other personnel identified as part of the gender advisor workforce.

(9) The actions the Secretary will carry out to incorporate the total amount of expenditures and proposed appropriations necessary to support the program, projects, and activities of the gender advisor workforce into the future years defense program, as submitted to Congress under section 221 of title 10, United States Code.

(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 congressional committees a report detailing the plan developed under subsection (a) and the Secretary’s progress in implementing such plan.

(d) Briefing.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the report under subsection (c) detailing the plan developed under subsection (a) and the Secretary’s progress in implementing such plan.

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 541. Independent investigation of complaints of sexual harassment.

(a) In general.—Section 1561 of title 10, United States Code, is amended to read as follows:

“§ 1561. Complaints of sexual harassment: independent investigation

“(a) Action on complaints alleging sexual harassment.—A commanding officer or officer in charge of a unit, vessel, facility, or area of an armed force, who receives, from a member of the command or a member under the supervision of the officer, a formal complaint alleging sexual harassment by a member of the armed forces shall, as soon as practicable after such receipt, forward the complaint to an independent investigator.

“(b) Commencement of investigation.—To the extent practicable, an independent investigator shall commence an investigation of a formal complaint of sexual harassment not later than 72 hours after—

“(1) receiving a formal complaint of sexual harassment forwarded by a commanding officer or officer in charge under subsection (a); or

“(2) receiving a formal complaint of sexual harassment directly from a member of the armed forces.

“(c) Duration of investigation.—To the extent practicable, an investigation under subsection (b) shall be completed not later than 14 days after the date on which the investigation commences.

“(d) Report on investigation.—

“(1) If the investigation cannot be completed within 14 days, not later than the 14th day after the investigation commences, and every 14 days thereafter until the investigation is complete, the independent investigator shall submit to the officer described in subsection (a) a report on the progress made in completing the investigation.

“(2) To the extent practicable, and as soon as practicable upon completion of the investigation, the officer described in subsection (a) shall notify the complainant of the final results of the investigation, including any action taken, or planned to be taken, as a result of the investigation.

“(e) Definitions.—In this section:

“(1) The term ‘formal complaint’ means a complaint—

“(A) that an individual files in writing; and

“(B) in which the individual attests to the accuracy of the information contained in the complaint.

“(2) The term ‘independent investigator’ means a member of the armed forces or a civilian employee of the Department of Defense or the Coast Guard who—

“(A) is outside the chain of command of the complainant and the subject of the investigation; and

“(B) is trained in the investigation of sexual harassment, as determined by—

“(i) the Secretary concerned, in the case of a member of the armed forces;

“(ii) the Secretary of Defense, in the case of a civilian employee of the Department of Defense; or

“(iii) the Secretary of Homeland Security, in the case of a civilian employee of the Coast Guard.

“(3) In this section, the term ‘sexual harassment’ means any of the following:

“(A) Conduct that—

“(i) involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when—

“(I) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career;

“(II) submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or

“(III) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment; and

“(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive.

“(B) Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a member of the armed forces or a civilian employee of the Department of Defense or the Coast Guard.

“(C) Any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any member of the armed forces or civilian employee of the Department of Defense or the Coast Guard.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 80 of title 10 United States Code is amended by striking the item relating to section 1561 and inserting the following new item:

“1561. Complaints of sexual harassment: independent investigation.”.

(1) take effect on the date that is two years after the date of the enactment of this Act; and

(2) apply to any investigation of a formal complaint of sexual harassment (as those terms are defined in section 1561 of title 10, United States Code, as amended by subsection (a)) made on or after that date.

(d) Report on implementation.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report on preparation of that Secretary to implement section 1561 of title 10, United States Code, as amended by subsection (a).

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term “appropriate congressional committees” means—

(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

SEC. 542. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial.

Section 549 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 806b note) is amended—

(1) in the section heading, by striking “alleged sexual assault” and inserting “alleged sex-related offense”;

(2) by striking “Under regulations” and inserting “Notwithstanding section 552a of title 5, United States Code, and under regulations”;

(3) by striking “alleged sexual assault” and inserting “an alleged sex-related offense (as defined in section 1044e(h) of title 10, United States Code)”; and

(4) by adding at the end the following new sentence: “Upon such final determination, the commander shall notify the victim of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the commander determines to be relevant.”

SEC. 543. Modifications to annual report regarding sexual assaults involving members of the Armed Forces.

(a) Elimination of sunset and inclusion of demographic information.—

(1) IN GENERAL.—Section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended—

(A) in subsection (a), by striking “through March 1, 2021” and inserting “through March 1, 2026”; and

(B) in subsection (b)—

(i) in paragraph (3), by inserting “the race and ethnicity of the victim and accused,” before “the action”; and

(ii) in paragraph (13)(B), by inserting “, including the race and ethnicity of the victim and accused” before the period at the end.

(2) APPLICABILITY.—The amendments made by paragraph (1) shall apply with respect to reports required to be submitted under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) after the date of the enactment of this Act.

(b) Additional prevalence data.—

(1) IN GENERAL.—Paragraph (8) of section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended to read as follows:

“(8) An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by units, commands and other competent authorities, and installations during the year covered by the report, including trends relating to—

“(A) the prosecution of incidents and avoidance of incidents; and

“(B) the prevalence of incidents, set forth separately for—

“(i) each installation with 5,000 or more servicemembers;

“(ii) the major career fields of any individuals involved in such incidents, including the fields of combat arms, aviation, logistics, maintenance, administration, and medical; and

“(iii) in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents.”.

(2) APPLICABILITY.—The amendment made by paragraph (1) shall apply with respect to reports required to be submitted under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) after January 1, 2023.

SEC. 544. Civilian positions to support Special Victims’ Counsel.

(a) Civilian support positions.—Each Secretary of a military department may establish one or more civilian positions within each office of the Special Victims’ Counsel under the jurisdiction of such Secretary.

(b) Duties.—The duties of each position under subsection (a) shall be—

(1) to provide support to Special Victims’ Counsel, including legal, paralegal, and administrative support; and

(2) to ensure the continuity of legal services and the preservation institutional knowledge in the provision of victim legal services notwithstanding transitions in the military personnel assigned to offices of the Special Victims’ Counsel.

(c) Special Victims’ Counsel defined.—In this section, the term “Special Victims’ Counsel” means Special Victims’ Counsel described in section 1044e of title 10, United States Code, and in the case of the Navy and Marine Corps, includes counsel designated as “Victims’ Legal Counsel”.

SEC. 545. Feasibility study on establishment of clearinghouse of evidence-based practices to prevent sexual assault, suicide, and other harmful behaviors among members of the Armed Forces and military families.

(a) Study.—The Secretary of Defense shall study the feasibility of establishing a single, centralized clearinghouse of evidence-based practices to support the health and well-being of members of the Armed Forces and military families. and reduce harmful behaviors, through the following activities:

(1) Establishment evidentiary standards to provide a common frame of reference for assessing the strength of research evidence.

(2) In consultation with nondepartmental experts, identification of health and well-being domains of interest, including the prevention of—

(A) sexual assault;

(B) harassment;

(D) workplace violence; and

(E) suicide.

(3) Provision of practical guidance about the effectiveness of evidence-based practices, including how they can be implemented and steps for monitoring implementation and changes in behavior.

(b) Report.—Not later than six months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report containing the results of the feasibility study under subsection (a) and related recommendations of the Secretary.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The Committee on Armed Services of the House of Representatives.

(2) The Committee on Armed Services of the Senate.

(3) The Committee on Transportation and Infrastructure of the House of Representatives.

(4) The Committee on Commerce, Science, and Transportation of the Senate.

SEC. 546. Annual report regarding sexual assaults involving members of the Army National Guard and the Air National Guard.

(a) Annual reports.—Not later than one year after the date of the enactment of this Act, and on an annual basis thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding sexual assaults involving members of the Army National Guard and the Air National Guard.

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

(1) The number of sexual assaults committed against members of the Army National Guard and the Air National Guard that were reported to military officials during the year covered by the report, and the number of cases that were substantiated.

(2) The number of sexual assaults committed by members of the Army National Guard or the Air National Guard that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated.

(3) A synopsis of each such substantiated case, organized by offense, and, for each such case, the action taken in the case, including the type of disciplinary or administrative sanction imposed, if any, including courts-martial sentences, nonjudicial punishments administered by commanding officers pursuant to section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), and administrative separations.

(4) The policies, procedures, and processes implemented by the Chief of the National Guard Bureau during the year covered by the report in response to incidents of sexual assault involving members of the Army National Guard or the Air National Guard.

(c) Presentation of certain information.—The information required under paragraphs (1) and (2) of subsection (b) shall be set forth separately for each such paragraph and may not be combined.

(d) Consultation.—In preparing each report under subsection (a), the Secretary of Defense shall consult with—

(1) Under Secretary of Defense for Personnel and Readiness;

(2) the Chief of the National Guard Bureau; and

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

SEC. 551. Training on consequences of committing a crime in preseparation counseling of the Transition Assistance Program.

(a) Establishment.—Subsection (b) of section 1142 of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(20) Training regarding the consequences to such a member who is convicted of a crime, specifically regarding the loss of benefits from the Federal Government to such member.”.

(b) Implementation date.—The Secretary concerned shall carry out paragraph (20) of such subsection, as added by subsection (a), not later than one year after the date of the enactment of this Act.

(d) Progress briefing.—Not later than 180 days of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives regarding progress of the Secretary in preparing the training under such paragraph.

SEC. 552. Amendments to pathways for counseling in the Transition Assistance Program.

Section 1142(c)(1) of title 10, United States Code, is amended—

(1) in subparagraph (E), by striking “Disability” and inserting “Potential or confirmed medical discharge of the member”;

(2) in subparagraph (F), by striking “Character” and all that follows and inserting “Potential or confirmed involuntary separation of the member.”;

(3) by redesignating subparagraph (M) as subparagraph (R); and

(4) by inserting after subparagraph (L) the following:

“(M) Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program).

“(N) The employment status of other adults in the household of the member.

“(O) The location of the duty station of the member (including whether the member was separated from family while on duty).

“(P) The effects of operating tempo and personnel tempo on the member and the household of the member.

“(Q) Whether the member is an Indian or urban Indian, as those terms are defined in section 4 of the Indian Health Care Improvement Act (Public Law 94–437; 25 U.S.C. 1603).”.

SEC. 553. Participation of members of the reserve components of the Armed Forces in the Skillbridge program.

Section 1143(e)(2) of title 10, United States Code, is amended to read as follows:

“(2) A member of the armed forces is eligible for a program under this subsection if—

“(A) the member—

“(i) has completed at least 180 days on active duty in the armed forces; and

“(ii) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program; or

“(B) the member is a member of a reserve component.”.

SEC. 554. Expansion and codification of matters covered by diversity training in the Department of Defense.

(a) In general.—Chapter 101 of title 10, United States Code, is amended by inserting before section 2002 the following new section:

“§ 2001. Human relations, diversity, equity, and inclusion training

“(a) Human relations, diversity, equity, and inclusion training.—

“(1) The Secretary shall ensure that the Secretary of a military department conducts ongoing training programs regarding human relations, diversity, equity, and inclusion for all covered individuals under the jurisdiction of the Secretary of a military department. Such training shall be tailored to specific leadership levels and local area requirements.

“(2) Matters to be covered by such training include the following:

“(A) Racism.

“(B) Discrimination on the basis of sex (including pregnancy, status as a nursing mother, sexual orientation, and gender identity).

“(C) Discrimination on the basis of age.

“(D) Discrimination on the basis of religion.

“(E) Discrimination on the basis of national origin.

“(F) Discrimination on the basis of color.

“(G) Discrimination on the basis of parental status.

“(H) Conscious and unconscious bias.

“(I) Discrimination based on disability, both physical and mental.

“(J) Failure to provide a reasonable accommodation.

“(K) Whistleblowers and information regarding how to file an equal opportunity complaint.

“(L) Reprisal.

“(M) Harassment and hostile environment.

“(N) Procedures for reporting and obtaining relief for discrimination, retaliation, hostile work environment with respect to each component of the workforce.

“(O) Procedures for appealing Equal Opportunity and Equal Employment Opportunity complaints with respect to each component of the workforce.

“(P) Any other matter the Secretary of Defense determines appropriate.

“(3) Such training shall be provided during the following:

“(A) Initial entry training.

“(B) Annual refresher training.

“(C) Professional military education.

“(D) Peer education.

“(E) Specialized leadership training.

“(F) Any other time the Secretary of Defense determines appropriate.

“(4) The Secretary of Defense shall ensure that such measures are taken to provide appropriate metrics and measurement of these efforts.

“(5) The Secretary of Defense shall ensure that unit commanders are aware of their responsibility to ensure that activity based upon discriminatory motives does not occur in units under their command.

“(b) Information provided to prospective recruits.—The Secretary of Defense shall ensure that a covered individual preparing to enter an officer accession program or to execute an original enlistment agreement or serve as a civilian employee—

“(1) is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces, including conduct expected under such oath; and

“(2) is informed that if supporting such guarantees is not possible personally for that covered individual, then that covered individual should decline to join the Armed Forces.

“(c) Covered individual defined.—In this section, the term ‘covered individual’ includes—

“(1) a member of the Armed Forces;

“(2) a civilian employee of the Department; and

“(3) a contractor or sub-contractor providing support to the Department.”.

(b) Technical and conforming amendments.—

(1) TECHNICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2002 the following new item:

“2001. Human relations, diversity, equity, and inclusion training.”.

(2) CONFORMING AMENDMENT.—Section 571 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 113 note) is repealed.

SEC. 555. Expansion of Junior Reserve Officers’ Training Corps program.

(a) Expansion of JROTC curriculum.—Paragraph (3) of section 2031(b) of title 10, United States Code, is amended to read as follows:

“(3) the institution provides a course of military instruction of not less than three academic years' duration, as prescribed by the Secretary of the military department concerned—

“(A) which shall include an introduction to service opportunities in military, national, and public service; and

“(B) which may include instruction or activities in the fields of science, technology, engineering, and mathematics;”.

(b) Plan to increase number of JROTC units.—The Secretary of Defense may, in consultation with the Secretaries of the military departments, develop and implement a plan to establish and support not fewer than 6,000 units of the Junior Reserve Officers’ Training Corps by September 30, 2031.

(c) Report required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the Junior Reserve Officers’ Training Corps programs of each Armed Force. The report shall include—

(1) an assessment of the current usage of the program, including the number of individuals enrolled in the program, the demographic information of individuals enrolled in the program, and the number of units established under the program;

(2) a description of the efforts of the Armed Forces to meet current enrollment targets for the program;

(3) an explanation of the reasons such enrollment targets have not been met, if applicable;

(4) a description of any obstacles preventing the Armed Forces from meeting such enrollment targets;

(5) a comparison of the potential benefits and drawbacks of expanding the program; and

(6) a description of program-wide diversity and inclusion recruitment and retention efforts.

SEC. 556. Defense Language Institute Foreign Language Center.

(a) Authority to award bachelor’s degrees.—Section 2168 of title 10, United States Code, is amended—

(1) in the section heading, by striking “Associate” and inserting “Associate or Bachelor”; and

(2) by amending subsection (a) to read as follows:

“(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—

“(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or

“(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item:

“2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language.”.

SEC. 557. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a member of Congress.

(a) United States Military Academy.—

(1) IN GENERAL.—Chapter 753 of title 10, United States Code, is amended by inserting after section 7442 the following new section:

“§ 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate

“(a) Senators.—In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 7442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

“(b) Representatives.—In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 7442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

“(c) Construction of authority.—Any nomination for cadets made by a Senator pursuant to this section is in addition to any nomination for cadets otherwise authorized the Senator under section 7442 of this title or any other provision of law.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 753 of such title is amended by inserting after the item relating to section 7442 the following new item:

“7442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate.”.

(b) United States Naval Academy.—

(1) IN GENERAL.—Chapter 853 of title 10, United States Code, is amended by inserting after section 8454 the following new section:

“§ 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate

“(a) Senators.—In the event a Senator does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

“(b) Representatives.—In the event a Representative from a State does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

“(c) Construction of authority.—Any nomination for midshipmen made by a Senator pursuant to this section is in addition to any nomination for midshipmen otherwise authorized the Senator under section 8454 of this title or any other provision of law.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 853 of such title is amended by inserting after the item relating to section 8454 the following new item:

“8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate.”.

(1) IN GENERAL.—Chapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section:

“§ 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate

“(a) Senators.—In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 9442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

“(b) Representatives.—In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 9442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

“(c) Construction of authority.—Any nomination for cadets made by a Senator pursuant to this section is in addition to any nomination of cadets otherwise authorized the Senator under section 9442 of this title or any other provision of law.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 953 of such title is amended by inserting after the item relating to section 9442 the following new item:

“9442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate.”.

(d) Report.—Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding implementation of the amendments under this section, including—

(1) the estimate of the Secretary regarding the frequency with which the authorities under such amendments will be used each year; and

(2) the number of times a Member of Congress has failed to submit nominations to the military academies due to death, resignation from office, or expulsion from office.

SEC. 558. Votes required to call a meeting of the Board of Visitors of a military service academy.

(a) United States Military Academy.—Section 7455 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(i) A majority of the members of the Board may call an official meeting of the Board at any time.”.

(b) United States Naval Academy.—Section 8468 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(i) A majority of the members of the Board may call an official meeting of the Board at any time.”.

(c) United States Air Force Academy.—Section 9455 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(i) A majority of the members of the Board may call an official meeting of the Board at any time.”.

SEC. 559. United States Naval Community College.

(a) Establishment.—Chapter 859 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 8595. United States Naval Community College: establishment and degree granting authority

“(a) Establishment and function.—There is a United States Naval Community College. The primary function of such College shall be to provide—

“(1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in—

“(A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and

“(B) their practical duties;

“(2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1);

“(3) support and advisement services for individuals pursuing such programs; and

“(4) continuous monitoring of the progress of such individuals.

“(b) Individuals eligible for programs.—Subject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a):

“(1) Enlisted members of the Navy and Marine Corps.

“(2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree.

“(3) Civilian employees of the Department of the Navy.

“(4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is—

“(A) in alignment with the mission of the United States Naval Community College; and

“(B) determined to support the mission or needs of the Department of the Navy.

“(c) Degree and credential granting authority.—

“(1) IN GENERAL.—Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements.

“(2) LIMITATION.—A degree or credential may not be conferred under this subsection unless—

“(A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

“(B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education.

“(3) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—

“(A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

“(i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

“(ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority.

“(B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

“(C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential.

“(d) Civilian faulty members.—

“(1) AUTHORITY OF SECRETARY.—The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary.

“(2) COMPENSATION.—The compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 859 of title 10, United States Code, is amended by adding at the end the following new item:

“8595. United States Naval Community College: establishment and degree granting authority.”.

SEC. 559A. Codification of establishment of United States Air Force Institute of Technology.

(a) In general.—Chapter 951 of title 10, United States Code, is amended by inserting before section 9414 the following new section:

“§ 9413. United States Air Force Institute of Technology: establishment

“There is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting, before the item relating to section 9414, the following new item:

“9413. United States Air Force Institute of Technology: establishment.”.

SEC. 559B. Clarifications regarding scope of employment and reemployment rights of members of the uniformed services.

(a) Clarification regarding definition of rights and benefits.—Section 4303(2) of title 38, United States Code, is amended—

(1) by inserting “(A)” before “The term”; and

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

“(B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter.”.

(b) Clarification regarding relation to other law and plans for agreements.—Section 4302 of such title is amended by adding at the end the following:

“(c) (1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.

“(2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.”.

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

Section 565 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 8431 note prec.) is amended—

(1) in the heading, by inserting “and Officer Candidates School” after “Depots”;

(2) in subsection (a)(1)—

(A) by striking “training” and inserting “no training platoon”; and

(B) by striking “not”;

(3) in subsection (b)(1)—

(A) by striking “training” and inserting “no training platoon”; and

(B) by striking “not”; and

(4) by adding at the end the following new subsections:

“(c) New location.—No training platoon at a Marine Corps recruit depot established after the date of the enactment of this Act may be segregated based on gender.

“(d) Officer Candidates School.—

“(1) PROHIBITION.—Subject to paragraph (2), training at Officer Candidates School, Quantico, Virginia, may not be segregated based on gender.

“(2) DEADLINE.—The Commandant of the Marine Corps shall carry out this subsection not later than five years after the date of the enactment of this Act.”.

SEC. 559D. Requirement to issue regulations ensuring certain parental guardianship rights of cadets and midshipmen.

(a) Regulations required.—

(1) IN GENERAL.—Each Secretary concerned shall prescribe by regulation policies ensuring that the parental guardianship rights of cadets and midshipmen are protected consistent with individual and academic responsibilities.

(2) PROTECTION OF PARENTAL GUARDIANSHIP RIGHTS.—The regulations prescribed under paragraph (1) shall provide that—

(A) a cadet or midshipman of a covered service academy may not be required to give up such cadet or midshipman’s parental guardianship rights in the event of a pregnancy occurring after the beginning of such cadet or midshipman's first day of academic courses;

(B) except as provided under paragraph (3), a covered service academy may not involuntarily dis-enroll a cadet or midshipman who becomes pregnant or fathers a child while enrolled at such academy after the first day of academic courses; and

(C) a cadet or midshipman who becomes pregnant or fathers a child while enrolled at a covered service academy shall be allowed to take leave for up to one year and return to the academy to resume classes afterward.

(3) RESPONSIBILITIES OF PARENTS ENROLLED AT COVERED SERVICE ACADEMIES.—The regulations prescribed under paragraph (1) shall require cadets and midshipmen with dependents to establish a family care plan in consultation with and approved by appropriate academy leadership. The family care plan shall—

(A) designate a full-time care provider, such as another parent or guardian of the dependent or a family member of the cadet or midshipman, who shall—

(i) be responsible for the dependent;

(ii) not be enrolled at a covered service academy; and

(iii) have either full power-of-attorney or guardianship rights in order to prevent situations where such cadet or midshipman is pulled away from such cadet or midshipman’s duties and responsibilities at the covered service academy;

(B) ensure that such cadet or midshipman—

(i) does not rely on base facilities or child-care services and is able to function as any other cadet or midshipman, including residing in covered service academy dormitories;

(ii) except as provided under paragraphs (4) and (5)(B)(i), does not receive additional compensation benefits or concessions from the covered service academy on account of having a dependent, including money, leave, or liberty;

(iii) is not be excused on account of such dependent from standard classes, training, traveling, fitness requirements, or any other responsibilities inherent to attending a covered service academy; and

(C) ensure, that if both parents of a dependent are cadets or midshipmen at a covered service academy, the parents shall agree on the family care plan or face expulsion (with no incurred obligations).

(4) OPTIONS FOR PREGNANT CADETS AND MIDSHIPMEN.—The regulations prescribed under paragraph (1) shall provide that females becoming pregnant while enrolled at a covered service academy shall have, at a minimum, the following options:

(A) At the conclusion of the current semester or when otherwise deemed medically appropriate, taking leave from the covered service academy for up to one year followed by a return to full cadet or midshipman status.

(B) Seek a transfer to a university with a Reserve Officers’ Training Corps for the Armed Force under the military department concerned.

(D) Enlistment in active-duty service, with all of the attendant benefits.

(5) TREATMENT OF MALES FATHERING A CHILD WHILE ENROLLED AT COVERED SERVICE ACADEMIES.—The regulations prescribed under paragraph (1) shall provide that males fathering a child while enrolled at a covered service academy—

(A) shall not be required to give up parental rights; and

(B) shall not acquire any benefits or leave considerations as a result of fathering a child, except that—

(i) academy leadership shall establish policies to allow cadets and midshipmen at least one week of leave to attend the birth of such child, which must be used in conjunction with the birth; and

(ii) in the event the male father becomes the sole financial provider for a dependent, the academy shall provide the father the same options available to a cadet or midshipman who becomes a mother while enrolled, including remaining enrolled in accordance with a family care plan established pursuant to paragraph (3) or selecting one of the options specified in subparagraphs (B) and (C) of paragraph (4).

(6) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as requiring or providing for the changing of admission requirements at any of the covered service academies.

(b) Definitions.—In this section:

(1) The term “covered service academy” means the following:

(A) The United States Military Academy, West Point, New York.

(B) The United States Naval Academy, Annapolis, Maryland.

(D) The United States Coast Guard Academy, New London, Connecticut.

(E) The United States Merchant Marine Academy, Kings Point, New York.

(2) The term “Secretary concerned” means—

(A) with respect to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Superintendent of each such academy;

(B) with respect to the United States Coast Guard Academy, the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard and the Superintendent of the Coast Guard Academy; and

(C) with respect to the United States Merchant Marine Academy, the Secretary of Transportation, in consultation with the Administrator of the Maritime Administration and the Superintendent of the Merchant Marine Academy.

SEC. 559E. Defense language continuing education program.

(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall coordinate with the Director of the Defense Intelligence Agency to designate an executive agent for commercially available advanced foreign language training to meet operational readiness requirements of the Department of Defense.

(b) Elements.—The executive agent designated in subsection (a) shall be responsible for the following:

(1) Developing policies, procedures, and curricula to allow for continuing language training when linguists transition to operational environments from education or training environments, such as the Defense Language Institute, the Defense Language and National Security Education Office, or service-based training.

(2) Identifying the resourcing requirements necessary for each armed force to have access to the following foreign language training elements:

(A) A foreign language and current culture training and maintenance virtual immersion program covering strategic languages (as designated by the Federal Government), with a range of multimedia materials including—

(i) current and authentic copyrighted multimedia content (video, audio, print, etc.), in multiple genres, that have been cleared for legal use;

(ii) foreign-originated newscasts and interviews with foreign speakers; and

(iii) any other content determined by the executive agent to be necessary for personnel to acquire proper vocabulary, phraseology, and enhanced understanding of the nuances associated with foreign cultures.

(B) Anytime accessibility, both on-line and via mobile device.

(C) Training programs with success proven by previous partnerships with academic institutions in the United States or other departments and agencies of the Federal Government.

(c) Reimbursement authority.—Not later than 180 days after the date of the enactment of this Act, the executive agent, in coordination with the chief of each covered Armed Force, shall establish a procedure through which the Armed Force shall reimburse any organization of the Department of Defense that provides instruction under this section to members of that Armed Force for the costs of such instruction.

(d) Covered Armed Force defined.—In this section, the term “covered Armed Force” means the Army, Navy, Air Force, Marine Corps, and Space Force.

SEC. 559F. Public-private consortium to improve professional military education.

(a) Establishment.—The Secretary of Defense, acting through the Chairman of the Joint Chiefs of Staff and in consultation with the Under Secretary of Defense for Personnel and Readiness, may establish and maintain a public-private consortium (referred to in this section as the “Consortium”) to improve and broaden professional military education for military officers and civilian employees of the Federal Government.

(b) Directors.—

(1) IN GENERAL.—The President of the National Defense University and the head of a civilian institution of higher education appointed in accordance with paragraph (3) shall serve as co-directors of the Consortium.

(2) RESPONSIBILITIES OF CO-DIRECTORS.—The co-directors shall be responsible for—

(A) the administration and management of the Consortium; and

(B) developing a common curriculum for professional military education using input received from members of the Consortium.

(3) APPOINTMENT OF CO-DIRECTOR FROM CIVILIAN INSTITUTION.—Not later than June 1, 2022, the Secretary of Defense shall appoint an individual who is the President or Chancellor of a civilian institution of higher education to serve as co-director of the Consortium as described in paragraph (1).

(4) TERM OF CO-DIRECTOR.—The co-director appointed under paragraph (3) shall serve an initial term of five years. The Secretary of Defense may reappoint such co-director for one or more additional terms of not more than five years, as the Secretary determines appropriate.

(5) AUTHORITY.—In the event that a conflict arises between co-directors of the Consortium, the conflict shall be resolved by the Director for Joint Force Development of the Joint Chiefs of Staff (J–7).

(1) Bring the military education system (including military service academies, institutions that provide professional military education, and other institutions the provide military education) together with a broad group of civilian institutions of higher education, policy research institutes, and the commercial sector to develop and continually update a research-based curriculum to prepare early career, mid-career, and senior military officers and civilian employees of the Federal Government to succeed in an era that will be predominantly defined by great power competition and in which security challenges will transcend the traditional areas of defense expertise, becoming more complex and inter-related than before, with disruptions that will manifest rapidly and with little warning.

(2) Train military officers and civilian educators serving in the joint professional military education system to implement the curriculum developed under paragraph (2) at the institutions they serve.

(3) On a regular basis, make recommendations to the Secretary about how the joint professional military education system should be modified to meet the challenges of apparent or possible future defense, national security, and international environments.

(d) Members.—The Consortium shall be composed of representatives selected by the Secretary of Defense from the following organizations:

(1) Organizations within the joint professional military education system.

(2) Military service academies.

(3) Other institutions of the Federal Government that provide military education.

(4) Civilian institutions of higher education.

(5) Private sector and government policy research institutes.

(6) Organizations in the commercial sector, including organizations from the industrial, finance, and technology sectors.

(e) Annual report.—Not later than September 30, 2023, and annually thereafter, the co-directors of the Consortium shall submit to the Secretary of Defense and the appropriate congressional committees a report that describes the activities carried out by the Consortium during the preceding year.

(f) Definitions.—In this section:

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

(A) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and

(B) the Committee on Armed Services and the Committee on the Environment and Public Works of the Senate.

(2) The term “civilian institution of higher education” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that is not owned or controlled by the Federal Government.

SEC. 559G. Standards for training of surface warfare officers and enlisted members.

(a) Establishment.—Not later than September 30, 2022, the Secretary of the Navy shall establish standards and procedures (subject to subsection (b)) by which a Navy surface warfare officer or enlisted member of the Navy who serves in a bridge or engine department may be issued a merchant mariner credential in accordance with part E of subtitle II of title 46, United States Code, including—

(1) a merchant mariner credential with a national officer endorsement under section 10.109(a) of title 46, Code Federal Regulations, as in effect on the date of the enactment of this Act;

(2) a national rating endorsement under subsection (b) or (c) of section 10.109 of such title; or

(3) a Standards of Training, Certification, and Watchkeeping endorsement under section 10.109 (d) of such title.

(b) Stringency.—In no case shall the standards described in subsection (a) be less stringent than the standards applied by the Army, Military Sealift Command, or Coast Guard vessel operators.

(c) Report.—Upon establishment under subsection (a), the Secretary of the Navy shall submit to the appropriate congressional committees a report that updates the military-to-mariner transition provided in response to section 568 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) that includes—

(1) a description of the how the training program for surface warfare officers exceeds the minimum requirements for a merchant mariner credential with an appropriate endorsement—

(A) meets the requirements for a merchant mariner credential with an appropriate endorsement; and

(B) exceeds such requirements;

(2) a list of the proposed naval curriculum courses that have been submitted to the National Maritime Center for course credentialing approval; and

(3) a timeline for—

(A) all personnel described in subsection (b)(1) to be qualified to be issued merchant mariner credentials with national officer and ratings endorsements; and

(B) 50 percent of such personnel to receive such credential with Standards of Training, Certification, and Watchkeeping endorsement.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The congressional defense committees (as that term is defined in section 101 of title 10, United States Code).

(2) The Committee on Transportation and Infrastructure of the House of Representatives.

(3) The Committee on Commerce, Science, and Transportation of the Senate.

SEC. 559H. Professional military education: report; definition.

(a) Report.—

(1) IN GENERAL.—Not later than July 1, 2022, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the definition of professional military education in the Department of Defense and the military departments as specified in subsection (c).

(2) ELEMENTS.—The report under this subsection shall include the following elements:

(A) A consolidated summary of all definitions of the term “professional military education” used in the Department of Defense and the military departments.

(B) A description of how such term is used in the Department of Defense in educational institutions, associated schools, programs, think tanks, research centers, and support activities.

(i) applies to tactical, operational, and strategic settings; and

(ii) is linked to mission requirements.

(D) An analysis of how professional military education has been applied and linked through all levels of Department of Defense education and training.

(E) The applicability of professional military education to the domains of warfare, including land, air, sea, space, and cyber.

(F) With regards to online and virtual learning in professional military education—

(i) an analysis of the use of such learning; and

(ii) student satisfaction in comparison to traditional classroom learning.

(b) Definition.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, using the report under subsection (a), shall standardize the definition of “professional military education” across the military departments and the Department of Defense.

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

(a) Study.—Not later than April 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall conduct a study on training and courses of education offered to covered members regarding—

(1) sexual assault;

(2) sexual harassment;

(3) extremism;

(4) domestic violence;

(5) diversity, equity, and inclusion;

(6) military equal opportunity;

(7) suicide prevention; and

(8) substance abuse.

(b) Elements.—The study under subsection (a) shall identify, with regard to each training or course of education, the following:

(1) Sponsor.

(2) Location.

(3) Method.

(4) Frequency.

(5) Number of covered members who have participated.

(6) Legislation, regulation, instruction, or guidance that requires such training or course (if applicable).

(7) Metrics of—

(A) performance;

(B) effectiveness; and

(8) Responsibilities of the Secretary of Defense or Secretary of a military department to—

(A) communicate with non-departmental entities;

(B) process feedback from trainers, trainees, and such entities;

(D) connect such training or course to other training regarding social reform and unhealthy behavior.

(9) Analyses of—

(A) whether the metrics described in paragraph (7) are standardized across the military departments;

(B) mechanisms used to engage non-departmental entities to assist in the development of such training or courses;

(D) how each training or courses is intended to change behavior; and

(E) costs of such training and courses.

(10) Recommendations of the Secretary of Defense to improve such training or courses, including the estimated costs to implement such improvements.

(11) Any other information the Secretary of Defense determines relevant.

(c) Report.—Not later than July 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under this section.

(d) Covered member defined.—In this section, the term “covered member” means a member of an Armed Force under the jurisdiction of the Secretary of a military department.

SEC. 559J. Notice program relating to options for naturalization.

(a) Upon enlistment.—Every military recruiter or officer overseeing an enlistment shall provide to every recruit proper notice of that recruit’s options for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), and shall inform the recruit of existing programs or services that may aid in the recruit’s naturalization process, including directing the recruit to the Judge Advocate General or other designated point-of-contact for naturalization.

(b) Upon discharge.—The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall provide to every former member of the Armed Forces, upon separation from the Armed Forces, an adequate notice of that former member’s options for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), and shall inform the former member of existing programs and services that may aid in the naturalization process. The Secretary shall issue along with this notice a copy of each form required for naturalization. When appropriate, the Secretary of Defense shall provide the former member, at no expense to the former member, with the certification described in section 329(b)(3) of such Act (8 U.S.C. 1440(b)(3)).

SEC. 559K. Pilot program on activities under the transition assistance program for a reduction in suicide among veterans.

(a) Pilot program required.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly carry out a pilot program to assess the feasibility and advisability of providing the module described in subsection (b) and the services described in subsection (c) as part of the Transition Assistance Program for members of the Armed Forces participating in the Transition Assistance Program as a means of reducing the incidence of suicide among veterans.

(b) Module.—The module described in this subsection is a three-hour module under the Transition Assistance Program for each member of the Armed Forces participating in the pilot program that includes the following:

(1) An in-person meeting between the cohort of the member and a social worker or mental health provider in which the social worker or mental health provider—

(A) counsels the cohort on specific potential risks confronting members after discharge or release from the Armed Forces, including loss of community or a support system, isolation from family, friends, or society, identity crisis in the transition from military to civilian life, vulnerability viewed as a weakness, need for empathy, self-medication and addiction, importance of sleep and exercise, homelessness, and reasons why veterans attempt and complete suicide;

(B) in coordination with the Department of Defense InTransition program, counsels members of the cohort who have been diagnosed with physical, psychological, or neurological issues, such as post-traumatic stress disorder, traumatic brain injury, adverse childhood experiences, depression, and bipolar disorder, on—

(i) the potential risks for such members from such issues after discharge or release; and

(ii) the resources and treatment options afforded to members for such issues through the Department of Veterans Affairs, the Department of Defense, and non-profit organizations;

(C) counsels the cohort about the resources afforded to victims of military sexual trauma through the Department of Veterans Affairs; and

(D) counsels the cohort about the manner in which members might experience grief during the transition from military to civilian life, and the resources afforded to them for grieving through the Department of Veterans Affairs.

(2) In coordination with the Department of Veterans Affairs’ Solid Start program, the provision to each cohort member of contact information for a counseling or other appropriate facility of the Department of Veterans Affairs in the locality in which such member intends to reside after discharge or release.

(3) The submittal by cohort members to the Department of Veterans Affairs (including both the Veterans Health Administration and the Veterans Benefits Administration) of their medical records in connection with service in the Armed Forces, whether or not such members intend to file a claim with the Department for benefits with respect to any service-connected disability.

(c) Services.—The services described in this subsection in connection with the Transition Assistance Program for each member of the Armed Forces participating in the pilot program are the following:

(1) Not later than 90 days after the discharge or release of the member from the Armed Forces, a contact of the member by a social worker or behavioral health coordinator from the Department of Veterans Affairs to schedule a follow-up appointment with a social worker or behavioral health provider at the facility applicable to the member under subsection (b)(2) to occur not later than 90 days after such contact.

(2) During the appointment scheduled pursuant to paragraph (1)—

(A) an assessment of the member to determine the experiences of the member with events during service in the Armed Forces that could lead, whether individually or cumulatively, to physical, psychological, or neurological issues, including issues described in subsection (b)(1)(B); and

(B) the development of a medical treatment plan for the member, including treatment for issues identified pursuant to the assessment under subparagraph (A).

(d) Locations.—

(1) IN GENERAL.—The pilot program shall be carried out at not fewer than 10 Transition Assistance Centers of the Department of Defense that serve not fewer than 300 members of the Armed Forces annually that are jointly selected by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of the pilot program.

(2) MEMBERS SERVED.—The centers selected under paragraph (1) shall, to the extent practicable, be centers that, whether individually or in aggregate, serve all the Armed Forces and both the regular and reserve components of the Armed Forces.

(e) Selection and commencement.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly select the locations of the pilot program under subsection (d)(1) and commence carrying out activities under the pilot program by not later than 120 days after the date of the enactment of this Act.

(f) Duration.—

(1) IN GENERAL.—The duration of the pilot program shall be five years.

(2) CONTINUATION.—If the Secretary of Defense and the Secretary of Veterans Affairs recommend in the report under subsection (g) that the pilot program be extended beyond the date otherwise provided by paragraph (1), the Secretaries may jointly continue the pilot program for such period beyond such date as the Secretaries jointly consider appropriate.

(g) Reports.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, and every 180 days thereafter during the duration of the pilot program, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the activities under the pilot program.

(2) ELEMENTS.—Each report required by paragraph (1) shall include the following:

(A) A description of the members of the Armed Forces who participated in the pilot program during the 180-day period ending on the date of such report, broken out by the following:

(i) Sex.

(ii) Branch of the Armed Forces in which served.

(iii) Diagnosis of, or other symptoms consistent with, military sexual trauma, post-traumatic stress disorder, traumatic brain injury, depression, or bipolar disorder in connection with service in the Armed Forces.

(B) A description of the activities under the pilot program during such period.

(C) An assessment of the benefits of the activities under the pilot program during such period to veterans and family members of veterans.

(D) An assessment whether the activities under the pilot program as of the date of such report have reduced the incidence of suicide among members who participated in the pilot program within one year of discharge or release from the Armed Forces.

(E) Such recommendations as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate regarding expansion of the pilot program, extension of the pilot program, or both.

(h) Transition assistance program defined.—In this section, the term “Transition Assistance Program” means the program of assistance and other transitional services carried out pursuant to section 1144 of title 10, United States Code.

SEC. 559L. Speech disorders of cadets and midshipmen.

(a) Testing.—The Superintendent of a military service academy shall provide testing for speech disorders to incoming cadets or midshipmen under the jurisdiction of that Superintendent.

(b) No effect on admission.—The testing under subsection (a) may not have any affect on admission to a military service academy.

(c) Results.—The Superintendent shall provide each cadet or midshipman under the jurisdiction of that Superintendent the result of the testing under subsection (a) and a list of warfare unrestricted line officer positions and occupation specialists that require successful performance on the speech test.

(d) Therapy.—The Superintendent shall furnish speech therapy to a cadet or midshipman under the jurisdiction of that Superintendent at the election of the cadet or midshipman.

(e) Retaking.—A cadet or midshipman whose testing indicate a speech disorder or impediment may elect to retake the testing once each academic year while enrolled at the military service academy.

SEC. 559M. Requirement of involvement of representatives of military and veterans' service organizations in the Transition Assistance Program of the Department of Defense.

Section 1144 of title 10, United States Code, is amended—

(1) in subsection (d)—

(A) in the matter preceding paragraph (1), by striking “may”;

(B) in paragraph (1), by inserting “may” before “provide”;

(D) in paragraph (3), by inserting “may” before “use”;

(E) in paragraph (4)—

(i) by inserting “shall” before “use”; and

(ii) by inserting “and accredited service officers” after “representatives”;

(F) in paragraph (5), by inserting “may” before “enter”;

(G) in paragraph (6), in the matter preceding subparagraph (A), by inserting “may” before “enter”; and

(H) in paragraph (7), by inserting “may” before “take”; and

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

“(g) Definitions.—In this section:

“(1) The term ‘veterans’ service organization’ means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38.

“(2) The term ‘accredited service officer’ means a representative who has been recommended for accreditation by a veterans’ service organization.”.

SEC. 559N. GAO report on screenings included in the health assessment for members separating from the Armed Forces.

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 Committees on Armed Services of the Senate and House of Representatives a report on screenings included in the health assessment administered to members separating from the the Armed Forces. Such report shall include the following elements:

(1) A list of screenings are included in such assessment.

(2) Whether such screenings—

(A) are uniform across the Armed Forces;

(B) include questions to assess if the member is at risk for social isolation, homelessness, or substance abuse; and

(3) How many such screenings result in referral of a member to—

(A) community services;

(B) community services other than medical services; and

(4) An assessment of the effectiveness of referrals described in paragraph (3).

(5) How organizations, including veterans service organizations, perform outreach to members in underserved communities.

(6) The extent to which organizations described in paragraph (5) perform such outreach.

(7) The effectiveness of outreach described in paragraph (6).

(8) The annual amount of Federal funding for services and organizations described in paragraphs (3) and (5).

SEC. 559O. Pilot grant program to supplement the transition assistance program of the Department of Defense.

(a) Establishment.—The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall carry out a pilot grant program under which the Secretary of Defense provides enhanced support and funding to eligible entities to supplement TAP to provide job opportunities for industry recognized certifications, job placement assistance, and related employment services directly to covered individuals.

(b) Services.—Under the pilot grant program, the Secretary of Defense shall provide grants to eligible entities to provide to covered individuals the following services:

(1) Using an industry-validated screening tool, assessments of prior education, work history, and employment aspirations of covered individuals, to tailor appropriate and employment services.

(2) Preparation for civilian employment through services like mock interviews and salary negotiations, training on professional networking platforms, and company research.

(3) Several industry-specific learning pathways—

(A) with entry-level, mid-level and senior versions;

(B) in fields such as project management, cybersecurity, and information technology;

(C) in which each covered individual works with an academic advisor to choose a career pathway and navigate coursework during the training process; and

(D) in which each covered individual can earn industry-recognized credentials and certifications, at no charge to the covered individual.

(4) Job placement services.

(c) Program organization and implementation model.—The pilot grant program shall follow existing economic opportunity program models that combine industry-recognized certification training, furnished by professionals, with online learning staff.

(d) Consultation.—In carrying out the program, the Secretary of Defense shall seek to consult with private entities to assess the best economic opportunity program models, including existing economic opportunity models furnished through public-private partnerships.

(e) Eligibility.—To be eligible to receive a grant under the pilot grant program, an entity shall—

(1) follow a job training and placement model;

(2) have rigorous program evaluation practices;

(3) have established partnerships with entities (such as employers, governmental agencies, and non-profit entities) to provide services described in subsection (b);

(4) have online training capability to reach rural veterans, reduce costs, and comply with new conditions forced by COVID–19; and

(5) have a well-developed practice of program measurement and evaluation that evinces program performance and efficiency, with data that is high quality and shareable with partner entities.

(f) Coordination with Federal entities.—A grantee shall coordinate with Federal entities, including—

(1) the Office of Transition and Economic Development of the Department of Veterans Affairs; and

(2) the Office of Veteran Employment and Transition Services of the Department of Labor.

(g) Metrics and evaluation.—Performance outcomes shall be verifiable using a third-party auditing method and include the following:

(1) The number of covered individuals who receive and complete skills training.

(2) The number of covered individuals who secure employment.

(3) The retention rate for covered individuals described in paragraph (2).

(4) Median salary of covered individuals described in paragraph (2).

(h) Site locations.—The Secretary of Defense shall select five military installations in the United States where existing models are successful.

(i) Assessment of possible expansion.—A grantee shall assess the feasibility of expanding the current offering of virtual training and career placement services to members of the reserve components of the Armed Forces and covered individuals outside the United States.

(j) Duration.—The pilot grant program shall terminate on September 30, 2025.

(k) Report.—Not later than 180 days after the termination of the pilot grant program, the Secretary of Defense shall submit to the congressional defense committees a report that includes—

(1) a description of the pilot grant program, including a description of specific activities carried out under this section; and

(2) the metrics and evaluations used to assess the effectiveness of the pilot grant program.

(l) Definitions.—In this section:

(1) The term “covered individual” means—

(A) a member of the Armed Forces participating in TAP; or

(B) a spouse of a member described in subparagraph (A).

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

(3) The term “TAP” means the transition assistance program of the Department of Defense under sections 1142 and 1144 of title 10, United States Code.

SEC. 561. Establishment of Exceptional Family Member Program Advisory Council.

(a) Establishment.—Chapter 7 of title 10, United States Code, is amended by inserting before section 187 the following new section 186:

“§ 186. Exceptional Family Member Program Advisory Council

“(a) Establishment.—There is an Exceptional Family Member Program Advisory Council in the Department of Defense (in this section referred to as the ‘Council’).

“(b) Purpose.—The Council shall provide, to the Secretary and the chiefs of the covered armed forces, recommendations regarding how to improve the Exceptional Family Member Program. The Council shall provide such recommendations not less than once every six months.

“(c) Composition.—The Council shall be composed of the following:

“(1) One member of each covered armed force—

“(A) serving on active duty;

“(B) who has a dependent—

“(i) enrolled in the Exceptional Family Member Program; and

“(ii) with an individualized education program; and

“(C) appointed by the Vice Chief of Staff of the covered armed force concerned.

“(2) Two military spouses—

“(A) of members eligible to be appointed under paragraph (1);

“(B) who are not civilian employees of the Department of Defense;

“(C) one of whom is married to an enlisted member and one of whom is married to an officer; and

“(D) appointed by the Vice Chief of Staff of the covered armed force concerned.

“(3) One adult dependent—

“(A) enrolled in the Exceptional Family Member Program; and

“(B) appointed by the Vice Chief of Staff of the covered armed force concerned.

“(4) One representative of the Exceptional Family Member Program Coalition.

“(5) One member of the Defense Health Agency.

“(6) One member of the Department of Defense Education Activity.

“(7) One member of the Office of Special Needs.

“(d) Appointments.—In making appointments under subsection (c), the Vice Chief of Staff of the covered armed force concerned shall seek to represent the diversity of the disability community.

“(e) Terms.—Each member of the Council shall serve a term of two years, except one of the original members appointed under subsection (c)(2), selected by the Secretary of Defense at the time of appointment, one shall be appointed for a term of three years.

“(f) Meetings.—The Council shall meet at least once every calendar quarter, in person or by teleconference.

“(g) Covered armed force defined.—In this section, the term ‘covered armed force’ means an armed force under the jurisdiction of the Secretary of a military department.”.

(b) Technical and conforming amendments.—

(1) TABLE OF SECTIONS.—The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 187 the following new item:

“186. Exceptional Family Member Program Advisory Council.”.

(2) TERMINATION OF ADVISORY PANEL ON COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS.—Section 563 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1781c note) is amended by striking subsection (d).

SEC. 562. Non-medical counseling services for military families.

Section 1781 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(d) Non-medical counseling services.— (1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities for the provision of non-medical counseling services to military families through the Department of Defense Family Readiness System.

“(2) Notwithstanding any other provision of law, a mental health care provider described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the provider or recipient of such services is located, if the provision of such services is within the scope of the authorized Federal duties of the provider.

“(3) A mental health care provider described in this subsection is a person who is—

“(A) a currently licensed mental health care provider who holds a license that is—

“(i) issued by a State, the District of Columbia, or a territory or possession of the United States; and

“(ii) recognized by the Secretary of Defense;

“(B) a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and

“(C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1).

“(4) In this subsection, the term ‘non-medical counseling services’ means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning.”.

SEC. 563. Expansion of support programs for special operations forces personnel and immediate family members.

(a) In general.—Section 1788a(e) of title 10, United States Code, is amended—

(1) in paragraph (4), by striking “covered personnel” and inserting “covered individuals”; and

(2) in paragraph (5)—

(A) by striking “covered personnel” and inserting “covered individuals”;

(B) in subparagraph (B), by striking “and” at the end;

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

“(D) immediate family members of individuals described in subparagraphs (A) or (B) in a case in which such individual died—

“(i) as a direct result of armed conflict;

“(ii) while engaged in hazardous service;

“(iii) in the performance of duty under conditions simulating war; or

“(iv) through an instrumentality of war.”.

SEC. 564. Clarification of qualifications for attorneys who provide legal services to families enrolled in the Exceptional Family Member Program.

Section 582(b)(7) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended, in the matter preceding subparagraph (A), by striking “in education law” and inserting “and with experience in the practice of education law in the State in which the military installation is located (and any other State or States in which a significant portion of the personnel assigned to such military installation reside)”.

SEC. 565. Improvements to the Exceptional Family Member Program.

(a) Verification of suitability of housing and educational institutions.—Section 582(c)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by inserting “, and to verify that housing and at least one school near such military installation is suitable for the dependent with special needs of such covered member” before the period at the end.

(b) Expansion of advisory panel on community support for military families with special needs.—Section 563(d)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1781c note) is amended—

(1) by striking “seven” and inserting “nine”;

(2) by inserting “, appointed by the Secretary of Defense,” after “individuals”;

(3) by inserting “each” before “a member”;

(4) by striking the second sentence; and

(5) by adding “One such individual shall be the spouse of an enlisted member and one such individual shall be the spouse of an officer in a grade below O-6.” at the end.

(c) Relocation.—The Secretary of the military department concerned shall, if such Secretary determines it feasible, permit a covered member who receives permanent change of station orders to elect, not later than 14 days after such receipt, from at least two locations that provide support for the dependent of such covered member with a special need.

(d) Scanning of DD Form 2792.—The Secretary of a military department shall require that a DD Form 2792 completed by a covered member is scanned and uploaded to the electronic health record of the dependent described in such DD Form 2792.

(e) Covered member defined.—In this section, the term “covered member” means a member of an Armed Force—

(1) under the jurisdiction of the Secretary of a military department; and

(2) with a dependent with a special need.

SEC. 566. Portability of professional licenses of members of the uniformed services and their spouses.

(a) In general.—Title VII of the Servicemembers Civil Relief Act (50 U.S.C. 4021 et seq.) is amended by inserting after section 705 (50 U.S.C. 4025) the following new section:

“SEC. 705A. Portability of professional licenses of servicemembers and their spouses.

“(a) In general.—In any case in which a servicemember has a professional license in good standing in a jurisdiction or the spouse of a servicemember has a professional license in good standing in a jurisdiction and such servicemember or spouse relocates his or her residency because of military orders for military service to a location that is not in such jurisdiction, the professional license or certification of such servicemember or spouse shall be considered valid at a similar scope of practice and in the discipline applied for in the jurisdiction of such new residency for the duration of such military orders if such servicemember or spouse—

“(1) provides a copy of such military orders to the licensing authority in the jurisdiction in which the new residency is located;

“(2) remains in good standing with the licensing authority that issued the license; and

“(3) submits to the authority of the licensing authority in the new jurisdiction for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements.

“(b) Interstate licensure compacts.—If a servicemember or spouse of a servicemember is licensed and able to operate in multiple jurisdictions through an interstate licensure compact, with respect to services provided in the jurisdiction of the interstate licensure compact by a licensee covered by such compact, the servicemember or spouse of a servicemember shall be subject to the requirements of the compact or the applicable provisions of law of the applicable State and not this section.”.

(b) Clerical amendment.—The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 705 the following new item:

“Sec. 705A. Portability of professional licenses of servicemembers and their spouses.”.

SEC. 567. Database of next of kin of deceased members of the Armed Forces.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations that establish and maintain a database of the Department of Defense that contains up-to-date contact information for the next of kin of members of the Armed Forces under the jurisdiction of the Secretaries of the military departments. Such regulations shall ensure that—

(1) a commander in a grade higher than O-5 may access the contact information for the next of kin of a member who died while a member of the unit under the command of such commander, regardless of whether such member served under such commander; and

(2) an individual named in such database may—

(A) elect to not be contacted by an officer described in paragraph (1); and

(B) change such election at any time.

SEC. 568. Policy regarding remote military installations.

(a) Policy.—Not later than April 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a uniform policy for how to—

(1) identify remote military installations; and

(2) assess and manage challenges associated with remote military installations.

(b) Elements.—The policy under subsection (a) shall address the following:

(1) Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces.

(2) Availability of housing, located on and off remote military installations.

(3) Educational services for dependents of members of the Armed Forces, located on and off remote military installations.

(4) Availability of health care.

(5) Employment opportunities for military spouses.

(6) Risks associated with having insufficient support services for members of the Armed Forces and their dependents.

(c) Report.—Not later than July 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth—

(1) the policy under this section; and

(2) an implementation plan for the policy.

(d) Military installation defined.—In this section, the term “military installation” has the meaning given that term in section 2801 of title 10, United States Code.

SEC. 569. Feasibility study on program for drop-in child care furnished to certain military spouses at military child development centers.

(a) Authorization.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a feasibility study on the establishment of a program under which the military spouse of a covered member may leave a covered child with a child care employee—

(1) at the military child development center of the military installation that is the permanent duty station of such covered member;

(2) during the normal hours of operation of the military child development center at which such child care employee is employed; and

(3) for not more than two hours per week.

(b) Report.—Not later than September 30, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding the results of the study under subsection (a).

(1) The terms “child care employee” and “military child development center” have the meanings given such terms in section 1800 of title 10, United States Code.

(2) The term “covered child” means the dependent child of a covered member—

(A) younger than seven years of age; and

(B) who does not regularly receive child care services at a military child development center.

(3) The term “covered member” means a member of the Armed Forces performing active duty for a period of more than 30 days at a location other than the permanent duty station of such member.

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

Not later than 180 days after the date of the enactment of this Act, and 180 days thereafter, the Comptroller General of the United States shall submit to the congressional defense committees a report on employment discrimination against military spouses by civilian employers, including on the basis of military spouse status. Such report shall include an assessment of the following:

(1) The feasibility of policy solutions to prevent such discrimination, including—

(A) by amending the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103–353) to ensure that military spouses are covered under such Act; and

(B) by including military spouses as a protected class for the purpose of laws relating to employment discrimination.

(2) Potential differential effects of such discrimination across race and gender, to determine if military spouses who are people of color are subject to intersectional discrimination.

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

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on how and the extent to which commanders of military installations connect military families with local nonprofit and government entities that provide services to military families, including assistance with housing.

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

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Commander of United States Special Operations Command shall submit to the congressional defense committees a report on POTFF.

(b) Elements.—The report under this section shall include the following:

(1) An assessment of the human performance domain of current programs and activities, including—

(A) physical conditioning;

(B) exercise physiology;

(D) nutrition guidance;

(E) rehabilitative support (including physical therapy); and

(F) mental skills training (including sports psychology).

(2) A description of efforts of the Commander to assess the unique needs of members of special operations forces, including women and minorities.

(3) An assessment of the effectiveness of POTFF in addressing such unique needs.

(4) Plans of the Commander to improve POTFF to better address such unique needs.

(1) The term “POTFF” means the Preservation of the Force and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code.

(2) The term “special operations forces” means the forces described in section 167(j) of title 10, United States Code.

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

(a) Review.—Not later than April 1, 2022, the Comptroller General of the United States shall conduct a review of POTFF and submit to the appropriate committees a report containing the results of such review.

(b) Elements.—The report under this section shall include the following:

(1) An assessment of the sufficiency of the human performance domain of current programs and activities of POTFF.

(2) A description of efforts of the Commander of United States Special Operations Command to assess the unique needs of members of special operations forces, including women and minorities.

(3) A description of plans of the Commander to improve POTFF to better address the unique needs of members of special operations forces.

(4) Changes in costs to the United States to operate POTFF since implementation.

(5) Rates of participation in POTFF, including—

(A) the number of individuals who participate;

(B) frequency of use by such individuals; and

(6) Methods by which data on POTFF is collected and analyzed.

(7) Outcomes used to determine the effects of POTFF on members of special operations forces and their immediate family members, including a description of the effectiveness of POTFF in addressing unique needs of such individuals.

(c) Briefing.—Not later than January 31, 2022, the Comptroller General shall provide to the appropriate committees a briefing on the preliminary findings of the Comptroller General under the review under this section.

(d) Definitions.—In this section:

(1) The term “appropriate committees” means the Committees on Armed Services of the Senate and House of Representatives.

(2) The term “POTFF” means the Preservation of the Force and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code.

(3) The term “special operations forces” means the forces described in section 167(j) of title 10, United States Code.

SEC. 569E. Continued assistance to schools with significant numbers of military dependent students.

(a) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2022 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b) Impact aid for children with severe disabilities.—

(1) IN GENERAL.—Of the amount authorized to be appropriated for fiscal year 2022 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $20,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).

(2) ALLOCATION FOR HIGH CONCENTRATION SCHOOLS.—Of the amount made available under paragraph (1), $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.

(c) Local educational agency defined.—In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 569F. Verification of reporting of eligible federally connected children for purposes of Federal impact aid programs.

(a) Certification.—On an annual basis, each commander of a military installation under the jurisdiction of the Secretary of a military department shall submit to such Secretary a written certification verifying whether the commander has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of such certification.

(b) Report.—Not later June 30 of each year, each Secretary of a military department shall submit to the congressional defense committees a report, based on the information received under subsection (a), that identifies—

(1) each military installation under the jurisdiction of such Secretary that has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of the report; and

(2) each military installation that has not confirmed the information contained in such forms as of such date.

(1) Term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.

(2) The term “impact aid source check form” means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)).

(3) The term “local educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

SEC. 569G. Pilot transition assistance program for military spouses.

(a) Establishment.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot transition assistance program for covered individuals (in this section referred to as the “pilot program”).

(b) Services.—The Secretary of Defense shall provide to a covered individual, who elects to participate in the pilot program, services similar to those available under TAP to members of the Armed Forces, including the following:

(1) Assessments of prior education, work history, and employment aspirations of covered individuals, to tailor appropriate employment services.

(2) Preparation for employment through services like mock interviews and salary negotiations, training on professional networking platforms, and company research.

(3) Job placement services.

(4) Services offering guidance on available health care resources, mental health resources, and financial assistance resources.

(5) Training in mental health first aid to learn how to assist someone experiencing a mental health or substance use-related crisis.

(c) Locations.—The Secretary shall carry out the pilot program at 12 military installations located in the United States.

(d) Duration.—The pilot program shall terminate five years after enactment.

(e) Report.—Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the and House of Representatives a report that includes—

(1) a description of the pilot program, including a description of specific activities carried out under this section; and

(2) the metrics and evaluations used to assess the effectiveness of the pilot program.

(f) Definitions.—In this section:

(1) The term “covered individual” means a spouse of a member of the Armed Forces eligible for TAP.

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

(3) The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.

SEC. 569H. Implementation of GAO recommendations on improved communication of best practices to engage military spouses with career assistance resources.

(a) Plan required.—

(1) IN GENERAL.—The Secretary of Defense shall develop a plan to address recommendation #2, regarding strategies for sharing information on outreach to military spouses, in the report of the Government Accountability Office titled “Military Spouse Employment: DOD Should Continue Assessing State Licensing Practices and Increase Awareness of Resources” (GAO–21–193).

(2) ELEMENTS.—The plan required under paragraph (1) shall include—

(A) a summary of actions that have been taken to implement the recommendation;

(B) a summary of actions that will be taken to implement the recommendation, including how the Secretary plans to—

(i) engage military services and installations, members of the Spouse Ambassador Network, and other local stakeholders to obtain information on the outreach approaches and best practices used by military installations and stakeholders;

(ii) overcome factors that may limit use of best practices;

(iii) disseminate best practices to relevant stakeholders; and

(iv) identify ways to and better coordinate with the Secretaries of Veterans Affairs, Labor, and Housing and Urban Development; and

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

SEC. 571. Information on female and minority participation in military service academies and the Senior Reserve Officers’ Training Corps.

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

(1) in subsection (c)(2), by inserting before the semicolon the following: “, including the status of diversity and inclusion in the military service academies, the Federal Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps programs of such department”;

(2) in subsection (l)(2)—

(A) in subparagraph (D), by inserting “(including through the military service academies, the Federal Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps)” after “into the armed forces”; and

(B) in subparagraph (E), by inserting “, attendance at military service academies, the Federal Officer Candidate and Training Schools, and enrollment in the Senior Reserve Officers’ Training Corps that” before “is representative”; and

(3) in subsection (m)—

(A) by redesignating paragraphs (5) through (7) as paragraphs (7) through (9), respectively; and

(B) by inserting after paragraph (4) the following:

“(5) The number of cadets and midshipmen from the Federal Officer Candidate and Training Schools and the Senior Reserve Officers’ Training Corps of each armed force who are expected to be commissioned into the armed forces during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity.

“(6) Plans to increase the number of minority cadets and midshipmen at the military service academies and members of the Senior Reserve Officer’s Training Corps.”.

SEC. 572. Surveys on diversity, equity, and inclusion and annual reports on sexual assaults and racial and ethnic demographics in the military justice system.

(a) Modification of content of certain surveys.—

(1) ARMED FORCES SURVEYS.—Section 481 of title 10, United States Code, is amended—

(A) in subsection (a)—

(i) in paragraph (1) by striking the second sentence;

(ii) in paragraph (3) by striking “Equal Opportunity” and inserting “Diversity, Equity, and Inclusion”;

(B) in subsection (b)—

(i) in the subsection heading, by striking “Equal opportunity” and inserting “Diversity, Equity, and Inclusion”;

(ii) in the matter preceding paragraph (1), by striking “Equal Opportunity” and inserting “Diversity, Equity, and Inclusion”; and

(iii) by adding at the end the following new paragraphs:

“(4) Identifying and assessing the extent of activity among such members that may be seen as ‘hate group’ activity.

“(5) Whether respondents have, in the preceding year—

“(A) experienced or witnessed extremist, racist, anti-Semitic, islamophobic, or supremacist activity in the workplace; or

“(B) reported such activity.”;

(i) by redesignating paragraph (5) as paragraph (6); and

(ii) by inserting after paragraph (4) the following new paragraph:

“(5) Identifying and assessing the extent of activity among such members that may be seen as ‘hate group’ activity.”;

(D) by redesignating subsection (f) as subsection (g); and

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

“(f) Publication.—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (e); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”.

(2) CIVILIAN EMPLOYEE SURVEYS.—Section 481a of title 10, United States Code, is amended—

(A) in subsection (b)—

(i) by redesignating paragraph (5) as paragraph (7); and

(ii) by inserting after paragraph (4) the following new paragraphs:

“(5) Identifying and assessing the extent (if any) of activity among such employees that may be seen as so-called ‘hate group’ activity.

“(6) Whether respondents have, in the preceding year—

“(A) experienced or witnessed extremist, racist, anti-Semitic, islamophobic, or supremacist activity in the workplace; or

“(B) reported such activity.”; and

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

“(e) Publication.—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (c); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”.

(3) PREVALENCE OF OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.—Section 481(b) of title 10, United States Code, as amended by paragraph (1) of this subsection, is further amended by adding at the end the following new paragraphs:

“(6) An estimate of the total number of offenses committed under each punitive article under chapter 47 of this title (the Uniform Code of Military Justice) over the period covered by the survey.

“(7) For each category of offense identified under paragraph (6)—

“(A) an estimate of the racial, ethnic, gender, age, and rank demographics of principals; and

“(B) an estimate of the racial, ethnic, gender, age, and rank demographics of victims.”.

(4) CONFORMING REPEAL.—Section 593 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1415; 10 U.S.C. 480 note prec.) is repealed.

(5) EFFECTIVE DATE.—

(A) The amendments made by paragraphs (1) and (2) shall take effect on the day after the date of the enactment of this Act.

(B) The amendments made by paragraph (3) shall take effect on January 1, 2023.

(b) Annual reports on racial and ethnic demographics in the military justice system.—

(1) IN GENERAL.—Chapter 23 of title 10, United States Code, is amended by inserting after section 485 the following new section:

“§ 486. Annual reports on racial and ethnic demographics in the military justice system

“(a) In general.—Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and gender demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force.

“(b) Contents.—The report of a Secretary of a military department for an armed force under subsection (a) shall contain the following:

“(1) Statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice) during the year covered by the report, including:

“(A) an estimate based on survey data from the armed forces Workplace and Diversity, Equity, and Inclusion Surveys of the number of offenses committed by members of the armed force, disaggregated by—

“(i) statistical category as related to the victim; and

“(ii) statistical category as related to the principal;

“(B) the number of offenses in the armed force that were reported to military officials, disaggregated by—

“(i) statistical category as related to the victim; and

“(ii) statistical category as related to the principal;

“(C) the number of offenses in the armed force that were investigated, disaggregated by statistical category as related to the principal;

“(D) the number of offenses in which the evidence supported possible action by the Department, disaggregated by statistical category as related to the principal;

“(E) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed;

“(F) the number of offenses in which non-judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal;

“(G) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal;

“(H) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial;

“(I) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and

“(J) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial.

“(2) An analysis of any disparities among race, gender, and ethnicity in the incidence, reporting, disposition, and prosecution of offenses by units, commands, and installations during the year covered by the report, including trends relating to—

“(A) the prosecution of offenses; and

“(B) the prevalence of offenses, set forth separately for—

“(i) each installation with 5,000 or more servicemembers;

“(ii) the major career fields of any individuals involved in such incidents, including the fields of combat arms, aviation, logistics, maintenance, administration, and medical;

“(iii) in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents.

“(3) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by the report in response to any race, gender, or ethnicity disparities involving members of the armed force concerned.

“(c) Definitions.—In this section:

“(1) The term ‘statistical category’ means each of the following categories:

“(A) race;

“(B) gender;

“(C) ethnicity;

“(D) rank; and

“(E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice).

“(2) The term ‘principal’ has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).

“(d) Submission to Congress.—

“(1) IN GENERAL.—Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the appropriate congressional committees, together with—

“(A) an assessment of the information submitted to the Secretary pursuant to subsection (b)(3);

“(B) such other assessments on the reports as the Assistant Inspector General established under section 554 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) considers appropriate; and

“(C) such other assessments on the reports as the Secretary of Defense considers appropriate.

“(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term ‘appropriate congressional committees’ means—

“(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate; and

“(B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives.

“(e) Publication.—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsections (a) and (d); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 485 the following new item:

“486. Annual reports on racial and ethnic demographics in the military justice system.”.

(1) IN GENERAL.—Chapter 23 of title 10, United States Code, as amended by section 3, is further amended by inserting after section 486 the following new section:

“§ 487. Annual reports on sexual assaults

“(a) In general.—Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on the sexual assaults involving members of the armed forces under the jurisdiction of that Secretary during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force.

“(b) Contents.—The report of a Secretary of a military department for an armed force under subsection (a) shall contain the following:

“(1) The number of sexual assaults committed against members of the armed force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated.

“(2) The number of sexual assaults committed by members of the armed force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated. The information required by this paragraph may not be combined with the information required by paragraph (1).

“(3) A synopsis of each such substantiated case, organized by offense, and, for each such case, the race and ethnicity of the victim and accused, the action taken in the case, including the type of disciplinary or administrative sanction imposed, if any, including courts-martial sentences, nonjudicial punishments administered by commanding officers pursuant to section 815 of this title (article 15 of the Uniform Code of Military Justice), and administrative separations.

“(4) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by the report in response to incidents of sexual assault involving members of the armed force concerned.

“(5) The number of substantiated sexual assault cases in which the victim is a deployed member of the armed forces and the assailant is a foreign national, and the policies, procedures, and processes implemented by the Secretary concerned to monitor the investigative processes and disposition of such cases and any actions taken to eliminate any gaps in investigating and adjudicating such cases.

“(6) A description of the implementation of the accessibility plan implemented pursuant to section 596(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 1561 note), including a description of the steps taken during that year to ensure that trained personnel, appropriate supplies, and transportation resources are accessible to deployed units in order to provide an appropriate and timely response in any case of reported sexual assault in a deployed unit, location, or environment.

“(7) The number of applications submitted under section 673 of title 10, United States Code, during the year covered by the report for a permanent change of station or unit transfer for members of the armed forces on active duty who are the victim of a sexual assault or related offense, the number of applications denied, and, for each application denied, a description of the reasons why the application was denied.

“(8) An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by units, commands, and installations during the year covered by the report, including trends relating to—

“(A) the prosecution of incidents and avoidance of incidents; and

“(B) the prevalence of incidents, set forth separately for—

“(i) each installation with 5,000 or more servicemembers;

“(ii) the major career fields of any individuals involved in such incidents, including the fields of combat arms, aviation, logistics, maintenance, administration, and medical; and

“(iii) in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents.

“(9) An assessment of the adequacy of sexual assault prevention and response activities carried out by training commands during the year covered by the report.

“(10) An analysis of the specific factors that may have contributed to sexual assault during the year covered by the report, an assessment of the role of such factors in contributing to sexual assaults during that year, and recommendations for mechanisms to eliminate or reduce the incidence of such factors or their contributions to sexual assaults.

“(11) An analysis of the disposition of the most serious offenses occurring during sexual assaults committed by members of the armed force during the year covered by the report, as identified in unrestricted reports of sexual assault by any members of the armed forces, including the numbers of reports identifying offenses that were disposed of by each of the following:

“(A) Conviction by court-martial, including a separate statement of the most serious charge preferred and the most serious charge for which convicted.

“(B) Acquittal of all charges at court-martial.

“(C) Non-judicial punishment under section 815 of this title (article 15 of the Uniform Code of Military Justice).

“(D) Administrative action, including by each type of administrative action imposed.

“(E) Dismissal of all charges, including by reason for dismissal and by stage of proceedings in which dismissal occurred.

“(12) Information on each claim of retaliation in connection with a report of sexual assault in the armed force made by or against a member of such armed force as follows:

“(A) A narrative description of each complaint.

“(B) The nature of such complaint, including whether the complainant claims professional or social retaliation.

“(C) The gender of the complainant.

“(D) The gender of the individual claimed to have committed the retaliation.

“(E) The nature of the relationship between the complainant and the individual claimed to have committed the retaliation.

“(F) The nature of the relationship, if any, between the individual alleged to have committed the sexual assault concerned and the individual claimed to have committed the retaliation.

“(G) The official or office that received the complaint.

“(H) The organization that investigated or is investigating the complaint.

“(I) The current status of the investigation.

“(J) If the investigation is complete, a description of the results of the investigation, including whether the results of the investigation were provided to the complainant.

“(K) If the investigation determined that retaliation occurred, whether the retaliation was an offense under chapter 47 of this title (the Uniform Code of Military Justice).

“(13) Information and data collected through formal and informal reports of sexual harassment involving members of the armed forces during the year covered by the report, as follows:

“(A) The number of substantiated and unsubstantiated reports.

“(B) A synopsis of each substantiated report, including the race and ethnicity of the victim and accused.

“(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

“(i) conviction and sentence by court-martial;

“(ii) imposition of non-judicial punishment under section 815 of this title (article 15 of the Uniform Code of Military Justice); or

“(iii) administrative separation or other type of administrative action imposed.

“(14) Information and data collected during the year covered by the report on each reported incident involving the non-consensual distribution by a person subject to chapter 47 of this title (the Uniform Code of Military Justice), of a private sexual image of another person, including the following:

“(A) The number of substantiated and unsubstantiated reports.

“(B) A synopsis of each substantiated report.

“(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

“(i) conviction and sentence by court-martial;

“(ii) imposition of non-judicial punishment under section 815 this title (article 15 of the Uniform Code of Military Justice); or

“(iii) administrative separation or other type of administrative action imposed.

“(c) Substantiated defined.—In this section, the term ‘substantiated’, when used with respect to the report of an incident or offense, means that the report meets the following criteria:

“(1) The victim made an unrestricted report of such incident or offense.

“(2) The report was investigated by the Federal Government or a State, local, or Tribal law enforcement organization.

“(3) The report was provided to the appropriate military command for consideration of action and was found to have sufficient evidence to support the command’s action against the subject.

“(d) Submission to Congress.—

“(A) the results of assessments conducted under the evaluation plan required by section 1602(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note);

“(B) an assessment of the information submitted to the Secretary pursuant to subsection (b)(11); and

“(C) such other assessments on the reports as the Secretary of Defense considers appropriate.

“(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term ‘appropriate congressional committees’ means—

“(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate; and

“(B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives.

“(e) Publication.—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsections (a) and (d); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.

“(f) Additional details for case synopses portion of report.—The Secretary of each military department shall include in the case synopses portion of each report, as described in subsection (b)(3), the following additional information:

“(1) If charges are dismissed following an investigation conducted under section 832 of this title (article 32 of the Uniform Code of Military Justice), the case synopsis shall include the reason for the dismissal of the charges.

“(2) If the case synopsis states that a member of the armed forces accused of committing a sexual assault was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court-martial, the case synopsis shall include the characterization (honorable, general, or other than honorable) given the service of the member upon separation.

“(3) The case synopsis shall indicate whether a member of the armed forces accused of committing a sexual assault was ever previously accused of a substantiated sexual assault or was admitted to the armed forces under a moral waiver granted with respect to prior sexual misconduct.

“(4) The case synopsis shall indicate the branch of the armed forces of each member accused of committing a sexual assault and the branch of the armed forces of each member who is a victim of a sexual assault.

“(5) If the case disposition includes non-judicial punishment, the case synopsis shall explicitly state the nature of the punishment.

“(6) The case synopsis shall indicate whether alcohol was involved in any way in a substantiated sexual assault incident.

“(g) Coordination of release date between annual reports regarding sexual assaults and family advocacy report.—The Secretary of Defense shall ensure that the reports required under subsection (a) for a given year are delivered to the Committees on Armed Services of the Senate and House of Representatives simultaneously with the Family Advocacy Program report for that year regarding child abuse and domestic violence, as required by section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).

“(h) Inclusion of information in regarding sexual assaults committed against a member’s spouse or other family member.—The Secretary of Defense shall include, in each report under this section, information regarding a sexual assault committed by a member of the armed forces against the spouse or intimate partner of the member or another dependent of the member in addition to the annual Family Advocacy Program report as required by section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141). The information may be included as an annex to such reports.”.

(2) CONFORMING REPEALS.—

(A) Section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is repealed.

(B) Section 538 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 1561 note) is repealed.

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of such title, as amended by this subsection, is further amended by inserting after the item relating to section 486 the following new item:

“487. Annual reports on sexual assaults.”.

(d) Effective dates.—

(1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by subsections (b) and (c) shall take effect on the day after the date of the enactment of this Act.

(2) EXCEPTIONS.—

(A) SEPARATE SPACE FORCE REPORTS.—The requirement for the Secretary of the Air Force to submit separate reports for the Space Force under sections 486 and 487 of title 10, United States Code (as added by subsections (b) and (c) of this section) shall take effect on October 1, 2023 and shall apply with respect to reports required to be submitted under such sections after such date.

(B) CERTAIN STATISTICAL INFORMATION.—The requirement to include the information described in subparagraphs (A) and (B) of section 486(b)(1) of title 10, United States Code, in the annual reports under such section shall apply with respect to reports required to be submitted after January 1, 2023.

SEC. 573. Amendments to additional Deputy Inspector General of the Department of Defense.

Section 554(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) in the section heading, by striking “Deputy” and inserting “Assistant”;

(2) in paragraph (1)—

(A) in the matter preceding subparagraph (A)—

(i) by striking “Secretary of Defense” and inserting “Inspector General of the Department of Defense”; and

(ii) by striking “Deputy” and inserting “Assistant”;

(B) in subparagraph (A), by striking “of the Department”; and

(3) in paragraph (2)—

(A) in the matter preceding clause (i) of subparagraph (A)—

(i) by striking “Conducting and supervising” and inserting “Developing and carrying out a plan for the conduct of comprehensive oversight, including through the conduct and supervision of”; and

(ii) by striking “evaluations” and inserting “inspections,”;

(B) in clause (ii) of subparagraph (A), by striking “, including the duties of the Inspector General under subsection (b)”; and

(4) in paragraph (3)(A) in the matter preceding subparagraph (A), by striking “Deputy” and inserting “Assistant”;

(5) in paragraph (4)—

(A) in subparagraph (A), by striking “Deputy” each place it appears and inserting “Assistant”;

(B) in subparagraph (B)—

(i) by striking “Deputy” the first place it appears;

(ii) by striking “and the Inspector General”;

(iii) by striking “Deputy” the second place it appears and inserting “Assistant”; and

(iv) by inserting before the period at the end the following: “, for inclusion in the next semiannual report of the Inspector General under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.).”;

(i) by striking “Deputy”; and

(ii) by striking “and Inspector General”;

(D) in subparagraph (D)—

(i) by striking “Deputy”;

(ii) by striking “and the Inspector General”;

(iii) by striking “Secretary or”; and

(iv) by striking “direct” and inserting “determine”; and

(E) in subparagraph (E)—

(i) by striking “Deputy”; and

(ii) by striking “of the Department” and all that follows through “Representatives” and inserting “consistent with the requirements of the Inspector General Act of 1978 (5 U.S.C. App.).”.

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

Section 558 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended, in the matter preceding paragraph (1), by striking “one year after the date of the enactment of this Act” and inserting “May 31, 2022”.

SEC. 575. GAO review of extremist affiliations and activity among members of the Armed Forces on active duty.

(a) Review.—The Comptroller General of the United States shall perform a review to determine the prevalence of extremist affiliations and activity among members of the Armed Forces on active duty. The review shall include the following elements:

(1) Sources of information used by the Secretary of Defense and Secretaries of the military departments to determine extremist affiliations and activity, including the extent to which—

(A) the Armed Forces have established methods for anonymous reporting of suspected extremist affiliations and activity;

(B) the Armed Forces have established guidelines to help ensure that commanders properly investigate such reports;

(C) reports of violence by members of the Armed Forces have been investigated for relation to extremist affiliations and activity;

(D) members of the Armed Forces have been discharged or disciplinary actions because of extremist affiliations or activity; and

(E) the Department of Defense tracking cases described in subparagraph (D).

(2) The extent to which the Secretary of Defense and Secretaries of the military departments use information described in paragraph (1) in vetting members, including the extent to which—

(A) recruiters have identified individuals with suspected extremist affiliations;

(B) such individuals have received waivers; and

(3) The extent to which the Secretary of Defense and Secretaries of the military departments use information described in paragraph (1) in vetting members.

(4) Procedures of the Department of Defense and the Armed Forces for identifying, responding to, and tracking reported instances of extremist affiliations and activity.

(5) Efforts of the Secretary of Defense and Secretaries of the military departments to train personnel to identify and report members or recruits suspected of extremist affiliations or activity, including the extent to which—

(A) commanders and recruiters trained to identify potential indicators of extremist affiliations (including tattoos); and

(B) members are trained to identify and report indicators of extremist affiliations and activity in the Armed Forces or Department of Defense.

(6) Any other matter that the Comptroller General determines relevant.

(b) Report.—Not later than March 31, 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review under this section.

SEC. 576. Reduction of gender-related inequities in costs of uniforms to members of the armed forces.

(a) Implementation of GAO recommendations.—Not later than September 30, 2022, the Secretary of Defense shall implement the four recommendations of the Government Accountability Office in the report titled “Military Service Uniforms DOD Could Better Identify and Address Out-of-Pocket Cost Inequities” (GAO–21–120).

(b) Regulations.—Not later than September 30, 2022, each Secretary concerned (as that term is defined in section 101 of title 10, United States Code) shall prescribe regulations that ensure the following:

(1) The out-of-pocket cost to an officer or enlisted member of an Armed Force for a uniform (or part of such uniform) may not exceed such cost to another officer or enlisted member of that Armed Force for such uniform (or part, or equivalent part, of such uniform) solely based on gender.

(2) If a change to a uniform of an Armed Force affects only officers or enlisted members of one gender, an officer or enlisted member of such gender in such Armed Force shall be entitled to an allowance equal to the out-of-pocket cost to the officer or enlisted member relating to such change.

(c) One-time allowance.—Not later than September 30, 2022, each Secretary concerned may provide a one-time allowance to each female officer and female enlisted member under the jurisdiction of the Secretary concerned. The amount of such an allowance shall be—

(1) based on gender disparities in out-of-pocket costs relating to uniforms (including the costs of changes to uniforms that affected only one gender) during the 10 years preceding the date of the enactment of this Act; and

(2) proportional to the length of service of the officer or enlisted member in the Armed Forces.

(d) Application.—The allowances described in subsections (b)(2) and (c) may not apply to an individual who has separated or retired, or been discharged or dismissed, from the Armed Forces.

SEC. 577. Justice for Women Veterans.

(a) Findings.—Congress finds the following:

(1) In June 1948, Congress enacted the Women’s Armed Services Integration Act of 1948, which formally authorized the appointment and enlistment of women in the regular components of the Armed Forces.

(2) With the expansion of the Armed Forces to include women, the possibility arose for the first time that members of the regular components of the Armed Forces could become pregnant.

(3) The response to such possibilities and actualities was Executive Order 10240, signed by President Harry S. Truman in 1951, which granted the Armed Forces the authority to involuntarily separate or discharge a woman if she became pregnant, gave birth to a child, or became a parent by adoption or a stepparent.

(4) The Armed Forces responded to the Executive order by systematically discharging any woman in the Armed Forces who became pregnant, regardless of whether the pregnancy was planned, unplanned, or the result of sexual abuse.

(5) Although the Armed Forces were required to offer women who were involuntarily separated or discharged due to pregnancy the opportunity to request retention in the military, many such women were not offered such opportunity.

(6) The Armed Forces did not provide required separation benefits, counseling, or assistance to the members of the Armed Forces who were separated or discharged due to pregnancy.

(7) Thousands of members of the Armed Forces were involuntarily separated or discharged from the Armed Forces as a result of pregnancy.

(8) There are reports that the practice of the Armed Forces to systematically separate or discharge pregnant members caused some such members to seek an unsafe or inaccessible abortion, which was not legal at the time, or to put their children up for adoption, and that, in some cases, some women died by suicide following their involuntary separation or discharge from the Armed Forces.

(9) Such involuntary separation or discharge from the Armed Forces on the basis of pregnancy was challenged in Federal district court by Stephanie Crawford in 1975, whose legal argument stated that this practice violated her constitutional right to due process of law.

(10) The Court of Appeals for the Second Circuit ruled in Stephanie Crawford’s favor in 1976 and found that Executive Order 10240 and any regulations relating to the Armed Forces that made separation or discharge mandatory due to pregnancy were unconstitutional.

(11) By 1976, all regulations that permitted involuntary separation or discharge of a member of the Armed Forces because of pregnancy or any form of parenthood were rescinded.

(12) Today, women comprise 17 percent of the Armed Forces, and many are parents, including 12 percent of whom are single parents.

(13) While military parents face many hardships, today’s Armed Forces provides various lengths of paid family leave for mothers and fathers. for both birth and adoption of children.

(b) Sense of Congress.—

(1) SENSE OF CONGRESS.—It is the sense of Congress that women who served in the Armed Forces before February 23, 1976 should not have been involuntarily separated or discharged due to pregnancy or parenthood.

(2) EXPRESSION OF REMORSE.—Congress hereby expresses deep remorse for the women who patriotically served in the Armed Forces, but were forced, by official United States policy, to endure unnecessary and discriminatory actions, including the violation of their constitutional right to due process of law, simply because they became pregnant or became a parent while a member of the Armed Forces.

(1) STUDY REQUIRED.—The Comptroller General of the United States shall conduct a study regarding women involuntarily separated or discharged from the Armed Forces due to pregnancy or parenthood during the period of 1951 through 1976. The study shall identify—

(A) the number of such women, disaggregated by—

(i) Armed Force;

(ii) grade;

(iii) race; and

(iv) ethnicity;

(B) the characters of such discharges or separations;

(D) how such discharges or separations affected access of such women to health care and benefits through the Department of Veterans Affairs; and

(E) recommendations for improving access of such women to resources through the Department of Veterans Affairs.

(2) BRIEFING AND REPORT.—

(A) BRIEFING.—Not later than 6 months after the date of enactment of this Act, the Comptroller General shall brief the Committees on Armed Services and the Committees on Veterans’ Affairs of the Senate and the House of Representatives on the study.

(B) REPORT.—Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committees on Armed Services and the Committees on Veterans’ Affairs of the Senate and the House of Representatives on the results of the study conducted under paragraph (1).

SEC. 578. Task Force on Historical and Current Barriers to African American Participation and Equal Treatment in the Armed Services.

(a) Establishment.—The Secretary of Defense shall establish within the Department of Defense a task force to be known as the “Task Force on Historical and Current Barriers to African American Participation and Equal Treatment in the Armed Services” (hereafter referred to as the “Task Force”).

(b) Duties.—The Task Force shall advise, consult with, report to, and make recommendations to the Secretary, as appropriate, on the development, refinement, and implementation of policies, programs, planning, and training which will provide redress for historical barriers to African American participation and equal treatment in the Armed Services.

(1) INVESTIGATION OF HISTORICAL RECORD OF SLAVERY.—As part of its duties, the Task Force shall identify, compile, examine, and synthesize the relevant corpus of evidentiary documentation regarding the military or Armed Service’s involvement in the institution of slavery. The Task Force’s documentation and examination shall include facts related to—

(A) the capture and procurement of Africans;

(B) the transport of Africans to the United States and the colonies that became the United States for the purpose of enslavement, including their treatment during transport;

(C) the sale and acquisition of Africans and their descendants as chattel property in interstate and intrastate commerce;

(D) the treatment of African slaves and their descendants in the colonies and the United States, including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion, and families; and

(E) the extensive denial of humanity, sexual abuse, and the chatellization of persons.

(2) STUDY OF EFFECTS OF DISCRIMINATORY POLICIES IN THE ARMED SERVICES.—As part of its duties, the Task Force shall study and analyze the official policies or routine practices of the Armed Services with discriminatory intent or discriminatory effect on the formerly enslaved Africans and their descendants in the Armed Services following the overdue recognition of such persons as United States citizens beginning in 1868.

(3) STUDY OF OTHER FORMS OF DISCRIMINATION.—As part of its duties, the Task Force shall study and analyze the other forms of discrimination in the Armed Services against freed African slaves and their descendants who were belatedly accorded their rightful status as United States citizens from 1868 to the present.

(4) STUDY OF LINGERING EFFECTS OF DISCRIMINATION.—As part of its duties, the Task Force shall study and analyze the lingering negative effects of the institution of slavery and the matters described in the preceding paragraphs on living African Americans and their participation in the Armed Services.

(d) Recommendations for remedies.—

(1) RECOMMENDATIONS.—Based on the results of the investigations and studies carried out under subsection (c), the Task Force shall recommend appropriate remedies to the Secretary.

(2) ISSUES ADDRESSED.—In recommending remedies under this subsection, the Task Force shall address the following:

(A) How Federal laws and policies that continue to disproportionately and negatively affect African Americans as a group in the Armed Services, and those that perpetuate the lingering effects, materially and psycho-socially, can be eliminated.

(B) How the injuries resulting from the matters described in subsection (c) can be reversed through appropriate policies, programs, and projects.

(C) How, in consideration of the Task Force’s findings, to calculate any form of repair for inequities to the descendants of enslaved Africans.

(D) The form of that repair which should be awarded, the instrumentalities through which the repair should be provided, and who should be eligible for the repair of such inequities.

(e) Annual report.—

(1) SUBMISSION.—Not later than 90 days after the end of each year, the Task Force shall submit a report to the Secretary on its activities, findings, and recommendations during the preceding year.

(2) PUBLICATION.—Not later than 180 days after the date on which the Secretary receives an annual report for a year under paragraph (1), the Secretary shall publish a public version of the report, and shall include such related matters as the Secretary finds would be informative to the public during that year.

(f) Composition; governance.—

(1) COMPOSITION.—The Task Force shall be composed of such number of members as the Secretary may appoint from among individuals whom the Secretary finds are qualified to serve by virtue of their military service, education, training, activism or experience, particularly in the field of history, sociology, and African American studies.

(2) PUBLICATION OF LIST OF MEMBERS.—The Secretary shall post and regularly update on a public website of the Department of Defense the list of the members of the Task Force.

(3) MEETINGS.—The Task Force shall meet not less frequently than quarterly, and may convene additional meetings during a year as necessary. At least one of the meetings during each year shall be open to the public.

(4) GOVERNANCE.—The Secretary shall establish rules for the structure and governance of the Task Force.

(5) DEADLINE.—The Secretary shall complete the appointment of the members of the Task Force not later than 180 days after the date of the enactment of this Act.

SEC. 579. Best practices for the retention of certain female members of the Armed Forces.

The Secretaries of the military departments shall share and implement best practices (including use of civilian industry best practices) regarding the use of retention and exit survey data to identify barriers and lessons learned to improve the retention of female members of the Armed Forces under the jurisdiction of such Secretaries.

SEC. 579A. GAO report on low number of Hispanic leaders in the Armed Forces.

(1) the reasons for the low number of Hispanic officers and members of the Armed Forces in leadership positions; and

(2) recommendations to increase such numbers.

SEC. 579B. GAO report on low number of Hispanic cadets and midshipmen in the military service academies.

(1) the reasons for the low number of Hispanic cadets and midshipmen at the military service academies; and

(2) recommendations to increase such numbers.

SEC. 579C. Consideration of sexual orientation by Inspector General when conducting review of racial disparity in the Department of Defense.

The Inspector General of the Department of Defense shall take sexual orientation into account when conducting any review of racial disparity in such Department after the date of the enactment of this Act.

SEC. 581. Semiannual reports regarding review of service records of certain veterans.

(a) In general.— Section 586 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 7271 note) is amended—

(1) by redesignating subsection (h) as subsection (i);

(2) by inserting after subsection (g) the following new subsection (h):

“(h) Semiannual reports.—

“(1) REPORTS REQUIRED.—Not later than January 31 and July 31 each year, each Secretary of a military department shall submit to the appropriate committees of Congress a report regarding the review of service records under the jurisdiction of that Secretary pursuant to subsection (a).

“(2) ELEMENTS.—Each report under this subsection shall include the following:

“(A) The number of service records identified for review.

“(B) The number of service records reviewed during the preceding two calendar quarters.

“(C) The number of service records reviewed to date.

“(D) The number of full-time equivalent employees conducting reviews under subsection (a).

“(E) The number of work hours employees described in subparagraph (D) spent reviewing service records during the preceding two calendar quarters.

“(F) The number of work hours employees described in subparagraph (D) have spent reviewing service records to date.

“(G) A summary of any consultation with or information provided by a veterans service organization under subsection (c) during the preceding two calendar quarters.

“(H) A summary of any consultation with or information provided by a veterans service organization under subsection (c) to date.

“(3) TERMINATION.—The reporting requirement under this subsection shall terminate for the Secretary of a military department after that Secretary certifies in writing to the appropriate committees of Congress that the Secretary has—

“(A) completed the review of the service record of each covered veteran under the jurisdiction of that Secretary; and

“(B) submitted every recommendation under subsection (d) and every notification under subsection (f) that the Secretary intends to submit.”; and

(3) in subsection (i), as redesignated—

(A) in the heading, by striking “Definition” and inserting “Definitions”;

(B) by striking all that follows “section” and inserting a colon; and

“(1) The term ‘Native American Pacific Islander’ means a Native Hawaiian or Native American Pacific Islander, as those terms are defined in section 815 of the Native American Programs Act of 1974 (42 U.S.C. 2992c).

“(2) The term ‘appropriate committees of Congress’ means—

“(A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and

“(B) The Committees on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.”.

(b) Deadline.—The first report under subsection (h) of such section 586, as inserted by subsection (a), shall be due not later than July 31, 2022.

SEC. 582. Eligibility of veterans of Operation End Sweep for Vietnam Service Medal.

The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.

SEC. 583. Establishment of the Atomic Veterans Service Medal.

(a) Service medal required.—The Secretary of Defense shall design and produce a commemorative military service medal, to be known as the “Atomic Veterans Service Medal”, to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).

(b) Distribution of medal.—

(1) ISSUANCE TO RETIRED AND FORMER MEMBERS.—At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.

(2) ISSUANCE TO NEXT-OF-KIN.—In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.

(3) APPLICATION.—The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.

SEC. 584. Authorization for award of the Medal of Honor to Marcelino Serna for acts of valor during World War I.

(a) Authorization.—Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may posthumously award the Medal of Honor under section 7272 of such title to Marcelino Serna for the acts of valor described in the subsection (b).

(b) Acts of valor described.—The acts of valor described in this subsection are the actions of Marcelino Serna as a private in the Army during World War I, for which he was previously awarded the Distinguished-Service Cross.

SEC. 585. Rescission of Medals of Honor awarded for acts at Wounded Knee Creek on December 29, 1890.

(a) In general.—Each Medal of Honor awarded for acts at Wounded Knee Creek, Lakota Pine Ridge Indian Reservation, South Dakota, on December 29, 1890, is rescinded.

(b) Medal of Honor Roll.—The Secretary concerned shall remove the name of each individual awarded a Medal of Honor for acts described in subsection (a) from the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll maintained under section 1134a of title 10, United States Code.

(c) Return of medal not required.—No person may be required to return to the Federal Government a Medal of Honor rescinded under subsection (a).

(d) No denial of benefits.—This Act shall not be construed to deny any individual any benefit from the Federal Government.

SEC. 586. Inclusion of Purple Heart awards on military valor website.

The Secretary of Defense shall ensure that the publicly accessible internet website of the Department of Defense that lists individuals who have been awarded certain military awards includes a list of each individual who meets the following criteria:

(1) After the date of the enactment of this Act, the individual is awarded the Purple Heart.

(2) The individual elects to be included on such list (or, if the individual is deceased, the primary next of kin elects the individual to be included on such list).

SEC. 591. Command climate assessments: independent review; reports.

Section 587 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1561 note) is amended by adding at the end the following:

“(d) Independent review.—During fiscal year 2022 and annually thereafter, the Secretary of a military department shall establish an independent command climate review board (in this section referred to as an ‘ICCRB’) for each Armed Force under the jurisdiction of such Secretary.

“(1) DUTIES.—An ICCRB shall review the command climate, at each of no fewer than three military installations of the Armed Force concerned, regarding the following matters:

“(A) Command climate survey results.

“(B) Crime and other public safety issues.

“(C) Prevention of, and responses to, crime at the military installation.

“(D) Prevention of, and responses to, sexual assault and sexual harassment at the military installation.

“(E) Discrimination and equal opportunity at the military installation.

“(F) Suicides and other deaths of members serving at the military installation.

“(G) Any other matter determined appropriate by the Secretary of the military department concerned or the ICCRB.

“(2) METHODS.—An ICCRB shall conduct such review by means including—

“(A) an anonymous survey;

“(B) focus groups; and

“(C) individual interviews.

“(3) MEMBERSHIP.—An ICCRB shall be composed of no fewer than six individuals—

“(A) appointed by the Secretary of the military department concerned;

“(B) with expertise determined to be relevant by such Secretary; and

“(C) none of whom may be a member of an Armed Force or civilian employee of the Department of Defense.

“(4) SELECTION OF MILITARY INSTALLATIONS.—The Secretary of the military department concerned shall select, for review by an ICCRB, military installations that have—

“(A) lower-than-average results on command climate surveys;

“(B) higher-than-average crime rates;

“(C) higher-than-average incidence of suicide;

“(D) higher-than-average incidence of sexual assault and sexual harassment; and

“(E) higher-than-average number of equal opportunity complaints.

“(5) COORDINATION.—The Secretary of Defense shall direct the Offices of People Analytics, and of Force Resiliency, of the Department of Defense, to coordinate with an ICCRB.

“(6) REPORTS.—

“(A) Not later than September 30, 2022, and annually thereafter, an ICCRB shall submit to the Secretary of the military department concerned a report containing the results of the most recent review conducted by the ICCRB and recommendations of the ICCRB to improve the climate command at the military installations reviewed.

“(B) Not later than November 30, 2022, and annually thereafter, an ICCRB shall submit to the Committees on Armed Services of the Senate and House of Representatives the report under subparagraph (A).

“(e) Reports.—Not later than April 30, 2023, and annually thereafter—

“(1) the Secretary of a military department shall submit to the Secretary of Defense a report containing, with respect to the most recent climate command assessment for each Armed Force under the jurisdiction of such Secretary of a military department—

“(A) an analysis of responses, disaggregated by, with respect to respondents—

“(i) military installation;

“(ii) unit;

“(iii) major organization (at the brigade or equivalent level);

“(iv) major career fields (including combat arms, aviation, logistics, and medical);

“(v) ranks, grouped into junior, mid-grade, and senior—

“(I) enlisted; and

“(II) officers (including warrant officers);

“(vi) in the case of the Navy, sea duty and shore duty;

“(vii) gender;

“(viii) race; and

“(ix) ethnicity; and

“(B) actions taken and planned by the Secretary of a military department to improve negative responses and promote a positive command climate; and

“(2) the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing, with respect to the most recent climate command assessment for each Armed Force—

“(A) a summary of responses, disaggregated by, with respect to respondents—

“(i) Armed Force;

“(ii) military installation at which more than 5,000 members serve;

“(iii) major organization (at the brigade or equivalent level);

“(iv) major career fields (including combat arms, aviation, logistics, and medical);

“(v) ranks, grouped into junior, mid-grade, and senior—

“(I) enlisted; and

“(II) officers (including warrant officers);

“(vi) in the case of the Navy, sea duty and shore duty;

“(vii) gender;

“(viii) race; and

“(ix) ethnicity; and

“(B) actions taken and planned by the Secretary of Defense to improve negative responses and promote a positive command climate.”.

SEC. 592. Healthy eating in the Department of Defense.

(a) Authorization of element of the Department of Defense; plan.—

(1) ESTABLISHMENT.—The Secretary of Defense may establish an element of the Department of Defense responsible for implementing a plan to improve access to healthy food on military installations. If established, such element shall—

(A) be modelled on the Healthy Base Initiative of the Department; and

(B) include personnel with—

(i) expertise in food service operations;

(ii) up-to-date knowledge of modern healthy food delivery systems; and

(iii) deep understanding of food service in the Department.

(2) PLAN.—If implemented, the plan under paragraph (1) shall include—

(A) leading practices from campus dining services at institutions of higher learning and private entities; and

(B) lessons learned from previous efforts of the Secretary to make such improvements.

(b) Pilot program.—

(1) ESTABLISHMENT.—The Secretary may carry out a pilot program to develop and test appropriate business models that increase the availability, affordability, and acceptability of healthy foods in dining facilities of the Department.

(2) LOCATIONS.—For each Armed Force under the jurisdiction of the Secretary of a military department, the Secretary may establish a pilot program location at a military installation, located within the United States, of—

(A) the regular component of such Armed Force; and

(B) a reserve component of such Armed Force.

(3) MEAL CARD.—A pilot program under this subsection shall include—

(A) expansion of the use of meal cards by members outside of the primary dining facility at the military installation concerned; and

(B) providing access to all personnel of such installation access to all dining venues at such installation.

(4) PARTNERSHIPS.—The commander of each a military installation described in paragraph (2) may enter into an agreement with a local entity for the purposes of the pilot.

SEC. 593. Plant-based protein pilot program of the Navy.

(a) Establishment.—Not later than March 1, 2022, the Secretary of the Navy shall establish a pilot program to offer plant-based protein options at forward operating bases for consumption by members of the Navy.

(b) Locations.—Not later than March 1, 2022, the Secretary shall identify not fewer than two naval facilities to participate in the pilot program and shall prioritize facilities (such as Joint Region Marianas, Guam, Navy Support Facility, Diego Garcia, and U.S. Fleet Activities Sasebo, Japan) where livestock-based protein options may be costly to obtain or store.

(c) Rule of construction.—Nothing in this Act shall be construed to prevent offering livestock-based protein options alongside plant-based protein options at naval facilities identified under subsection (b).

(d) Termination.—The requirement to carry out the pilot program established under this section shall terminate three years after the date on which the Secretary establishes the pilot program required under this section.

(e) Report.—Not later than one year after the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the pilot program that includes the following:

(1) The consumption rate of plant-based protein options by members of the Navy under the pilot program.

(2) Effective criteria to increase plant-based protein options at naval facilities not identified under subsection (b).

(3) An analysis of the costs of obtaining and storing plant-based protein options compared to the costs of obtaining and storing livestock-based protein options at selected naval facilities.

(f) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

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

(B) the Committee on Armed Forces of the Senate.

(2) PLANT-BASED PROTEIN OPTIONS.—The term “plant-based protein options” means edible products made from plants (such as vegetables, beans, and legumes), fungi, or other non-animal sources of protein.

SEC. 594. Reports on misconduct by members of special operations forces.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, and every six months thereafter for five years, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding misconduct by members of special operations forces during the six months preceding the date of such report.

(b) Special operations forces defined.—In this section, the term “special operations forces” means forces described in section 167(j) of title 10, United States Code.

SEC. 595. Updates and preservation of memorials to chaplains at Arlington National Cemetery.

(a) Updates and preservation of memorials.—

(1) PROTESTANT CHAPLAINS MEMORIAL.—The Secretary of the Army may permit NCMAF—

(A) to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial;

(B) to add an additional plaque to the stone base added pursuant to subparagraph (A) to include the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed; and

(2) CATHOLIC AND JEWISH CHAPLAIN MEMORIALS.—The Secretary of the Army may permit NCMAF to update and make corrections to the Catholic and Jewish chaplain memorials located on Chaplains Hill that may be needed as determined by the Secretary.

(3) NO COST TO FEDERAL GOVERNMENT.—The activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government.

(b) Verification of names.—NCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served.

(c) Prohibition on expansion of memorials.—Except as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act.

(d) Definitions.—In this section:

(1) The term “Chaplains Hill” means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill.

(2) The term “NCMAF” means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section.

SEC. 596. Report regarding best practices for community engagement.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense and the Secretaries of the military departments shall jointly submit to Congress a report on best practices for coordinating relations with State and local governmental entities in the State of Hawaii.

(b) Best practices.—The best practices referred to in subsection (a) shall address each of the following issues:

(1) Identify comparable locations with joint base military installations or of other densely populated metropolitan areas with multiple military installations and summarize lessons learns from any similar efforts to engage with the community and public officials.

(2) Identify all the major community engagement efforts by the services, commands, installations and other military organizations in the State of Hawaii.

(3) Evaluate the current community outreach efforts to identify any outreach gaps or coordination challenges that undermine the military engagement with the local community and elected official in the State of Hawaii.

(4) Propose options available to create an enhanced, coordinated community engagement effort in the State of Hawaii based on the department’s evaluation.

(5) Resources to support the coordination described in this subsection, including the creation of joint liaison offices that are easily accessible to public officials to facilitate coordinating relations with State and local governmental agencies.

SEC. 597. Improved Department of Defense prevention of and response to bullying in the Armed Forces.

Section 549 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is amended—

(1) in the section heading, by inserting “and bullying” after “hazing”;

(2) in subsection (a)—

(A) in the heading, by inserting “and anti-bullying” after “Anti-hazing”;

(B) by inserting “(including formal, informal, and anonymous reports)” after “collection of reports”; and

(3) in subsection (b), by inserting “and bullying” after “hazing”; and

(4) in subsection (c)—

(A) in the heading, by inserting “and bullying” after “hazing”;

(B) in paragraph (1)—

(i) in the matter preceding subparagraph (A)—

(I) by striking “January 31, 2021 ” and inserting “January 31, 2027”; and

(II) by striking “each Secretary of a military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary,” and inserting “the Secretary of Defense”;

(ii) in subparagraph (A), by inserting “or bullying” after “hazing”;

(iii) in subparagraph (B), by inserting “formally, informally, and” before “anonymously”; and

(iv) in subparagraph (C), by inserting “and anti-bullying” after “anti-hazing”; and

“(2) ADDITIONAL ELEMENTS.—Each report required by this subsection shall include the following:

“(A) A description of comprehensive data-collection systems of each Armed Force described in subsection (b) and the Office of the Secretary of Defense for collecting hazing or bullying reports involving a member of the Armed Forces, including formal, informal, and anonymous reports.

“(B) A description of processes of each Armed Force described in subsection (b) to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology each such Armed Force uses to categorize and count potential instances of hazing or bullying.

“(C) An assessment by each Secretary of a military department of the quality and need for training on recognizing and preventing hazing and bullying provided to members under the jurisdiction of such Secretary.

“(D) An assessment by the Office of the Secretary of Defense of—

“(i) the effectiveness of each Armed Force described in subsection (b) in tracking and reporting instances of hazing or bullying;

“(ii) whether the performance of each such Armed Force was satisfactory or unsatisfactory in the preceding fiscal year.

“(E) Recommendations of the Secretary to improve—

“(i) elements described in subparagraphs (A) through (D).

“(ii) the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Armed Forces.

“(F) The status of efforts of the Secretary to evaluate the prevalence of hazing and bullying in the Armed Forces.

“(G) Data on allegations of hazing and bullying in the Armed Forces, including—

“(i) number of formal, informal, and anonymous reports; and

“(ii) final disposition of investigations.

“(H) Plans of the Secretary to improve hazing and bullying prevention and response during the next reporting year.”.

SEC. 598. Addition of element to report regarding the designation of Explosive Ordnance Disposal Corps as a basic branch of the Army.

Section 582(b)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 3063 note) is amended by adding at the end the following new subparagraph:

“(H) The Secretary of the Army has designated an Assistant Secretary of the Army as the key individual responsible for developing and overseeing policy, plans, programs, and budgets, and issuing guidance and providing direction on the explosive ordnance disposal activities of the Army.”.

SEC. 599. Military justice career track for judge advocates.

(a) Establishment.—Each Secretary of a military department shall establish a military justice career track for judge advocates under the jurisdiction of the Secretary.

(b) Requirements.—In establishing a military justice career track under subsection (a) the Secretary concerned shall—

(1) ensure that the career track leads to judge advocates with military justice expertise in the grade of colonel, or in the grade of captain in the case of judge advocates of the Navy, to prosecute and defend complex cases in military courts-martial;

(2) include the use of skill identifiers to identify judge advocates for participation in the career track from among judge advocates having appropriate skill and experience in military justice matters;

(3) issue guidance for promotion boards considering the selection for promotion of officers participating in the career track in order to ensure that judge advocates who are participating in the career track have the same opportunity for promotion as all other judge advocate officers being considered for promotion by such boards.

(c) Secretary concerned defined.—In this section, the term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.

SEC. 599A. Annual report regarding cost of living for members and employees of the Department of Defense.

Section 136 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(e) The Under Secretary of Defense for Personnel and Readiness shall submit annually to the Committees on Armed Services of the Senate and House of Representatives a report containing an analysis of the costs of living, nationwide, for—

“(1) members of the Armed Forces on active duty; and

“(2) employees of the Department of Defense.”.

SEC. 599B. Comptroller General assessment of quality and nutrition of food available at military installations for members of the Armed Forces.

(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) An assessment of the extent to which the Department of Defense has evaluated how such recommendations, policies, and information affect health outcomes of members of the Armed Forces or retention rates for those members who do not meet physical standards set forth by the Department.

(5) A description of how the Secretary gathers input on the quality of food service options provided to members of the Armed Forces.

(6) 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.

(7) 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.

(8) 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.

(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. 599C. Study and report on herbicide agent exposure in Panama Canal Zone.

(a) Study.—The Secretary of Defense shall conduct a study on the exposure of members of the Armed Forces to herbicide agents, including Agent Orange and Agent Purple, in the Panama Canal Zone during the period beginning on January 1, 1958, and ending on December 31, 1999.

(b) Report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a).

SEC. 599D. Report on Requests for Equitable Adjustment in Department of the Navy.

(a) Report required.—Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report detailing the processing of Requests for Equitable Adjustment by the Department of the Navy, including progress in complying with the covered directive.

(b) Contents.—The report required under subsection (a) shall include, at a minimum, the following:

(1) The number of Requests for Equitable Adjustment submitted since October 1, 2011.

(2) The organizations within the Department of the Navy to which such Requests were submitted.

(3) The number of Requests for Equitable Adjustment outstanding as of the date of the enactment of this Act.

(4) The number of Requests for Equitable Adjustment agreed to but not paid as of the date of the enactment of this Act, including a description of why each such Request has not been paid.

(5) A detailed explanation of the efforts by the Department of the Navy to ensure compliance with the covered directive.

(c) Covered directive defined.—In this section, the term “covered directive” means the directive of the Assistant Secretary of the Navy for Research, Development, and Acquisition, dated March 20, 2020, directing payment of all settled Requests for Equitable Adjustment and the expeditious resolution of all remaining Requests for Equitable Adjustment.

SEC. 599E. GAO study on tattoo policies of the Armed Forces.

(a) Study.—The Comptroller General of the United States shall evaluate the tattoo policies of each Armed Force, including—

(1) the effects of such policies on recruitment, retention, reenlistment of members of the Armed Forces; and

(2) processes for waivers to such policies to recruit, retain, or reenlist members who have unauthorized tattoos.

(b) Report.—Not later than March 31, 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the results of the evaluations under subsection (a).

SEC. 601. Basic needs allowance for low-income regular members.

(a) In general.—Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section:

“§ 402b. Basic needs allowance for low-income regular members

“(a) Allowance required.— (1) Subject to paragraph (2), the Secretary of Defense shall pay to each covered member a basic needs allowance in the amount determined for such member under subsection (b).

“(2) In the event a household contains two or more covered members entitled to receive the allowance under this section in a given year, only one allowance may be paid for that year to a covered member among such covered members whom such covered members shall jointly elect.

“(b) Amount of allowance for a covered member.—

(1) The amount of the monthly allowance payable to a covered member under subsection (a) for a year shall be the aggregate amount equal to—

“(A) the aggregate amount equal to—

“(i) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; minus

“(ii) the gross household income of the covered member during the preceding year; and

“(B) divided by 12.

“(2) The monthly allowance payable to a covered member for a year shall be payable for each of the 12 months following March of such year.

“(c) Notice of eligibility.— (1) (A) Not later than December 31 each year, the Director of the Defense Finance and Accounting Service shall notify, in writing, each individual whom the Director estimates will be a covered member during the following year of the potential entitlement of that individual to the allowance described in subsection (a) for that following year.

“(B) The preliminary notice under subparagraph (A) shall include information regarding financial management and assistance programs administered by the Secretary of Defense for which a covered member is eligible.

“(2) Not later than January 31 each year, each individual who seeks to receive the allowance for such year (whether or not subject to a notice for such year under paragraph (1)) shall submit to the Director such information as the Director shall require for purposes of this section in order to determine whether or not such individual is a covered member for such year.

“(3) Not later than February 28 each year, the Director shall notify, in writing, each individual the Director determines to be a covered member for such year.

“(d) Election not To receive allowance.— (1) A covered member otherwise entitled to receive the allowance under subsection (a) for a year may elect, in writing, not to receive the allowance for such year. Any election under this subsection shall be effective only for the year for which made. Any election for a year under this subsection is irrevocable.

“(2) A covered member who does not submit information described in subsection (d)(2) for a year as otherwise required by that subsection shall be deemed to have elected not to receive the allowance for such year.

“(e) Definitions.—In this section:

“(1) The term ‘covered member’ means a regular member of an armed force under the jurisdiction of the Secretary of a military department—

“(A) who has completed initial entry training;

“(B) whose gross household income during the most recent year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; and

“(C) who does not elect under subsection (d) not to receive the allowance for such year.

“(2) The term ‘gross household income’ of a covered member for a year for purposes of paragraph (1)(B) does not include any basic allowance for housing received by the covered member (and any dependents of the covered member in the household of the covered member) during such year under section 403 of this title.

“(f) Regulations.—The Secretary of Defense shall prescribe regulations for the administration of this section. Subject to subsection (e)(2), such regulations shall specify the income to be included in, and excluded from, the gross household income of individuals for purposes of this section.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item:

“402b. Basic needs allowance for low-income regular members.”.

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

(a) In general.—Subchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:

“§ 357. Incentive pay authorities for members of the reserve components of the armed forces

“Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.”.

(b) Technical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 356 the following:

“357. Incentive pay authorities for members of the reserve components of the armed forces.”.

(c) Report.—Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services a report regarding the plan of the Secretary to implement section 357 of such title, as added by subsection (a), an estimate of the costs of such implementation, and the number of members described in such section.

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

(a) Lodging in kind for reserve component members performing training.—

(1) IN GENERAL.—Section 12604 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c) Lodging in kind.— (1) In the case of a member of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind.

“(2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary concerned.

“(3) The Secretary may pay service charge expenses under paragraph (1) and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses.

“(4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander.”.

(2) CONFORMING AMENDMENT.—Section 474 of title 37, United States Code, is amended by striking subsection (i).

(b) Mandatory pet quarantine fees for household pets.—Section 451(b)(8) of title 37, United States Code, is amended by adding at the end the following: “Such costs include pet quarantine expenses.”.

(1) IN GENERAL.—Section 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraphs:

“(18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii).

“(19) Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.”.

(2) DEFINITIONS.—Section 451 of title 37, United States Code, as amended by subsection (b) of this section, is amended—

(A) in subsection (a)(2)(H), by adding at the end the following new clauses:

“(vii) Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is outside the continental United States (other than in Alaska or Hawaii).

“(viii) Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.”; and

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

“(10) (A) The term ‘permanent duty assignment location’ means—

“(i) the official station of a member of the uniformed services; or

“(ii) the residence of a dependent of a member of the uniformed services.

“(B) As used in subparagraph (A)(ii), the residence of a dependent who is a student not living with the member while at school is the permanent duty assignment location of the dependent student.”.

(d) Dependent transportation incident to ship construction, inactivation, and overhauling.—

(1) IN GENERAL.—Section 452 of title 37, United States Code, as amended by subsection (c) of this section, is further amended—

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

“(20) Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.”; and

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

“(i) Dependent transportation incident to ship construction, inactivation, and overhauling.—The authority under subsection (a) for travel in connection with circumstances described in subsection (b)(19) shall be subject to the following terms and conditions:

“(1) The Service member must be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter.

“(2) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation may be provided, in lieu of the member’s entitlement to transportation, for the member’s dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation.

“(3) The total reimbursement for transportation for the member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel.”.

(2) DEFINITIONS.—Section 451(a)(2)(H) of title 37, United States Code, as amended by subsection (c) of this section, is further amended by adding at the end the following new clause:

“(ix) Transportation of a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.”.

SEC. 604. Unreimbursed moving expenses for members of the Armed Forces: report; policy.

(a) Report.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on unreimbursed moving expenses incurred by members of the Armed Forces and their families, disaggregated by Armed Force, rank, and military housing area. In such report, the Secretary shall examine the root causes of such unreimbursed expenses.

(b) Policy.—The Secretary shall establish a uniform policy regarding unreimbursed expenses described in subsection (a).

SEC. 605. Report on relationship between basic allowance for housing and sizes of military families.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on whether the basic allowance for housing under section 403 of title 37, United States Code, is sufficient for the average family size of members of the Armed Forces, disaggregated by Armed Force, rank, and military housing area.

SEC. 606. Report on temporary lodging expenses in competitive housing markets.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the appropriateness of the maximum payment period of 10 days under subsection (c) of section 474a of title 37, United States Code in highly competitive housing markets. Such report shall include how the Secretary educates members of the Armed Forces and their families about their ability to request payment under such section.

SEC. 607. Report on rental partnership programs.

(a) Report required.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the rental partnership programs of the Armed Forces. Such report shall include—

(1) the numbers and percentages of members of the Armed Forces who do not live in housing located on military installations who participate in such programs; and

(2) the recommendation of the Secretary whether Congress should establish annual funding for such programs and, if so, what in amounts.

(b) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The Committee on Armed Services of the House of Representatives.

(2) The Committee on Armed Services of the Senate.

(3) The Committee on Transportation and Infrastructure of the House of Representatives.

(4) The Committee on Commerce, Science, and Transportation of the Senate.

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

(a) Authorities relating to reserve forces.—Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2021” and inserting “December 31, 2022”.

(b) Title 10 authorities relating to health care professionals.—The following sections of title 10, United States Code, are amended by striking “December 31, 2021” and inserting “December 31, 2022”:

(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(c) Authorities relating to nuclear officers.—Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2021” and inserting “December 31, 2022”.

(d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.—The following sections of title 37, United States Code, are amended by striking “December 31, 2021” and inserting “December 31, 2022”:

(1) Section 331(h), relating to general bonus authority for enlisted members.

(2) Section 332(g), relating to general bonus authority for officers.

(3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

(6) Section 351(h), relating to hazardous duty pay.

(7) Section 352(g), relating to assignment pay or special duty pay.

(8) Section 353(i), relating to skill incentive pay or proficiency bonus.

(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

(e) Authority to provide temporary increase in rates of basic allowance for housing.—Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2021” and inserting “December 31, 2022”.

SEC. 621. Expansion of parental leave for members of the Armed Forces.

(a) Expansion.—Section 701 of title 10, United States Code, is amended—

(1) in subsection (i)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking “twelve weeks” and inserting “18 weeks”;

(ii) in subparagraph (B), by striking “six weeks” and inserting “12 weeks”; and

(iii) by adding at the end the following new subparagraph:

“(C) Under the regulations prescribed for purposes of this subsection, a member of the armed forces described in paragraph (2) who is the primary caregiver in the case of a long-term placement of a foster child is allowed up to 12 weeks of total leave to be used in connection with such placement, subject to limits as determined by the Secretary regarding—

“(i) the total number of times that a member of the armed forces may use leave under this section with respect to the placement of a foster child; and

“(ii) the frequency with which a member of the armed forces may use leave under this section with respect to the placement of a foster child.”;

(B) in paragraph (5), by striking “birth or adoption” and inserting “birth, adoption, or foster child placement”; and

(2) in subsection (j)—

(A) in paragraph (1), by striking “21 days” and inserting “12 weeks”;

(B) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;

“(2) Under the regulations prescribed for purposes of this subsection, a member of the armed forces described in subsection (i)(2) who is the secondary caregiver in the case of a long-term placement of a foster child is allowed up to 12 weeks of total leave to be used in connection with such placement, subject to limits as determined by the Secretary regarding—

“(A) the total number of times that a member of the armed forces may use leave under this section with respect to the placement of a foster child; and

“(B) the frequency with which a member of the armed forces may use leave under this section with respect to the placement of a foster child.”;

(D) in paragraph (4), as redesignated, by striking “only in one increment in connection with such birth or adoption” and inserting “in more than one increment in connection with such birth, adoption, or foster child placement in accordance with regulations prescribed by the Secretary of Defense”; and

(E) by adding at the end the following new paragraph (6):

“(6) Under regulations prescribed for purposes of this subsection, the Secretary shall provide a member of the armed forces described in subsection (i)(2), who would have been a secondary caregiver but for a miscarriage, stillbirth, or infant death, with leave—

“(A) in addition to leave under subsection (a); and

“(B) not to exceed the amount of leave under paragraph (1).”;

(3) in subsection (l), by inserting “ordered to temporary duty overnight travel, or ordered to participate in physically demanding field training exercises,” before “during”; and

(4) by adding at the end the following new subsection (m):

“(m) A member of the armed forces who gives birth while on active duty may be required to meet body composition standards or pass a physical fitness test during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and—

“(1) at the election of such member; or

“(2) in the interest of national security, as determined by the Secretary of Defense.”.

(b) Regulations; guidance and policies.—

(1) REGULATIONS.—The Secretary of Defense shall prescribe regulations—

(A) for leave under subsection (i)(1)(C) and subsection (j)(2) of section 701 of title 10, United States Code, as amended by subsection (a), not later than one year after the date of the enactment of this Act;

(B) that establish leave, consistent across the Armed Forces, under subsection (j)(6) of such section not later than one year after the date of the enactment of this Act; and

(C) that establish convalescent leave, consistent across the Armed Forces, under subsection (i)(1) of such section not later than 180 days after the date of the enactment of this Act.

(2) GUIDANCE AND POLICIES.—Each Secretary of a military department shall prescribe—

(A) policies to establish the maximum amount of leave under subsection (i)(1) of section 701 of title 10, United States Code, as amended by subsection (a), not later than one year after the date of the enactment of this Act;

(B) policies to implement leave under subsection (i)(5) or (j)(4) of such section not later than 180 days after the date of the enactment of this Act;

(C) policies to implement not less than 21 days of leave pursuant to regulations prescribed under paragraphs (1) and (2) of subsection (j) of such section not later than one year after the date of the enactment of this Act; and

(D) policies to implement the maximum amount of leave pursuant to regulations prescribed under paragraphs (1) and (2) of subsection (j) of such section not later than five years after the date of the enactment of this Act.

(c) Reporting.—Not later than January 1, 2023, and annually thereafter, each Secretary of a military department shall submit to the appropriate congressional committees a report containing the following:

(1) The use, during the preceding fiscal year, of leave under subsections (i) and (j) of section 701 of title 10, United States Code, as amended by subsection (a), disaggregated by births, adoptions, and foster placements, including—

(A) the number of members in each Armed Force under the jurisdiction of the Secretary who became primary caregivers;

(B) the number of members in each Armed Force under the jurisdiction of the Secretary who became secondary caregivers;

(D) the number of secondary caregivers who used secondary caregiver leave;

(E) the number of primary caregivers who used the maximum amount of primary caregiver leave;

(F) the number of secondary caregivers who used the maximum amount of secondary caregiver leave;

(G) the number of primary caregivers who utilized primary caregiver leave in multiple increments;

(H) the number of secondary caregivers who utilized primary caregiver leave in multiple increments;

(I) the median duration of primary caregiver leave used by primary caregivers;

(J) the median duration of secondary caregiver leave used by secondary caregivers; and

(K) other information the Secretary determines appropriate.

(2) An analysis of the effect of leave described in paragraph (1) on—

(A) readiness; and

(B) retention.

(3) Any actions taken by the Secretary to mitigate negative effects described in paragraph (2).

(4) The number of members deployed under each paragraph of subsection (l) of section 701 of title 10, United States Code, as amended by subsection (a).

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) The Committee on Armed Services of the House of Representatives.

(2) The Committee on Armed Services of the Senate.

(3) The Committee on Transportation and Infrastructure of the House of Representatives.

(4) The Committee on Commerce, Science, and Transportation of the Senate.

SEC. 622. Transitional compensation and benefits for the former spouse of a member of the Armed Forces who allegedly committed a dependent-abuse offense during marriage.

(a) In general.—Section 1059 of title 10, United States Code, is amended—

(1) in the heading—

(A) by striking “separated for” and inserting “who commit”; and

(B) by inserting “; health care” after “exchange benefits”;

(2) in subsection (b)—

(A) in the heading, by striking “Punitive and Other Adverse Actions Covered” and inserting “Covered members”;

(B) in paragraph (2), by striking “offense.” and inserting “offense; or”; and

“(3) who is not described in paragraph (1) or (2) and whose former spouse alleges that the member committed a dependent-abuse offense—

“(A) during the marriage to the former spouse;

“(B) for which the applicable statute of limitations has not lapsed; and

“(C) that an incident determination committee determines meets the criteria for abuse.”;

(3) in subsection (e)(1)—

(A) in subparagraph (A)(ii), by striking “; and” and inserting a semicolon;

(B) in subparagraph (B), by striking the period at the end and inserting “; and”; and

“(C) in the case of a member described in subsection (b)(3), shall commence upon the date of the final decree of divorce, dissolution, or annulment of that member from the former spouse described in such subsection.”; and

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

“(n) Health care for certain former spouses.—The Secretary concerned shall treat a former spouse described in subsection (b)(3) as an abused dependent described in section 1076(e) of this title.”.

(b) Technical amendment.—The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1059 and inserting the following:

“1059. Dependents of members who commit dependent abuse: transitional compensation; commissary and exchange benefits; health care.”.

(c) Effective date.—The amendments made by this Act shall apply to a former spouse described in subsection (b)(3) of such section 1059, as added by subsection (a)(2) of this section, whose final decree of divorce, dissolution, or annulment described in subsection (e)(1)(C) of such section 1059, as added by subsection (a)(3) of this section, is issued on or after the date of the enactment of this Act.

SEC. 623. Claims relating to the return of personal effects of a deceased member of the Armed Forces.

Section 1482(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(11) (A) Delivery of personal effects of a decedent to the next of kin or other appropriate person.

“(B) If the Secretary concerned enters into an agreement with an entity to carry out subparagraph (A), the Secretary concerned shall pursue a claim against such entity that arises from the failure of such entity to substantially perform such subparagraph.

“(C) If an entity described in subparagraph (B) fails to substantially perform subparagraph (A) by damaging, losing, or destroying the personal effects of a decedent, the Secretary concerned shall reimburse the person designated under subsection (c) the fair market value of the damage, loss, or destruction of such personal effects. The Secretary concerned may request from, the person designated under subsection (c), proof of fair market value and ownership of the personal effects.”.

SEC. 624. Space-available travel for children, surviving spouses, parents, and siblings of members of the Armed Forces who die while serving in the active military, naval, or air service.

(a) Expansion of eligibility.—Section 2641b(c) of title 10, United States Code, is amended—

(1) by redesignating paragraph (6) as paragraph (7); and

(2) by inserting after paragraph (5) the following new paragraph (6):

“(6) Children, surviving spouses, parents, and siblings of members of the armed forces who die while serving in the active military, naval, or air service (as that term is defined in section 101 of title 38).”.

(b) Related instruction.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Instruction 4515.13 to ensure that individuals eligible for space-available travel on aircraft of the Department under paragraph (6) of such section, as amended by subsection (a), are placed in a category of travellers not lower than category V.

SEC. 625. Travel and transportation allowances for family members to attend the funeral and memorial services of members.

Section 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraph:

“(18) Presence of family members at the funeral and memorial services of members.”.

SEC. 626. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care.

Section 589(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) by inserting “(1)” before “The Secretary”; and

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

“(2) The Secretary may carry out the pilot program at other locations the Secretary determines appropriate.”.

SEC. 627. Continuation of paid parental leave for a member of the Armed Forces upon death of child.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend the regulations prescribed pursuant to subsections (i) and (j) of section 701 of title 10, United States Code, to ensure that paid parental leave that has already been approved for a member of the Armed Forces who is a primary or secondary caregiver (as defined under such regulations) may not be terminated upon the death of the child for whom such leave is taken.

SEC. 628. Casualty assistance program: reform; establishment of working group.

(a) Casualty Assistance Reform Working Group.—

(1) ESTABLISHMENT.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the “Casualty Assistance Reform Working Group” (in this section referred to as the “Working Group”).

(2) DUTIES.—The Working Group shall perform the following duties:

(A) Create standards and training for CAOs across the military departments.

(B) Explore the possibility of establishing a unique badge designation for—

(i) CAOs who have performed CAO duty more than five times; or

(ii) professional CAOs.

(i) documents the current workflow of casualty affairs support across the military departments, including administrative processes and survivor engagements; and

(ii) performs a gap analysis and solution document that clearly identifies and prioritizes critical changes to modernize and professionalize the casualty experience for survivors.

(D) Review the organization of the Office of Casualty, Mortuary Affairs and Military Funeral Honors to ensure it is positioned to coordinate policy and assist in all matters under its jurisdiction, across the Armed Forces, including any potential intersections with the Defense Prisoner of War and Missing in Action Accounting Agency.

(E) Explore the establishment of—

(i) an annual meeting, led by the Secretary of Defense, with gold star families; and

(ii) a surviving and gold star family leadership council.

(F) Recommend improvements to the family notification process of Arlington National Cemetery.

(G) Explore the redesign of the Days Ahead Binder, including creating an electronic version.

(H) Consider the expansion of the DD Form 93 to include more details regarding the last wishes of the deceased member.

(I) Assess coordination between the Department of Defense and the Office of Survivors Assistance of the Department of Veterans Affairs.

(3) MEMBERSHIP.—The membership of the Working Group shall be comprised of the following:

(A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as Chair of the Working Group.

(B) One individual from each Armed Force, appointed by the Secretary of the military department concerned, who is—

(i) a civilian employee in the Senior Executive Service; or

(ii) an officer in a grade higher than O-6.

(i) a civilian employee in the Senior Executive Service; or

(ii) an officer in a grade higher than O-6.

(D) The Director of the Defense Prisoner of War and Missing in Action Accounting Agency.

(E) The Director of the Defense Health Agency (or the designee of such Director).

(F) The Chief of Chaplains of each Armed Force.

(G) Such other members of the Armed Forces or civilian employees of the Department of Defense whom the Secretary of Defense determines to appoint.

(4) REPORT.—Not later than September 30, 2022, the Working Group shall submit to the Secretary of Defense a report containing the determinations and recommendations of the Working Group.

(5) TERMINATION.—The Working Group shall terminate upon submission of the report under paragraph (4).

(b) Report required.—Not later than November 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the casualty assistance officer program, including the report of the Working Group.

(c) Establishment of certain definitions.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall prescribe regulations that establish standard definitions, for use across the military departments, of the terms “gold star family” and “gold star survivor”.

(d) CAO defined.—In this section, the term “CAO” means a casualty assistance officer of the Armed Forces.

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

Section 2484(h) of title 10, United States Code, is amended—

(1) in paragraph (5), by adding at the end the following new subparagraphs:

“(F) Amounts made available for any purpose set forth in paragraph (1) pursuant to an agreement with a host nation.

“(G) Amounts appropriated for repair or reconstruction of a commissary store in response to a disaster or emergency.”; and

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

“(6) Revenues made available under paragraph (5) for the purposes set forth in paragraphs (1), (2), and (3) may be supplemented with additional funds derived from—

“(A) improved management practices implemented pursuant to sections 2481(c)(3), 2485(b), and 2487(c) of this title; and

“(B) the variable pricing program implemented pursuant to subsection (i).”.

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

Section 1044a of title 10, United States Code, is amended by adding at the end the following new subsection:

“(e) (1) A person named in subsection (b) may exercise the powers described in subsection (a) through electronic or online means, including under circumstances where the individual with respect to whom such person is performing the notarial act is not physically present in the same location as such person.

“(2) A determination of the authenticity of a notarial act authorized in this section shall be made without regard to whether the notarial act was performed through electronic or online means.

“(3) A log or journal of a notarial act authorized in this section shall be considered for evidentiary purposes without regard to whether the log or journal is in electronic or online form.”.

SEC. 642. Termination of telephone, multichannel video programming, and internet access service contracts by servicemembers who enter into contracts after receiving military orders for permanent change of station but then receive stop movement orders due to an emergency situation.

(a) In general.—Section 305A(a)(1) of the Servicemembers Civil Relief Act (50 U.S.C. 3956) is amended—

(1) by striking “after the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract.” and inserting “after—”; and

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

“(A) the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract; or

“(B) the date the servicemember, while in military service, receives military orders for a permanent change of station, thereafter enters into the contract, and then after entering into the contract receives a stop movement order issued by the Secretary of Defense in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember from using the services provided under the contract.”.

(b) Retroactive application.—The amendments made by this section shall apply to stop movement orders issued on or after March 1, 2020.

SEC. 643. Space available travel for members of the Armed Forces to attend funerals and memorial services.

The Secretary of Defense shall modify the space available travel program established pursuant to section 2641b of title 10, United States Code, to include, as authorized category II travel, space available travel for a member of the Armed Forces when the primary purpose of the member’s travel is to attend a funeral or memorial service.

SEC. 644. Alexander Lofgren Veterans in Parks program.

Section 805 of the Federal Lands Recreation Enhancement Act (Public Law 108–447; 118 Stat. 3385; 16 U.S.C. 6804) is amended—

(1) in subsection (a)(4), by striking “age and disability discounted” and inserting “age discount and lifetime”; and

(2) in subsection (b)—

(A) in the heading, by striking “Discounted” and inserting “Free and discounted”;

(B) in paragraph (2)—

(i) in the heading, by striking “Disability discount” and inserting “Lifetime passes”; and

(ii) by striking subparagraph (B) and inserting the following:

“(B) Any veteran who provides adequate proof of military service as determined by the Secretary.

“(C) Any member of a Gold Star Family who meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction).”; and

(i) in the heading, by striking “Gold star families parks pass” and inserting “Annual passes”; and

(ii) by striking “members of” and all that follows through the end of the sentence and inserting “members of the Armed Forces and their dependents who provide adequate proof of eligibility for such pass as determined by the Secretary.”.

SEC. 701. Improvement of postpartum care for certain members of the Armed Forces and dependents.

(a) Postpartum care for certain members and dependents.—

(1) POSTPARTUM CARE.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:

“§ 1074p. Postpartum care for certain members and dependents

“(a) Postpartum mental health assessments.— (1) At the intervals described in paragraph (2), and upon the consent of the covered individual, the Secretary shall furnish to a covered individual postpartum mental health assessments, which shall include screening questions related to postpartum anxiety and postpartum depression.

“(2) The intervals described in this subparagraph are, with respect to the date on which the covered individual gives birth, as follows:

“(A) One month after such date.

“(B) Two months after such date.

“(C) Four months after such date.

“(D) Six months after such date.

“(3) The Secretary may adjust the intervals described in paragraph (2) as the Secretary determines appropriate, taking into account the recommendations of established professional medical associations such as the American Academy of Pediatrics.

“(4) Postpartum mental health assessments furnished under paragraph (1) may be provided concurrently with the well-child visits for the infant of the covered individual, including with respect to the initial well-child visit specified in subsection (c).

“(b) Pelvic health.— (1) Prior to the initial postpartum discharge of a covered individual from the military medical treatment facility at which the covered individual gave birth, the Secretary shall furnish to the covered individual a medical evaluation for pelvic health.

“(2) The Secretary shall ensure that if, as the result of an evaluation furnished pursuant to paragraph (1), the health care provider who provided such evaluation determines that physical therapy for pelvic health (including the pelvic floor) is appropriate, a consultation for such physical therapy is provided upon discharge and in connection with a follow-up appointment of the covered individual for postpartum care that occurs during the period that is six to eight weeks after the date on which the covered individual gives birth.

“(3) Consultations offered pursuant to paragraph (2) shall be conducted in-person wherever possible, but if the Secretary determines that a covered individual for whom the consultation is offered is located in a geographic area with an inadequate number of physical therapists or health professionals trained in providing such consultations, the consultation may be provided through a telehealth appointment.

“(c) Concurrent scheduling of certain appointments.—The Secretary shall ensure that there is provided within each military medical treatment facility an option for any covered individual who has given birth at the facility, and who is eligible to receive care at the facility, to schedule a follow-up appointment for postpartum care of the covered individual that is concurrent with the date of the initial well-child visit for the infant of the covered individual.

“(d) Definitions.—In this section:

“(1) The term ‘covered individual’ means a member of the armed forces (including the reserve components) performing active service, or a dependent of such member, who is entitled to medical care under this chapter.

“(2) The term ‘well-child visit’ means a regularly scheduled medical appointment with a pediatrician for the general health and development of a child, as recommended by the American Academy of Pediatrics or a similarly established professional medical association.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item:

“1074p. Postpartum care for certain members and dependents.”.

(3) EFFECTIVE DATE AND APPLICABILITY.—The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply with respect to births that occur on or after the date that is six months after the date of the enactment of this Act.

(b) Standardized policies.—Not later than after 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1) develop a standardized policy under which neither a member of the Armed Forces who gives birth while on active duty, nor a member of the reserve components who gives birth (regardless of whether such birth occurs while the member of the reserve components is performing active service), may be required to take a physical fitness test until the date that is one year after the date on which such member gave birth;

(2) develop a standardized policy for postpartum body composition assessments with respect to such members; and

(3) ensure the policies developed under paragraphs (1) and (2) are implemented uniformly across each of the Armed Forces.

(1) PILOT PROGRAM.—The Secretary shall carry out a one-year pilot program to further streamline the process of scheduling postpartum appointments at military medical treatment facilities by reducing the number of distinct visits required for such appointments.

(2) STREAMLINING OF APPOINTMENTS.—In carrying out the pilot program under paragraph (1), the Secretary shall ensure that there is provided within each military medical treatment facility selected under paragraph (3) an option for covered individuals who have recently given birth at the facility, and who are eligible to receive care at the facility, to receive a physical therapy evaluation in connection with each appointment provided by the facility for postpartum care of the covered individual or for care of the infant of the covered individual, including such appointments provided concurrently pursuant to section 1074p(c) of title 10, United 25 States Code (as added by subsection (a)).

(3) SELECTION.—The Secretary shall select not fewer than three military medical treatment facilities from each military department at which to carry out the pilot program under paragraph (1). In making such selection—

(A) the Secretary may not select a military medical treatment facility that already provides covered individuals with the option to receive a physical therapy evaluation as specified in paragraph (2); and

(B) the Secretary shall ensure geographic diversity with respect to the location of the military medical treatment facilities, including by considering for selection military medical treatment facilities located outside of the United States.

(4) REPORT.—Not later than one year after the commencement of the pilot program under paragraph (1), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the effectiveness of the pilot program. Such report shall include—

(A) a recommendation by the Secretary on whether to expand or extend the pilot program; and

(B) a summary of the findings that led to such recommendation.

(5) COVERED INDIVIDUAL DEFINED.—In this subsection, the term “covered individual” has the meaning given such term in section 1074p(d) of title 10, United States Code (as added by subsection (a)).

(d) Pelvic health at military medical treatment facilities.—The Secretary shall take such steps as are necessary to increase the capacity of military medical treatment facilities to provide pelvic health rehabilitation services, including by increasing the number of physical therapists employed at such facilities who are trained in pelvic health rehabilitation.

(e) Review of pelvic health rehabilitation programs.—

(1) REVIEW.—The Secretary shall conduct a review of any current pelvic health rehabilitation programs of the Department of Defense, including an evaluation of the outcomes of any such programs.

(2) REPORT.—Not later than nine months after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the findings of the review under paragraph (1).

(f) Guidance on obstetric hemorrhage treatment.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance on the development and implementation of standard protocols across the military health system for the treatment of obstetric hemorrhages, including through the use of pathogen reduced resuscitative blood products.

SEC. 702. Eating disorders treatment for certain members of the Armed Forces and dependents.

(a) Eating disorders treatment for certain dependents.—Section 1079 of title 10, United States Code, is amended—

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

“(18) Treatment for eating disorders may be provided in accordance with subsection (r).”; and

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

“(r) (1) The provision of health care services for an eating disorder under subsection (a)(18) shall include the following services:

“(A) Inpatient services, including residential services.

“(B) Outpatient services for in-person or telehealth care, including partial hospitalization services and intensive outpatient services.

“(2) A dependent may be provided health care services for an eating disorder under subsection (a)(18) without regard to—

“(A) the age of the dependent, except with respect to residential services under paragraph (1)(A), which may be provided only to a dependent who is not eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); and

“(B) whether the eating disorder is the primary or secondary diagnosis of the dependent.

“(3) In this section, the term ‘eating disorder’ has the meaning given the term ‘feeding and eating disorders’ in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.”.

(b) Limitation with respect to retirees.—

(1) IN GENERAL.—Section 1086(a) of title 10, Untied States Code, is amended by inserting “and (except as provided in subsection (i)) treatments for eating disorders” after “eye examinations”.

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

“(i) If, prior to October 1, 2022, a category of persons covered by this section was eligible to receive a specific type of treatment for eating disorders under a plan contracted for under subsection (a), the general prohibition on the provision of treatments for eating disorders specified in such subsection shall not apply with respect to the provision of the specific type of treatment to such category of persons.”.

(1) IN GENERAL.—Section 1090 of title 10, United States Code, is amended—

(A) in the heading, by inserting “eating disorders and” after “treating”;

(B) by striking “The Secretary of Defense” and inserting the following:

“(a) Identification and treatment of eating disorders and drug and alcohol dependence.—Except as provided in subsection (b), the Secretary of Defense”;

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

“(b) Facilities available to individuals with eating disorders.—For purposes of this section, ‘necessary facilities’ described in subsection (a) shall include, with respect to individuals who have an eating disorder, facilities that provide the services specified in section 1079(r)(1) of this title.

“(c) Eating disorder defined.—In this section, the term ‘eating disorder’ has the meaning given that term in section 1079(r) of this title.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1090 and inserting the following new item:

“1090. Identifying and treating eating disorders and drug and alcohol dependence.”.

(d) Effective date.—The amendments made by this section shall take effect on October 1, 2022.

SEC. 703. Modifications relating to coverage of telehealth services under TRICARE program and other matters.

(a) Coverage of telehealth services under TRICARE program during certain health emergencies.—

(1) COVERAGE DURING HEALTH EMERGENCIES.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1076f the following new section:

“§ 1076g. TRICARE program: coverage of telehealth services during certain health emergencies

“(a) Telehealth coverage requirements.—During a covered health emergency—

“(1) no cost sharing amount (including copayments and deductibles, as applicable) may be charged under the TRICARE program to a covered beneficiary for a telehealth service;

“(2) telehealth appointments that involve audio communication shall be considered to be telehealth appointments for purposes of coverage under the TRICARE program, notwithstanding that such appointments do not involve video communication; and

“(3) the Secretary of Defense may reimburse providers of telehealth services under the TRICARE program for the provision of such services to covered beneficiaries regardless of whether the provider is licensed in the State in which the covered beneficiary is located.

“(b) Application to overseas providers.—Subsection (a)(3) shall apply with respect to a provider located in a foreign country if the provider holds a license to practice that is determined by the Secretary to be an equivalent to a U.S. license and the provider is authorized to practice by the respective foreign government.

“(c) Extension.—The Secretary may extend the coverage requirements under subsection (a) for a period of time after the date on which a covered health emergency terminates, as determined appropriate by the Secretary.

“(d) Covered health emergency defined.—In this section, the term ‘covered health emergency’ means a national emergency or disaster related to public health that is declared pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), section 319 of the Public Health Service Act (42 U.S.C. 247d), or any other Federal law determined relevant by the Secretary.”.

(2) CLERICAL AMENDMENT.—Such chapter is further amended in the table of sections by inserting after the item relating to section 1076f the following new item:

“1076g. TRICARE program: coverage of telehealth services during certain health emergencies.”.

(3) APPLICATION AND EXTENSION FOR COVID–19.—

(A) APPLICATION.—The amendments made by paragraph (1) shall apply with respect to the emergency declared by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to the coronavirus disease 2019 (COVID–19).

(B) EXTENSION.—The Secretary shall extend the telehealth coverage requirements pursuant to section 1074g(c) of title 10, United States Code, as added by paragraph (1), until the date that is 180 days after the date on which the emergency specified in subparagraph (A) terminates.

(b) Pilot program to place certain retired members of the Armed Forces in the Ready Reserve; pay.—

(1) AUTHORITY.—

(A) IN GENERAL.—Notwithstanding section 10145 of title 10, United States Code, the Secretary of a military department may prescribe regulations to carry out a pilot program under which a retired member of a regular component of the Armed Forces entitled to retired pay may be placed in the Ready Reserve if the Secretary concerned—

(i) determines that the retired member has more than 20 years of creditable service in that regular component; and

(ii) makes a special finding that the member possesses a skill in which the Ready Reserve of the Armed Force concerned has a critical shortage of personnel.

(B) LIMITATION ON DELEGATION.—The authority of the Secretary concerned under subparagraph (A) may not be delegated—

(i) to a civilian officer or employee of the military department concerned below the level of Assistant Secretary; or

(ii) to a member of the Armed Forces below the level of the lieutenant general or vice admiral in an Armed Force with responsibility for military personnel policy in that Armed Force.

(2) PAY FOR DUTIES PERFORMED IN THE READY RESERVE IN ADDITION TO RETIRED PAY.—Notwithstanding section 12316 of such title 10, a member placed in the Ready Reserve under paragraph (1) may receive—

(A) retired pay; and

(B) the pay and allowances authorized by law for duty that member performs.

(3) TERMINATION.—A pilot program under this subsection shall terminate not later than four years after the date of the enactment of this Act.

(4) REPORT.—Not later than 90 days after a pilot program terminates under paragraph (3), the Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding such pilot program, including the recommendation of the Secretary concerned whether such pilot program should be made permanent.

(1) PERSONS NOT CURRENTLY PARTICIPATING IN SURVIVOR BENEFIT PLAN.—

(A) ELECTION OF SBP COVERAGE.—An eligible retired or former member may elect to participate in the Survivor Benefit Plan during the open enrollment period specified in paragraph (4).

(B) ELIGIBLE RETIRED OR FORMER MEMBER.—For purposes of subparagraph (A), an eligible retired or former member is a member or former member of the uniformed services who, on the day before the first day of the open enrollment period, discontinued participation in the Survivor Benefit Plan under section 1452(g) of title 10, United States Code, and—

(i) is entitled to retired pay; or

(ii) would be entitled to retired pay under chapter of title 10, United States Code (or chapter 67 of such title as in effect before October 5, 1994), but for the fact that such member or former member is under 60 years of age.

(i) STANDARD ANNUITY.—A person making an election under subparagraph (A) by reason of eligibility under subparagraph (B)(i) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan.

(ii) RESERVE-COMPONENT ANNUITY.—A person making an election under subparagraph (A) by reason of eligibility under subparagraph (B)(ii) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan.

(2) MANNER OF MAKING ELECTIONS.—

(A) IN GENERAL.—An election under this subsection must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Except as provided in subparagraph (B), any such election shall be made subject to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan. A person making an election under paragraph (1) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code.

(B) ELECTION MUST BE VOLUNTARY.—An election under this subsection is not effective unless the person making the election declares the election to be voluntary. An election to participate in the Survivor Benefit Plan under this subsection may not be required by any court. An election to participate or not to participate in the Survivor Benefit Plan is not subject to the concurrence of a spouse or former spouse of the person.

(3) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned.

(4) OPEN ENROLLMENT PERIOD DEFINED.—The open enrollment period is the period beginning on the date of the enactment of this Act and ending on January 1, 2023.

(5) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—The provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this subsection in the same manner as if the election were made under the Survivor Benefit Plan.

(6) PREMIUMS FOR OPEN ENROLLMENT ELECTION.—

(A) PREMIUMS TO BE CHARGED.—The Secretary of Defense shall prescribe in regulations premiums which a person electing under this subsection shall be required to pay for participating in the Survivor Benefit Plan pursuant to the election. The total amount of the premiums to be paid by a person under the regulations shall be equal to the sum of—

(i) the total amount by which the retired pay of the person would have been reduced before the effective date of the election if the person had elected to participate in the Survivor Benefit Plan (for the same base amount specified in the election) at the first opportunity that was afforded the member to participate under chapter 73 of title 10, United States Code;

(ii) interest on the amounts by which the retired pay of the person would have been so reduced, computed from the dates on which the retired pay would have been so reduced at such rate or rates and according to such methodology as the Secretary of Defense determines reasonable; and

(iii) any additional amount that the Secretary determines necessary to protect the actuarial soundness of the Department of Defense Military Retirement Fund against any increased risk for the fund that is associated with the election.

(B) PREMIUMS TO BE CREDITED TO RETIREMENT FUND.—Premiums paid under the regulations shall be credited to the Department of Defense Military Retirement Fund.

(7) DEFINITIONS.—In this subsection:

(A) The term “Survivor Benefit Plan” means the program established under subchapter II of chapter 73 of title 10, United States Code.

(B) The term “retired pay” includes retainer pay paid under section 8330 of title 10, United States Code.

(C) The terms “uniformed services” and “Secretary concerned” have the meanings given those terms in section 101 of title 37, United States Code.

(D) The term “Department of Defense Military Retirement Fund” means the Department of Defense Military Retirement Fund established under section 1461(a) of title 10, United States Code.

SEC. 704. Modifications to pilot program on health care assistance system.

Section 731(d) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1075 note) is amended—

(1) in the matter preceding paragraph (1), by striking “January 1, 2021” and inserting “November 1, 2022”;

(2) in paragraph (1), by striking “; and” and inserting a semicolon;

(3) in paragraph (2), by striking the period and inserting “; and”; and

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

“(3) input from covered beneficiaries who have participated in the pilot program regarding their satisfaction with, and any benefits attained from, such participation.”.

SEC. 705. Temporary requirement for contraception coverage parity under the TRICARE program.

(a) In general.—The Secretary of Defense shall ensure that, during the one-year period beginning on the date that is 30 days after the date of the enactment of the Act, the imposition or collection of cost-sharing for certain services is prohibited as follows:

(1) PHARMACY BENEFITS PROGRAM.—Notwithstanding subparagraphs (A), (B), and (C), of section 1074g(a)(6) of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any eligible covered beneficiary for any prescription contraceptive on the uniform formulary provided through a retail pharmacy described in section 1074(a)(2)(E)(ii) of such title or through the national mail-order pharmacy program of the TRICARE Program.

(2) TRICARE SELECT.—Notwithstanding any provision under section 1075 of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any beneficiary under such section for a covered service that is provided by a network provider under the TRICARE program.

(3) TRICARE PRIME.—Notwithstanding subsections (a), (b), and (c) of section 1075a of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any beneficiary under such section for a covered service that is provided under TRICARE Prime.

(b) Definitions.—In this section:

(1) The term “covered service” means any method of contraception approved by the Food and Drug Administration, any contraceptive care (including with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling service provided in connection with any such method, care, or procedure.

(2) The term “eligible covered beneficiary” has the meaning given such term in section 1074g of title 10, United States Code.

(3) The terms “TRICARE Program” and “TRICARE Prime” have the meaning given such terms in section 1072 of title 10, United States Code.

SEC. 706. Availability of certain preconception and prenatal carrier screening tests under the TRICARE program.

(a) Tests available.—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 covered beneficiaries upon the request of the beneficiary, 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.”.

(b) Report.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a report identifying the number of beneficiaries under the TRICARE program who have received a screening test under section 1079(a)(18) of title 10, United States Code, as added by subsection (a), disaggregated by type of beneficiary and whether the test was provided under the direct care or purchased care component of the TRICARE program.

(2) TRICARE PROGRAM DEFINED.—In this subsection, the term “TRICARE program” has the meaning given such term in section 1072 of title 10, United States Code.

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

Section 1073c(c)(5) of title 10, United States Code, is amended by striking “paragraphs (1) through (4)” and inserting “paragraph (3) or (4)”.

SEC. 712. Requirement for consultations related to military medical research and Defense Health Agency Research and Development.

(a) Consultations required.—Section 1073c of title 10, United States Code, is amended—

(1) by redesignating subsections (f) and (g) as subsections (g) and (h); and

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

“(f) Consultations on medical research of military departments.—In implementing subsection (e)(1) (and on an ongoing basis after the establishment of the Defense Health Agency Research and Development pursuant to such subsection), the Secretary of Defense, acting through the Secretaries of the military departments, shall ensure that periodic consultations are carried out within each military department regarding the plans and requirements for military medical research organizations and activities of the military department.”.

(b) Requirements for initial consultations.—The Secretary of Defense shall ensure that initial consultations under section 1073c(f) of title 10, United States Code (as added by subsection (a)), are carried out prior to the establishment of the Defense Health Agency Research and Development and address—

(1) the plans of each military department to ensure a comprehensive transition of any military medical research organizations of the military department with respect to the establishment of the Defense Health Agency Research and Development; and

(2) any risks involved in such transition that may compromise ongoing medical research and development activities of the military department.

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

(a) In general.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1073e the following new section:

“§ 1073f. Health care fraud and abuse prevention program

“(a) Program authorized.— (1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense.

“(2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency.

“(3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General.

“(b) Civil monetary penalties.— (1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a).

“(2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed—

“(A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and

“(B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d).

“(c) Interagency agreements.—The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a).

“(d) Rule of construction.—Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law.

“(e) Fraud and abuse defined.—In this section, the term ‘fraud and abuse’ means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a).”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1073e the following new item:

“1073f. Health care fraud and abuse prevention program.”.

SEC. 714. Mandatory referral for mental health evaluation.

Section 1090a of title 10, United States Code, is amended—

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

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

“(e) Process applicable to member disclosure.—The regulations required by subsection (a) shall—

“(1) establish a phrase that enables a member of the armed forces to trigger a referral of the member by a commanding officer or supervisor for a mental health evaluation;

“(2) require a commanding officer or supervisor to make such referral as soon as practicable following disclosure by the member to the commanding officer or supervisor of the phrase established under paragraph (1); and

“(3) ensure that the process protects the confidentiality of the member in a manner similar to the confidentiality provided for members making restricted reports under section 1565b(b) of this title.”.

SEC. 715. Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl substances as component of periodic health assessments.

(a) Periodic health assessment.—Each Secretary concerned shall ensure that any periodic health assessment provided to a member of the Armed Forces includes an evaluation of whether the member has been—

(1) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or

(2) exposed to such substances, including by evaluating any information in the health record of the member.

(b) Separation history and physical examinations.—Section 1145 of title 10, United States Code, is amended—

(1) in subsection (a)(5), by adding at the end the following new subparagraph:

“(D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was—

“(i) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or

“(ii) exposed to such substances, including by assessing any information in the health record of the member.”; and

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

“(g) Secretary concerned defined.—In this section, the term ‘Secretary concerned’ has the meaning given such term in section 101 of this title (and otherwise includes the Secretary of the department in which the Coast Guard is operating).”.

(1) in subsection (b)(2), by adding at the end the following new subparagraph:

“(E) An assessment of whether the member was—

“(ii) exposed to such substances, including by assessing any information in the health record of the member.”; and

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

“(h) Secretary concerned defined.—In this section, the term ‘Secretary concerned’ has the meaning given such term in section 101 of this title (and otherwise includes the Secretary of the department in which the Coast Guard is operating).”.

(d) Provision of blood testing to determine exposure to perfluoroalkyl substances or polyfluoroalkyl substances.—

(1) PROVISION OF BLOOD TESTING.—

(A) IN GENERAL.—If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary concerned shall provide to that member, during the covered evaluation, blood testing to determine and document potential exposure to such substances.

(B) INCLUSION IN HEALTH RECORD.—The results of blood testing of a member of the Armed Forces conducted under subparagraph (A) shall be included in the health record of the member.

(2) DEFINITIONS.—In this section:

(A) The term “covered evaluation” means—

(i) a periodic health assessment conducted in accordance with subsection (a);

(ii) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by subsection (b); or

(iii) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by subsection (c).

(B) The term “Secretary concerned” has the meaning given such term in section 101 of title 10, United States Code (and otherwise includes the Secretary of the department in which the Coast Guard is operating).

SEC. 716. Prohibition on adverse personnel actions taken against certain members of the Armed Forces based on declining COVID–19 vaccine.

(a) Findings.—Congress finds the following:

(1) The Secretary of Defense has announced a COVID–19 vaccine mandate will take effect for the Department of Defense

(2) Many Americans have reservations about taking a vaccine that has only been available for less than a year.

(3) Reports of adverse actions being taken, or threatened, by military leadership at all levels are antithetical to our fundamental American values.

(4) Any discharge other than honorable denotes a dereliction of duty or a failure to serve the United States and its people to the best of the ability of an individual.

(b) Prohibition.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1107a the following new section:

“§ 1107b. Prohibition on certain adverse personnel actions related to COVID–19 vaccine requirement

“(a) Prohibition.—Notwithstanding any other provision of law, a member of an Armed Force under the jurisdiction of the Secretary of a military department subject to discharge on the basis of the member choosing not to receive the COVID–19 vaccine may only receive an honorable discharge.

“(b) Member of an Armed Force defined.—In this section, the term ‘member of an Armed Force’ means a member of the Army, Navy, Air Force, Marine Corps, or the Space Force.”.

(c) Clerical amendment.—The table of sections for such chapter is amended by inserting after the item relating to section 1107a the following new item:

“1107b. Prohibition on certain adverse personnel actions related to COVID–19 vaccine requirement”.

SEC. 717. Establishment of Department of Defense system to track and record information on vaccine administration.

(a) Establishment of system.—Section 1110 of title 10, United States Code, is amended—

(1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and

(2) by inserting after the heading the following new subsection:

“(a) System to track and record vaccine information.— (1) The Secretary of Defense, in coordination with the Secretaries of the military departments, shall establish a system to track and record the following information:

“(A) Each vaccine administered by a health care provider of the Department of Defense to a member of an armed force under the jurisdiction of the Secretary of a military department.

“(B) Any adverse reaction of the member related to such vaccine.

“(C) Each refusal of a vaccine by such a member on the basis that the vaccine is being administered by a health care provider of the Department pursuant to an emergency use authorization granted by the Commissioner of Food and Drugs under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3).

“(2) In carrying out paragraph (1), the Secretary of Defense shall ensure that—

“(A) any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction of the Secretary of a military department is updated with the information specified in such paragraph with respect to the member; and

“(B) any collection, storage, or use of such information is conducted through means involving such cyber protections as the Secretary determines necessary to safeguard the personal information of the member.”.

(b) Conforming amendments.—Such section is further amended—

(1) in the heading by striking “Anthrax vaccine immunization program; procedures for exemptions and monitoring reactions” and inserting “System for tracking and recording vaccine information; anthrax vaccine immunization program”; and

(2) in subsection (b), as redesignated by subsection (a)(1), by striking “Secretary of Defense” and inserting “Secretary”.

(c) Clerical amendment.—The table of sections for chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1110 and inserting the following new item:

“1110. System for tracking and recording vaccine information; anthrax vaccine immunization program.”.

(d) Deadline for establishment of system.—The Secretary of Defense shall establish the system under section 1110 of title 10, United States Code. as added by subsection (a), by not later than January 1, 2023.

(e) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the administration of vaccines to members of the Armed Forces under the jurisdiction of the Secretary of a military department and on the status of establishing the system under section 1110(a) of title 10, United States Code (as added by subsection (a)). Such report shall include information on the following:

(1) The process by which such members receive vaccines, and the process by which the Secretary tracks, records, and reports on, vaccines received by such members (including with respect to any transfers by a non-Department provider to the Department of vaccination records or other medical information of the member related to the administration of vaccines by the non-Department provider).

(2) The storage of information related to the administration of vaccines in the electronic health records of such members, and the cyber protections involved in such storage, as required under such section 1110(a)(2) of title 10, United States Code.

(3) The general process by which medical information of beneficiaries under the TRICARE program is collected, tracked, and recorded, including the process by which medical information from providers contracted by the Department or from a State or local department of health is transferred to the Department and associated with records maintained by the Secretary.

(4) Any gaps or challenges relating to the vaccine administration process of the Department and any legislative or budgetary recommendations to address such gaps or challenges.

(f) Definitions.—In this section:

(1) The term “military departments” has the meaning given such term in section 101 of title 10, United States Code.

(2) The term “TRICARE program” has the meaning given such term in section 1072 of such title.

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

Section 2114(h) of title 10, United States Code, is amended—

(1) by striking “The Secretary of Defense” and inserting “(1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs,”; and

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

“(2) (A) A covered employee whose employment or service with the Department of Veterans Affairs, Public Health Service, or Coast Guard (as applicable) is in a position relevant to national security or health sciences may receive instruction at the University within the scope of such employment or service.

“(B) If a covered employee receives instruction at the University pursuant to subparagraph (A), the head of the Federal agency concerned shall reimburse the University for the cost of providing such instruction to the covered employee. Amounts received by the University under this subparagraph shall be retained by the University to defray the costs of such instruction.

“(C) Notwithstanding subsections (b) through (e) and subsection (i), the head of the Federal agency concerned shall determine the service obligations of the covered employee receiving instruction at the University pursuant to subparagraph (A) in accordance with applicable law.

“(D) In this paragraph—

“(i) the term ‘covered employee’ means an employee of the Department of Veterans Affairs, a civilian employee of the Public Health Service, a member of the commissioned corps of the Public Health Service, a member of the Coast Guard, or a civilian employee of the Coast Guard; and

“(ii) the term ‘head of the Federal agency concerned’ means the head of the Federal agency that employs, or has jurisdiction over the uniformed service of, a covered employee permitted to receive instruction at the University under subparagraph (A) in the relevant position described in such subparagraph.”.

SEC. 719. Mandatory training on health effects of burn pits.

The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of burn pits.

SEC. 720. Department of Defense procedures for exemptions from mandatory COVID–19 vaccines.

(a) Exemptions.—The Secretary of Defense shall establish uniform procedures under which covered members may be exempted from receiving an otherwise mandated COVID–19 vaccine for administrative, medical, or religious reasons, including on the basis of possessing an antibody test result demonstrating previous COVID–19 infection.

(b) Definitions.—In this section:

(1) The term “covered member” means a member of an Armed Force under the jurisdiction of the Secretary of a military department.

(2) The term “COVID–19 vaccine” means any vaccine for the coronavirus disease 2019 (COVID–19), including any subsequent booster shot for COVID–19.

SEC. 721. Modifications and report related to reduction or realignment of military medical manning and medical billets.

(a) Modifications to limitation on reduction or realignment.—Section 719 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1454), as amended by section 717 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended—

(1) in subsection (a), by striking “180 days following the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021” and inserting “the year following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022”; and

(2) in subsection (b)(1), by inserting “, including any billet validation requirements determined pursuant to estimates provided in the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232),” after “requirements of the military department of the Secretary”.

(b) GAO report on reduction or realignment of military medical manning and medical billets.—

(1) REPORT.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the analyses used to support any reduction or realignment of military medical manning, including any reduction or realignment of medical billets of the military departments.

(2) ELEMENTS.—The report under paragraph (1) shall include the following:

(A) An analysis of the use of the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817) and wartime scenarios to determine military medical manpower requirements, including with respect to pandemic influenza and homeland defense missions.

(B) An assessment of whether the Secretaries of the military departments have used the processes under section 719(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1454) to ensure that a sufficient combination of skills, specialties, and occupations are validated and filled prior to the transfer of any medical billets of a military department to fill other military medical manpower needs.

(C) An assessment of the effect of the reduction or realignment of such billets on local health care networks and whether the Director of the Defense Health Agency has conducted such an assessment in coordination with the Secretaries of the military departments.

SEC. 722. Cross-functional team for emerging threat relating to anomalous health incidents.

(a) Establishment.—Using the authority provided under section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), the Secretary of Defense shall establish a cross-functional team to address national security challenges posed by anomalous health incidents (as defined by the Secretary) and ensure that individuals affected by anomalous health incidents receive timely and comprehensive health care and treatment pursuant to title 10, United States Code, or other provisions of law administered by the Secretary, for symptoms consistent with an anomalous health incident.

(b) Duties.—The duties of the cross-functional team established under subsection (a) shall be—

(1) to assist the Secretary of Defense with addressing the challenges posed by anomalous health incidents and any other efforts regarding such incidents that the Secretary determines necessary; and

(2) to integrate the efforts of the Department of Defense regarding anomalous health incidents with the efforts of other departments or agency of the Federal Government regarding such incidents.

(c) Team leader.—The Secretary shall select an Under Secretary of Defense to lead the cross-functional team and a senior military officer to serve as the deputy to the Under Secretary so selected.

(d) Determination of organizational roles and responsibilities.—The Secretary, in coordination with the Director of National Intelligence and acting through the cross-functional team established under subsection (a), shall determine the roles and responsibilities of the organizations and elements of the Department of Defense with respect to addressing anomalous health incidents, including the roles and responsibilities of the Office of the Secretary of Defense, the intelligence components of the Department, Defense agencies, and Department of Defense field activities, the military departments, combatant commands, and the Joint Staff.

(e) Briefings.—

(1) INITIAL BRIEFING.—Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on—

(A) the progress of the Secretary in establishing the cross-functional team; and

(B) the progress the team has made in—

(i) determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect the cross-functional team; and

(ii) carrying out the duties under subsection (b).

(2) UPDATES.—Not later than 75 days after the date of the enactment of this Act, and once every 45 days thereafter during the one-year period following such date of enactment, the Secretary shall provide to the appropriate congressional committees a briefing containing updates with respect to the efforts of the Department regarding anomalous health incidents.

(f) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

SEC. 723. Implementation of integrated product for management of population health across military health system.

(a) Integrated product.—The Secretary of Defense shall develop and implement an integrated product for the management of population health across the military health system. Such integrated product shall serve as a repository for the health care, demographic, and other relevant data of all covered beneficiaries, including with respect to data on health care services furnished to such beneficiaries through the purchased care and direct care components of the TRICARE program, and shall—

(1) be compatible with the electronic health record system maintained by the Secretary for members of the Armed Forces;

(2) enable the coordinated case management of covered beneficiaries with respect to health care services furnished to such beneficiaries at military medical treatment facilities and at private sector facilities through health care providers contracted by the Department of Defense;

(3) enable the collection and stratification of data from multiple sources to measure population health goals, facilitate disease management programs of the Department, improve patient education, and integrate wellness services across the military health system; and

(4) enable predictive modeling to improve health outcomes for patients and to facilitate the identification and correction of medical errors in the treatment of patients, issues regarding the quality of health care services provided, and gaps in health care coverage.

(b) Definitions.—In this section:

(1) The terms “covered beneficiary” and “TRICARE program” have the meanings given such terms in section 1072 of title 10, United States Code.

(2) The term “integrated product” means an electronic system of systems (or solutions or products) that provides for the integration and sharing of data to meet the needs of an end user in a timely and cost effective manner.

SEC. 724. Digital health strategy of Department of Defense.

(a) Digital health strategy.—

(1) STRATEGY.—Not later than April 1, 2022, the Secretary of Defense shall develop a digital health strategy of the Department of Defense to incorporate new and emerging technologies and methods (including three-dimensional printing, virtual reality, wearable devices, big data and predictive analytics, distributed ledger technologies, and other innovative methods that leverage new or emerging technologies) in the provision of clinical care within the military health system.

(2) ELEMENTS.—The strategy under paragraph (1) shall address, with respect to future use within the military health system, the following:

(A) Emerging technology to improve the delivery of clinical care and health services.

(B) Design thinking to improve the delivery of clinical care and health services.

(D) Simulation technologies for clinical training (including through simulation immersive training) and clinical education, and for the training of health care personnel in the adoption of emerging technologies for clinical care delivery.

(E) Wearable devices.

(F) Three-dimensional printing and related technologies.

(G) Data-driven decision making, including through the use of big data and predictive analytics, in the delivery of clinical care and health services.

(b) Report.—Not later than July 1, 2022, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report setting forth—

(1) the strategy under subsection (a); and

(2) a plan to implement such strategy, including the estimated timeline and cost for such implementation.

SEC. 725. Development and update of certain policies relating to military health system and integrated medical operations.

(a) In general.—By not later than October 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop and update certain policies relating to the military health system and integrated medical operations of the Department of Defense as follows:

(1) UPDATED PLAN ON INTEGRATED MEDICAL OPERATIONS IN CONTINENTAL UNITED STATES.—The Secretary of Defense shall develop an updated plan on integrated medical operations in the continental United States and update the Department of Defense Instruction 6010.22, titled “National Disaster Medical System (NDMS)” (or such successor instruction) accordingly. Such updated plan shall—

(A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817);

(B) include a determination as to whether combat casualties should receive medical care under the direct care or purchased care component of the military health system and a risk analysis in support of such determination;

(C) identify the manning levels required to furnish medical care under the updated plan, including with respect to the levels of military personnel, civilian employees of the Department, and contractors of the Department; and

(D) include a cost estimate for the furnishment of such medical care.

(2) UPDATED PLAN ON GLOBAL PATIENT MOVEMENT.—The Secretary of Defense shall develop an updated plan on global patient movement and update the Department of Defense Instruction 5154.06, relating to medical military treatment facilities and patient movement (or such successor instruction) accordingly. Such updated plan shall—

(B) include a risk assessment with respect to patient movement compared against overall operational plans;

(C) include a description of any capabilities-based assessment of the Department that informed the updated plan or that was in progress during the time period in which the updated plan was developed; and

(D) identify the manning levels, equipment and consumables, and funding levels, required to carry out the updated plan.

(3) ASSESSMENT OF BIOSURVEILLANCE AND MEDICAL RESEARCH CAPABILITIES.—The Secretary of Defense shall conduct an assessment of biosurveillance and medical research capabilities of the Department of Defense. Such assessment shall include the following:

(A) An identification of the location and strategic value of the overseas medical laboratories and overseas medical research programs of the Department.

(B) An assessment of the current capabilities of such laboratories and programs with respect to force health protection and evidence-based medical research.

(C) A determination as to whether such laboratories and programs have the capabilities, including as a result of the geographic location of such laboratories and programs, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces.

(D) The current capabilities, with respect to biosurveillance and medical research, of the following entities:

(i) The Army Medical Research Development Command.

(ii) The Navy Medical Research Command.

(iii) The Air Force Medical Readiness Agency.

(iv) The Walter Reed Army Institute of Research.

(v) The United States Army Medical Research Institute of Infectious Disease.

(vi) The Armed Forces Health Surveillance Branch (including the Global Emerging Infectious Surveillance program).

(vii) Such other entities as the Secretary may determine appropriate.

(E) A determination as to whether the entities specified in subparagraph (D) have the capabilities, including as a result of the geographic location of the entity, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces.

(F) The current manning levels of the entities specified in subparagraph (D), including an assessment of whether such entities are manned at a level necessary to support the missions of the combatant commands (including with respect to missions related to pandemic influenza or homeland defense).

(G) The current funding levels of the entities specified in subparagraph (D), including a risk assessment as to whether such funding is sufficient to sustain the manning levels necessary to support missions as specified in subparagraph (F).

(4) ANALYSIS OF MILITARY HEALTH SYSTEM ORGANIZATION.—The Secretary of Defense shall conduct an analysis to determine whether the current organizational structure of the military health system allows for the implementation of the updated plans under paragraphs (1) and (2) and of any recommendations made by the Secretary as a result of the assessment under paragraph (3). Such analysis shall include—

(A) an assessment of how the Secretary may leverage TRICARE Regional Offices, TRICARE managed care support contractors, and local or regional health care systems, to address any potential gaps in the provision of medical care under the military health system that may limit the progress of such implementation or may arise as the result of such implementation; and

(B) recommendations on any organizational changes to the military health system that would be necessary for such implementation.

(b) Interim briefing.—Not later than April 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the progress of implementation of the plans, assessment, and analysis required under subsection (a).

(c) Report.—Not later than December 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing each updated plan, assessment, and analysis required under subsection (a).

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

(a) Standardization of definitions.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop standardized definitions for the following terms:

(1) “Suicide”.

(2) “Suicide attempt”.

(3) “Suicidal ideation”.

(b) Required use of standardized definitions.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue policy guidance requiring the exclusive and uniform use across the Department of Defense and within each military department of the standardized definitions developed under subsection (a) for the terms specified in such subsection.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that sets forth the standardized definitions developed under subsection (a) and includes—

(1) a description of the process that was used to develop such definitions;

(2) a description of the methods by which data shall be collected on suicide, suicide attempts, and suicidal ideations (as those terms are defined pursuant to such definitions) in a standardized format across the Department and within each military department; and

(3) an implementation plan to ensure the use of such definitions as required pursuant to subsection (b).

SEC. 727. Exemption from required physical examination and mental health assessment for certain members of the reserve components.

Section 1145(a)(5) of title 10, United States Code is amended—

(1) in subparagraph (A), by striking “The Secretary” and inserting “Except as provided in subparagraph (D), the Secretary”; and

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

“(D) The requirement for a physical examination and mental health assessment under subparagraph (A) shall not apply with respect to a member of a reserve component described in paragraph (2)(B) unless the member is retiring, or being discharged or dismissed, from the armed forces.”.

SEC. 731. Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel.

(a) Sense of Congress.—It is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder.

(b) Grant program.—The Secretary of Defense, in coordination with the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this section in accordance with the agreement titled “Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation”, dated September 27, 1972.

(c) Eligible entities.—To be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States.

(d) Award.—The Secretary shall award grants under this section to eligible entities that—

(1) carry out a research project that—

(A) addresses a requirement in the area of post-traumatic stress disorders that the Secretary determines appropriate to research using such grant; and

(B) is conducted by the eligible entity and an entity in Israel under a joint research agreement; and

(2) meet such other criteria that the Secretary may establish.

(e) Application.—To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require.

(f) Gift authority.—The Secretary may accept, hold, and administer, any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. Such gifts of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation.

(g) Reports.—Not later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains—

(1) a description of how the eligible entity used the grant; and

(2) an evaluation of the level of success of the research project.

(h) Termination.—The authority to award grants under this section shall terminate on the date that is seven years after the date on which the first such grant is awarded.

SEC. 732. Pilot program on cardiac screening at certain military service academies.

(a) Pilot program.—The Secretary of Defense shall establish a pilot program to furnish mandatory electrocardiograms to candidates who are seeking admission to a covered military service academy in connection with the military accession screening process, at no cost to such candidates.

(b) Scope.—The scope of the pilot program under subsection (a) shall include at least 25 percent of the incoming class of candidates who are seeking admission to a covered military service academy during the first fall semester that follows the date of the enactment of this Act, and the pilot program shall terminate on the date on which the Secretary determines the military accession screening process for such class has concluded.

(c) Facilities.—In carrying out the pilot program under subsection (a), the Secretary shall furnish each mandatory electrocardiogram under the pilot program in a facility of the Department of Defense, to the extent practicable, but may furnish such electrocardiograms in a non-Department facility as determined necessary by the Secretary.

(d) Report.—Not later than 180 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. Such report shall include the following:

(1) The results of all electrocardiograms furnished to candidates under the pilot program, disaggregated by military service academy, race, and gender.

(2) The rate of significant cardiac issues detected pursuant to electrocardiograms furnished under the pilot program, disaggregated by military service academy, race, and gender.

(3) The cost of carrying out the pilot program.

(4) The number of candidates, if any, who were disqualified from admission based solely on the result of an electrocardiogram furnished under the pilot program.

(e) Covered military service academy defined.—In this section, the term “covered military service academy” does not include the Untied States Coast Guard Academy or the United States Merchant Marine Academy.

SEC. 733. Pilot program on cryopreservation and storage.

(a) Pilot program.—The Secretary of Defense shall establish a pilot program to provide not more than 1,000 members of the Armed Forces serving on active duty with the opportunity to cryopreserve and store their gametes prior to deployment to a combat zone.

(b) Period.—

(1) IN GENERAL.—The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or at a private entity pursuant to a contract under subsection (d) until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.

(2) CONTINUED CRYOPRESERVATION AND STORAGE.—At the end of the one-year period specified in paragraph (1), the Secretary shall authorize an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:

(A) To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.

(B) To transfer the gametes to a private cryopreservation and storage facility selected by the individual.

(C) To authorize the Secretary to dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the one-year period specified in paragraph (1) with respect to the individual.

(c) Advance medical directive and military testamentary instrument.—A member of the Armed Forces who elects to cryopreserve and store their gametes under this section shall complete an advance medical directive described in section 1044c(b) of title 10, United States Code, and a military testamentary instrument described in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.

(d) Agreements.—To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation and storage services for gametes.

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

(a) Pilot program.—The Secretary of Defense shall carry out a pilot program to provide direct assistance for mental health appointment scheduling at military medical treatment facilities and clinics selected by the Secretary for participation in the pilot program in a number determined by the Secretary.

(b) Report.—Not later than 90 days after the date on which the pilot program terminates, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program. Such report shall include an assessment of—

(1) the effectiveness of the pilot program with respect to improved access to mental health appointments; and

(2) any barriers to scheduling mental health appointments under the pilot program observed by health care professionals or other individuals involved in scheduling such appointments.

(c) Termination.—The authority to carry out the pilot program under subsection (a) shall terminate on the date that is one year after the commencement of the pilot program.

SEC. 735. Pilot program on oral rehydration solutions.

(a) Pilot program.—The Secretary of Defense may carry out a pilot program under which the Secretary shall furnish medically approved oral rehydration solutions to members of the Armed Forces.

(b) Distribution.—Oral rehydration solutions furnished under the pilot program carried out pursuant to subsection (a) shall be distributed to members of the Armed Forces at the brigade level, through the Airborne and Ranger Training Brigade, the Maneuver Center of Excellence of the Army, and the United States Army Training and Doctrine Command. Such distribution shall be carried out during a period of summer months, as determined by the Secretary.

(c) Report.—Not later than 60 after the date of the conclusion of the pilot program carried out pursuant to subsection (a), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the effectiveness of the oral rehydration solutions furnished under the pilot program. Such report shall include—

(1) all data tracking the prevention of heat casualties and hyponatremia among participants under the pilot program; and

(2) any other benefits realized under the pilot program, including benefits related to cost savings, readiness, or wellness of members of the Armed Forces.

SEC. 736. Authorization of pilot program to survey access to mental health care under military health system.

(a) Findings; Sense of Congress.—

(1) FINDINGS.—Congress finds that—

(A) there is a connection between stigma, mental health care access, and death by suicide; and

(B) current command climate surveys lack sufficient questions regarding mental health stigma.

(2) SENSE OF CONGRESS.—It is the sense of Congress that—

(A) military research and research of the Department of Veterans Affairs significantly contribute to overall health care research useful for all individuals; and

(B) command climate surveys provide an important function for ensuring safe command environments.

(b) Authorization of pilot program to survey access to mental health care under military health system.—

(1) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense may carry out a pilot program to survey access to mental health care under the military health system.

(2) ELEMENTS.—In carrying out a pilot program pursuant to paragraph (1), the Secretary shall ensure that an adequate number of command climate surveys that include questions on access to mental health care under the military health system are administered to a representative sample of active duty members of the Armed Forces across each military department. Such questions shall be developed by the survey administrator of the Defense Organizational Climate Survey and shall address, at a minimum, the following matters:

(A) The perceived ability of the respondent to access mental health care under the military health system.

(B) Whether the respondent has previously been prohibited from, or advised against, accessing such care.

(D) The belief of the respondent that receiving care from a mental health care provider may harm the career, or the ability to obtain a security clearance, of the respondent.

(E) The belief of the respondent that receiving a mental health diagnosis may harm the career, or the ability to obtain a security clearance, of the respondent.

(3) TERMINATION.—The authority to carry out a pilot program under paragraph (1) shall terminate on September 1, 2023.

(4) REPORT.—Not later than 90 days after the date on which a pilot program carried out pursuant to paragraph (1) terminates, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the results of the updated surveys administered pursuant to the pilot program.

(c) Definitions.—In this section, the terms “active duty”, “Armed Forces”, and “military departments” have the meanings given those terms in section 101 of title 10, United States Code.

SEC. 737. Prohibition on availability of funds for research connected to China.

(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended—

(1) to conduct research in China, including biomedical, infectious disease, gene editing, genetics, virus, or military medical research, whether directly or through a third-party entity; or

(2) to provide funds for research, including biomedical, infectious disease, gene editing, genetics, virus, or military medical research, to any entity determined by the Secretary of Defense to be owned or controlled, directly or indirectly, by China.

(b) Waiver.—The Secretary of Defense may waive a prohibition under subsection (a) if the Secretary—

(1) determines that the waiver is in the national security interests of United States; and

(2) not later than 14 days after granting the waiver, submits to the congressional defense committees a detailed justification for the waiver, including—

(A) an identification of the Department of Defense entity obligating or expending the funds;

(B) an identification of the amount of such funds;

(D) an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable);

(E) an explanation for how the waiver is in the national security interests of the United States; and

(F) any other information the Secretary determines appropriate.

SEC. 738. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program.

(a) Agreement.—

(1) IN GENERAL.—The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the “National Academies”) for the National Academies to carry out the activities described in subsections (b) and (c).

(2) TIMING.—The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act.

(b) Analysis by the National Academies.—

(1) ANALYSIS.—Under an agreement between the Secretary and the National Academies entered into pursuant to subsection (a), the National Academies shall conduct an analysis of the effectiveness of the Department of Defense Comprehensive Autism Care Demonstration program (in this section referred to as the “demonstration program”) and develop recommendations for the Secretary based on such analysis.

(2) ELEMENTS.—The analysis conducted and recommendations developed under paragraph (1) shall include the following:

(A) An assessment of the Pervasive Developmental Disabilities Behavior Inventory as a measure to assist in the assessment of domains related to autism spectrum disorder, and a determination as to whether the Secretary is applying such inventory appropriately under the demonstration project.

(B) An assessment of the methods used under the demonstration project to measure the effectiveness of applied behavior analysis in the treatment of autism spectrum disorder.

(C) A review of any guidelines or industry standards of care adhered to in the provision of applied behavior analysis services under the demonstration program, including a review of the effects of such adherence with respect to dose-response or expected health outcomes for an individual who has received such services.

(D) A review of the expected health outcomes for an individual who has received applied behavior analysis treatments over time.

(E) An analysis of the increased utilization of the demonstration program by beneficiaries under the TRICARE program, to improve understanding of such utilization.

(F) Such other analyses to measure the effectiveness of the demonstration program as may be determined appropriate by the National Academies.

(G) An analysis on whether the incidence of autism is higher among the children of military families.

(H) The development of a list of findings and recommendations related to the measurement, effectiveness, and increased understanding of the demonstration program and its effect on beneficiaries under the TRICARE program.

(c) Report.—Under an agreement entered into between the Secretary and the National Academies under subsection (a), the National Academies, not later than nine months after the date of the execution of the agreement, shall—

(1) submit to the congressional defense committees a report on the findings of the National Academies with respect to the analysis conducted and recommendations developed under subsection (b); and

(2) make such report available on a public website in unclassified form.

SEC. 739. Independent review of suicide prevention and response at military installations.

(a) Establishment of committee.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish an independent suicide prevention and response review committee.

(b) Membership.—The committee established under subsection (a) shall be composed of not fewer than five individuals—

(1) designated by the Secretary;

(2) with expertise determined to be relevant by the Secretary, including at least one individual who is an experienced provider of mental health services and at least one individual who is an experienced criminal investigator;

(3) none of whom may be a member of an Armed Force or a civilian employee of the Department of Defense.

(c) Selection of military installations.—The Secretary shall select, for review by the committee established under subsection (a), not fewer than three military installations that have a higher-than-average incidence of suicide by members of the Armed Forces serving at the installation. The Secretary shall ensure that at least one of the installations selected under this subsection is a remote installation of the Department of Defense located outside the contiguous United States.

(d) Duties.—The committee established under subsection (a) shall review the suicide prevention and response programs and other factors that may contribute to the incidence or prevention of suicide at the military installations selected for review pursuant to subsection (c). Such review shall be conducted through means including—

(1) a confidential survey;

(2) focus groups; and

(3) individual interviews.

(e) Coordination.—In carrying out this section, the Secretary shall ensure that the Director of the Office of People Analytics of the Department of Defense and the Director of the Office of Force Resiliency of the Department of Defense coordinate and cooperate with the committee established under subsection (a).

(f) Reports.—

(1) INITIAL REPORT.—Not later than 270 days after the establishment of the committee under subsection (a), the committee shall submit to the Secretary a report containing the results of the reviews conducted by the committee and recommendations of the committee to reduce the incidence of suicide at the military installations reviewed.

(2) REPORT TO CONGRESS.—Not later than 330 days after the establishment of the committee under subsection (a), the committee shall submit to the Committees on Armed Services of the House of Representatives and the Senate the report under paragraph (1).

SEC. 740. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam.

(a) Study.—Not later than April 1, 2022, the Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Director of the Air National Guard, shall complete a study on the feasibility and advisability of establishing at Joint Base Pearl Harbor-Hickam an aeromedical squadron of the Air National Guard in Hawaii to support the aeromedical mission needs of the State of Hawaii and the United States Indo-Pacific Command.

(b) Elements.—The study under subsection (a) shall assess the following:

(1) The manpower required for the establishment of an aeromedical squadron of the Air National Guard in Hawaii as specified in subsection (a).

(2) The overall cost of such establishment.

(3) The length of time required for such establishment.

(4) The mission requirements for such establishment.

(5) Such other matters as may be determined relevant by the Secretary.

(c) Submission to Congress.—Not later than April 1, 2022, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the findings of the feasibility and advisability study under subsection (a), including with respect to each element specified in subsection (b).

SEC. 741. Plan to address findings related to access to contraception for members of the Armed Forces.

(a) Plan required.—The Secretary of Defense (in coordination with the Secretaries of the military departments) shall develop and implement a plan to address the findings of the report of the Department of Defense on the status of implementation of guidance for ensuring access to contraception published in response to pages 155 through 156 of the report of the Committee on Armed Services of the House of Representatives accompanying H.R. 6395 of the 116th Congress (H. Rept. 116-617).

(b) Elements.—The plan under subsection (a) shall address—

(1) the barriers and challenges to implementation identified in the report of the Department specified in such subsection; and

(2) the inability of certain members of the Armed Forces to access their preferred method of contraception and have ongoing access during deployment.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the plan under subsection (a) and any progress made pursuant to such plan.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 742. GAO biennial study on Individual Longitudinal Exposure Record program.

(a) Studies and reports required.—Not later than December 31, 2022, and once every two years thereafter until December 31, 2030, the Comptroller General of the United States shall—

(1) conduct a study on the implementation and effectiveness of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs; and

(2) submit to the appropriate congressional committees a report containing the findings of the most recently conducted study.

(b) Elements.—The biennial studies under subsection (a) shall include an assessment of elements as follows:

(1) INITIAL STUDY.—The initial study conducted under subsection (a) shall assess, at a minimum, the following:

(A) Statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program.

(B) Costs associated with the program, including any cost overruns associated with the program.

(C) The capacity to expand the program to include the medical records of veterans who served prior to the establishment of the program.

(D) Any illness recently identified as relating to a toxic exposure (or any guidance relating to such an illness recently issued) by either the Secretary of Defense or the Secretary of Veterans Affairs, including any such illness or guidance that relates to open burn pit exposure.

(E) How the program has enabled (or failed to enable) the discovery, notification, and medical care of individuals affected by an illness described in subparagraph (D).

(F) Physician and patient feedback on the program, particularly feedback that relates to ease of use.

(G) Cybersecurity and privacy protections of patient data stored under the program, including whether any classified or restricted data has been stored under the program (such as data relating to deployment locations or duty stations).

(H) Any technical or logistical impediments to the implementation or expansion of the program, including any impediments to the inclusion in the program of databases or materials originally intended to be included.

(I) Any issues relating to read-only access to data under the program by veterans.

(J) Any issues relating to the interoperability of the program between the Department of Defense and the Department of Veterans Affairs.

(2) SUBSEQUENT STUDIES.—Except as provided in paragraph (3), each study conducted under subsection (a) following the initial study specified in paragraph (1) shall assess—

(A) statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program; and

(B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1).

(3) FINAL STUDY.—The final study conducted under subsection (a) shall assess—

(A) the elements specified in subparagraphs (A), (B), (D), (E), (F), and (H) of paragraph (1); and

(B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1).

(1) INFORMATION AND MATERIALS.—Upon request of the Comptroller General, the Secretary of Defense and the Secretary of Veterans Affairs shall make available to the Comptroller General any information or other materials necessary for the conduct of each biennial study under subsection (a).

(2) INTERVIEWS.—In addition to such other authorities as are available, the Comptroller General shall have the right to interview officials and employees of the Department of Defense and the Department of Veterans Affairs (including clinicians, claims adjudicators, and researchers) as necessary for the conduct of each biennial study under subsection (a).

(3) INFORMATION FROM PATIENTS AND FORMER PATIENTS.—

(A) DEVELOPMENT OF QUESTIONNAIRE.—In carrying out each biennial study under subsection (a), the Comptroller General may develop a questionnaire for individuals the records of whom are contained in the Individual Longitudinal Exposure Record, to obtain the information necessary for the conduct of the study.

(B) DISTRIBUTION.—The Secretary concerned shall ensure that any questionnaire developed pursuant to subparagraph (A) is distributed to individuals the records of whom are contained in the Individual Longitudinal Exposure Record.

(d) Definitions.—In this Act:

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

(A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and

(B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate.

(2) The term “Secretary concerned” means—

(A) the Secretary of Defense, with respect to matters concerning the Department of Defense; and

(B) the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs.

SEC. 743. GAO study on exclusion of certain remarried individuals from medical and dental coverage under TRICARE program.

(a) GAO study.—

(1) STUDY.—The Comptroller General of the United States shall conduct a study on the purpose and effects of limiting medical and dental coverage under the TRICARE program to exclude remarried widows, widowers, and former spouses of members or former members of the uniformed services.

(2) ELEMENTS.—The study under paragraph (1) shall include the following:

(A) A census of the widows and widowers who currently qualify as a dependent under the TRICARE program pursuant to subparagraph (B) or (C) of section 1072(2) of title 10, United States Code.

(B) A census of the former spouses who currently qualify as a dependent under the TRICARE program pursuant to subparagraph (F), (G), or (H) of such section.

(C) An identification of the number of such widows, widowers, and former spouses who intend to remarry, and an assessment of whether potential loss of coverage under the TRICARE program has affected the decisions of such individuals to remarry or remain unremarried.

(D) An assessment of the effect, if any, on the military and local communities of an individual who formerly qualified as a dependent under the TRICARE program by reason of being an unremarried widow, widower, or former spouse, as specified in section 1072(2) of title 10, United States Code, when the individual remarries and loses such coverage.

(E) A cost analysis of the expansion of medical and dental coverage under the TRICARE program to include remarried individuals who, but for their remarried status, would otherwise qualify as a dependent under such program.

(b) Report.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing—

(1) the findings and conclusions of the study under subsection (a); and

(2) recommendations based on such findings and conclusions to improve the dependent categories specified in section 1072(2) of title 10, United States Code, including with respect to whether remarried widows, widowers, and former spouses of members or former members of the uniformed services should remain excluded from coverage under the TRICARE program pursuant to such section.

(c) Definitions.—In this section, the terms “dependent” and “TRICARE program” have the meanings given such terms in section 1072 of title 10, United States Code.

SEC. 744. Study on joint fund of the Department of Defense and the Department of Veterans Affairs for Federal Electronic Health Record Modernization Office.

(a) Study.—The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall conduct a study on—

(1) the development of a joint fund of the Department of Defense and the Department of Veterans Affairs for the Federal Electronic Health Record Modernization Office; and

(2) the operations of the Federal Electronic Health Record Modernization Office since its establishment, including how the Office has supported the implementation of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs.

(b) Elements.—The study under subsection (a) shall assess the following:

(1) Justifications for the development of the joint fund.

(2) Options for the governance structure of the joint fund, including how accountability would be divided between the Department of Defense and the Department of Veterans Affairs.

(3) An estimated timeline for implementation of the joint fund.

(4) The anticipated contents of the joint fund, including the anticipated process for annual transfers to the joint fund from the Department of Defense and the Department of Veterans Affairs, respectively.

(5) The progress and accomplishments of the Federal Electronic Health Record Modernization Office during fiscal year 2021 in fulfilling the purposes specified in subparagraphs (C) through (R) of section 1635(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).

(6) The role and contributions of the Federal Electronic Health Record Modernization Office with respect to—

(A) the current implementation of the Electronic Health Record Modernization Program at the Mann-Grandstaff Department of Veterans Affairs Medical Center located in Spokane, Washington; and

(B) the strategic review of the Electronic Health Record Modernization Program conducted by the Department of Veterans Affairs.

(7) How dedicated funding for the Federal Electronic Health Record Modernization Office would have affected or altered the role and contributions specified in paragraph (6).

(8) An estimated timeline for the completion of the implementation milestones under section 1635(e) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note), taking into account delays in the implementation of the Electronic Health Record Modernization Program.

(c) Report.—Not later than April 1, 2022, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall submit to the appropriate congressional committees a report on the findings of the study under subsection (a), including recommendations on the development of the joint fund specified in such subsection. Such recommendations shall address—

(1) the purpose of the joint fund; and

(2) requirements related to the joint fund.

(d) Definitions.—In this section:

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

(A) the Committees on Armed Services of the House of Representatives and the Senate; and

(B) the Committees on Veterans’ Affairs of the House of Representatives and the Senate.

(2) The term “Electronic Health Record Modernization Program” has the meaning given such term in section 503(e) of the Veterans Benefits and Transition Act of 2018 (Public Law 115–407; 132 Stat. 5376).

(3) The term “Federal Electronic Health Record Modernization Office” means the Office established under section 1635(b) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).

SEC. 745. Briefing on domestic production of critical active pharmaceutical ingredients.

Not later than April 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the development of a domestic production capability for critical active pharmaceutical ingredients and drug products in finished dosage form. Such briefing shall include a description of the following:

(1) The anticipated cost over the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code (as of the date of the briefing), to develop a domestic production capability for critical active pharmaceutical ingredients.

(2) The cost of producing critical active pharmaceutical ingredients through such a domestic production capability, as compared with the cost of standard manufacturing processes used by the pharmaceutical industry.

(3) The average time to produce critical active pharmaceutical ingredients through such a domestic production capability, as compared with the average time to produce such ingredients through standard manufacturing processes used by the pharmaceutical industry.

(4) Any intersections between the development of such a domestic production capability, the military health system, and defense-related medical research or operational medical requirements.

(5) Lessons learned from the progress made in developing such a domestic production capability as of the date of the briefing, including from any contracts entered into by the Secretary with respect to such a domestic production capability.

(6) Any critical active pharmaceutical ingredients that are under consideration by the Secretary for future domestic production as of the date of the briefing.

(7) The plan of the Secretary regarding the future use of domestic production capability for critical active pharmaceutical ingredients.

SEC. 746. Briefing on anomalous health incidents involving members of the Armed Forces.

(a) Briefing.—Not later than March 1, 2022, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on anomalous health incidents affecting members of the Armed Forces and civilian employees of the Department of Defense, any ongoing efforts carried out by the Secretary to protect such members and employees from the effects of anomalous health incidents, and the extent and nature of engagement by the Secretary with the heads of other Federal departments and agencies regarding anomalous health incidents affecting the employees of such other departments and agencies.

(b) Matters.—The briefing provided under subsection (a) shall include, at a minimum, the following:

(1) Information on cases of confirmed or suspected anomalous health incidents affecting members of the Armed Forces or civilian employees of the Department.

(2) An update on the strategy of the Department to protect such members and employees from the effects of anomalous health incidents, including any efforts carried out by the Secretary to ensure that—

(A) suspected anomalous health incidents are promptly reported; and

(B) victims of anomalous health incidents are provided immediate and long-term medical treatment.

(3) The current efforts of the Department to contribute to the overall approach of the U.S. Government to address, prevent, and respond to, anomalous health incidents, including such contributed efforts of the Department to defend against anomalous health incident attacks against personnel of the U.S. Government and United States citizens.

(4) The current efforts of the Department to prepare members of the Armed Forces and civilian employees of the Department for the effects of anomalous health incidents, including prior to deployment.

(5) Recommendations on how to improve the identification and reporting of anomalous health incidents affecting such members and employees, including a recommendation on whether to conduct a health assessment prior to the deployment of such members or employees if the prospective deployment is to an embassy of the United States (or to another location that the Secretary determines may present a heightened risk of anomalous health incidents), to establish a medical baseline against which medical data of the member or employee may be compared following a suspected anomalous health incident.

(6) An identification by the Secretary of a senior official of the Department who has been designated by the Secretary as the official with principal responsibility for leading the efforts of the Department regarding anomalous health incidents (and related issues within the Department) and for coordinating with the heads of other Federal departments and agencies regarding such incidents and related issues.

(c) Senate confirmation of responsible individual.—If the designated senior official identified pursuant to subsection (b)(6) has not been appointed by and with the advice and consent of the Senate, the Secretary shall ensure that the principal responsibility for the actions specified in such subsection is transferred to a senior official of the Department who has been so appointed.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services, the Committee on Oversight and Reform, and the Committee on Transportation and Infrastructure of the House of Representatives; and

(2) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 747. Sense of Congress on National Warrior Call Day.

(a) Findings.—Congress finds the following:

(1) Establishing an annual “National Warrior Call Day” will draw attention to those members of the Armed Forces whose connection to one another is key to our veterans and first responders who may be dangerously disconnected from family, friends, and support systems.

(2) The number of suicides of members of the Armed Forces serving on active duty increased to 377 in 2020, a figure up from 348 the previous year.

(3) The epidemic of veteran suicide has steadily increased since 2014 with 6,435 veterans taking their own lives in 2018.

(4) After adjusting for sex and age, the rate of veteran suicide in 2018 was 27.5 per 100,000 individuals, higher than the rate among all United States adults at 18.3.

(5) More veterans have died by suicide in the last 10 years than members of the Armed Forces who died from combat in Vietnam.

(6) Roughly two-thirds of these veterans who take their own lives have had no contact with the Department of Veterans Affairs.

(7) The COVID–19 pandemic has only increased isolation and disconnection, further exacerbating mental and physical ailments such as post-traumatic stress disorder and traumatic brain injury.

(8) The Centers for Disease Control and Prevention note that law enforcement officers and firefighters are more likely to die by suicide than in the line of duty, and emergency medical services providers are 1.39 times more likely to die by suicide than members of the general public.

(9) Invisible wounds linked to an underlying and undiagnosed traumatic brain injury can mirror many mental health conditions, a problem that can be addressed through connections to members of the Armed Forces and veterans who can better identify and address these wounds.

(10) Urgent research is needed to highlight the connection between traumatic brain injury as a root cause of invisible wounds and suicide by members of the Armed Forces and veterans.

(b) Sense of Congress.—It is the sense of Congress that Congress—

(1) supports the designation of a “National Warrior Call Day”;

(2) encourages all Americans, especially members of the Armed Forces serving on active duty and veterans, to call up a warrior, have an honest conversation, and connect them with support, understanding that making a warrior call could save a life; and

(3) implores all Americans to recommit themselves to engaging with members of the Armed Forces through “National Warrior Call Day” and constructive efforts that result in solutions and treatment for the invisible scars they carry.

SEC. 748. Mandatory training on health effects of perfluoroalkyl or polyfluoroalkyl substances.

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 perfluoroalkyl or polyfluoroalkyl substances.

SEC. 749. Pilot program on sleep apnea among new recruits.

(a) Pilot program.—The Secretary of Defense, acting through the Defense Health Agency, shall carry out a pilot program to determine the prevalence of sleep apnea among members of the Armed Forces assigned to initial training.

(b) Participation.—

(1) MEMBERS.—The Secretary shall ensure that the number of members who participate in the pilot program under subsection (a) is sufficient to collect statistically significant data for each military department.

(2) SPECIAL RULE.—The Secretary may not disqualify a member from service in the Armed Forces by reason of the member being diagnosed with sleep apnea pursuant to the pilot program under subsection (a).

SEC. 750. Survey on effects of COVID–19 mandate on matters relating to recruitment and reinlistment.

(a) Survey.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an anonymous survey to determine the effects that the COVID–19 vaccine mandate issued by the Secretary on August 24, 2021, has had on recruitment to and reenlistment in the Armed Forces.

(b) Matters.—The survey under subsection (a) shall include an assessment of the following:

(1) Whether the announcement of the COVID–19 vaccine mandate encouraged the reenlistment, discouraged the reenlistment, or had any effect on the reenlistment, of members of the Armed Forces.

(2) Whether the announcement of the COVID–19 vaccine mandate encouraged individuals to join the Armed Forces, discouraged individuals to join the Armed Forces, or had any other effect on recruitment efforts for the Armed Forces.

(1) IN GENERAL.—Not later than 240 days after the date of the enactment of this Act, the Secretary shall submit to Congress the results of the survey under subsection (a) and publish such results on an internet website of the Department of Defense.

(2) PRIVACY CONSIDERATIONS.—In submitting and publishing the results of the survey under paragraph (1), the Secretary shall ensure that such results do not include any personally identifiable information of Armed Forces recruits, members of the Armed Forces, or any other individual surveyed under this section.

SEC. 751. Funding for pancreatic cancer research.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for R&D Research is hereby increased by $5,000,000 for the purposes of pancreatic cancer research, of which $5,000,000 is for the purposes of a pancreatic cancer early detection initiative (EDI).

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for Defense Health Program, as specified in the corresponding funding table in section 4501, for Base Operations/Communications is hereby reduced by $5,000,000.

SEC. 752. Report on discrepancies between TRICARE program and CHAMPVA program in certain coverage standards.

(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report that details any discrepancies between the TRICARE program and the CHAMPVA program of the Department of Veterans Affairs, with respect to coverage standards under such programs for nursing home care and in-home care.

(b) Matters.—The report under subsection (a) shall include, with respect to any standard described in such subsection under the TRICARE program that the Secretary determines is lower than the corresponding standard under the CHAMPVA program of the Department of Veterans Affairs, a description of—

(1) the anticipated cost of aligning such lower standard to conform with the higher standard; and

(2) any obstacles (including statutory, regulatory, or other obstacles) to such alignment.

SEC. 753. Funding for rapid screening under Development of Medical Countermeasures Against Novel Entities program.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4201 for Advanced Component Development & Prototypes, Research, Development, Test, and Evaluation, Defense-Wide, as specified in the corresponding funding table in section 4201, for the Chemical and Biological Defense Program- DEM/VAL, Line 82, is hereby increased by $4,500,000 for the Development of Medical Countermeasures Against Novel Entities program of the Defense Threat Reduction Agency, to allow for the rapid screening of all compounds approved by the Food and Drug Administration, and other human-safe compound libraries, to identify optimal drug candidates for repurposing as medical countermeasures for COVID–19 and other novel and emerging biological threats.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4201 for Operations and Maintenance, Defense-Wide, as specified in the corresponding funding table in 4301, for Defense Media Activity, Line 370, is hereby reduced by $4,500,000.

SEC. 754. Increased collaboration with NIH to combat triple negative breast cancer.

(a) In general.—The Office of Health of the Department of Defense shall work in collaboration with the National Institutes of Health to—

(1) identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and

(2) provide information useful in biomarker selection, drug discovery, and clinical trials design that will enable both—

(A) triple negative breast cancer patients to be identified earlier in the progression of their disease; and

(B) the development of multiple targeted therapies for the disease.

(b) Funding.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, is hereby increased by $10,000,000 to carry out subsection (a).

(c) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, for Private Sector Care is hereby reduced by $10,000,000.

SEC. 755. Funding for post-traumatic stress disorder.

(a) Funding.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding table in such division, is hereby increased by $2,500,000 for post-traumatic stress disorder.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, for Private Sector Care is hereby reduced by $2,500,000.

SEC. 756. Report on rate of maternal mortality among members of the Armed Forces.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall submit to Congress a report on the rate of maternal mortality among members of the Armed Forces and the dependents of such members.

SEC. 757. Sense of Congress on designation of Military Heart Health Awareness Day.

It is the sense of Congress that there should be designated a “Military Heart Health Awareness Day”.

SEC. 758. Pilot program to improve military readiness through nutrition and wellness initiatives.

(a) Pilot program.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out a pilot program to improve military readiness through nutrition and wellness initiatives.

(b) Unit selection.—The Secretary of Defense shall select for participation in the pilot program under subsection (a) a unit at a basic training facility or an early instructional facility of a military department.

(1) The development, and administration to the unit selected pursuant to subsection (b), of an educational curriculum relating to nutrition, physical fitness, the proper use of supplements, and any other human performance elements determined relevant by the Secretary of the military department with jurisdiction over the unit.

(2) The provision to the unit of health-related testing.

(3) The provision to the unit of dietary supplements.

(d) Implementing partner.—

(1) SELECTION.—The Secretary of Defense shall select as an implementing partner a single contractor to both carry out all of the activities under subsection (c) and manufacture the dietary supplements to be provided pursuant to subsection (c)(3) at a manufacturing facility owned by the contractor. In making such selection, the Secretary shall ensure that the contractor enforces an appropriate level of third-party review with respect to the quality and safety of products manufactured, as determined by the Secretary.

(2) CONSIDERATIONS.— In selecting the contractor under paragraph (1), the Secretary shall consider the following:

(A) Whether the contractor has the ability to carry out each activity under subsection (c), in addition to the ability to manufacture the dietary supplements to be provided pursuant to subsection (c)(3).

(B) Whether the manufacturing facility of the contractor is a fully independent, third-party certified, manufacturing facility that holds the highest “Good Manufacturing Practice” certification or rating possible, as issued by a regulatory agency of the Federal government.

(C) Whether the manufacturing facility of the contractor, and all finished products manufactured therein, have been verified by a third-party as free from banned substances and contaminants.

(D) Whether the contractor is in compliance with the adverse event reporting policy and third-party adverse event monitoring policy of the Food and Drug Administration.

(E) Whether the contractor implements a stability testing program that supports product expiration dating.

(F) Whether the contractor has a credible and robust environment, social, and governance policy that articulates responsibilities and annual goals.

(G) Whether the contractor has demonstrated at least five years of operation as a business in good standing in the industry.

(H) Whether the contractor has a demonstrated history of maintaining relationships with nationally-recognized medical and health organizations.

(e) Coordination.—In carrying out the pilot program under subsection (a), the contractor selected under subsection (d) shall coordinate with the following:

(1) Command, training, and medical officers and noncommissioned officers.

(2) Outside experts (including experts with relevant experience from research and testing organizations, credible medical committees, or hospitals) that may lend personalized support, capture data, and facilitate third-party adverse event reporting.

(f) Duration.—The pilot program under subsection (a) shall be for a period of six months.

(g) Report.—Upon the termination of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the pilot program, including any findings or data from the pilot program, and a recommendation by the Secretary of Defense for improvements to the readiness of the Armed Forces based on such findings and data.

SEC. 759. Mandatory training on treatment of eating disorders.

The Secretary of Defense shall furnish to each medical professional who provides direct care services under the military health system a mandatory training, consistent with generally accepted standards of care, on how to screen, intervene, and refer patients to treatment, for the severe mental illness of eating disorders.

SEC. 760. Priority for domestically sourced bovine heparin.

The Secretary of Defense shall provide priority for domestically sourced, fully traceable, bovine heparin approved by the Food and Drug Administration when available.

SEC. 761. Access to menstrual hygiene products and accommodations.

Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report on the availability of menstrual hygiene products on military bases, and accommodations related to menstrual hygiene available to members of the Armed Forces.

SEC. 762. Report on preconception and prenatal carrier screening tests under TRICARE.

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report on potential TRICARE coverage of preconception and prenatal carrier screening tests for certain medical conditions.

(b) Report contents.—The report required under subsection (a) shall include, with respect to such tests—

(1) a cost-benefit analysis of TRICARE coverage expansion;

(2) an assessment of the coverage of such tests by public and private sector health plans; and

(3) an assessment of the benefits to health outcomes for military families and the impact, if any, on military readiness of members of the Armed Forces.

(c) Definition of TRICARE.—In this section, the term “TRICARE” has the meaning given that term in section 1072 of title 10, United States Code.

SEC. 801. Acquisition workforce educational partnerships.

(a) In general.—Subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after section 1746 the following new section:

“§ 1746a. Acquisition workforce educational partnerships

“(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to—

“(1) facilitate the engagement of experts in instructional design from participants in the acquisition research organization established under section 2361a with the faculty of the Defense Acquisition University to organize and adjust the curriculum of the Defense Acquisition University, as appropriate, to ensure that—

“(A) the curriculum accords with the educational framework commonly known as Bloom’s taxonomy;

“(B) classes are composed of students from diverse positions in the acquisition workforce; and

“(C) higher level classes require students to create solutions to operational challenges related to acquisition policy reform through human-centered design projects;

“(2) in coordination with the Office of Human Capital Initiatives, facilitate the retention of critical members of the acquisition workforce by providing academic advising with respect to classes offered by the Defense Acquisition University to both members of the acquisition workforce and the supervisors of the members to ensure that each member takes the classes that are suited to the experience level, position, and professional development of such member;

“(3) partner with extramural institutions to offer training to all members of the acquisition workforce addressing operational challenges that affect procurement decision-making, including training on—

“(A) intellectual property and data rights negotiations;

“(B) the effects of climate change and the need to invest in mitigating such effects throughout the full life cycle of a project;

“(C) partnering with contractors and other suppliers to attract new companies with emerging technologies and to ensure supply chain resiliency; and

“(D) enabling rapid and efficient procurement of technologies in a manner that permits quick response to technological changes;

“(4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and development of members of the acquisition workforce;

“(5) accelerate the adoption of flexible contracting techniques by the acquisition workforce by expanding the availability of training on such techniques and incorporating such training into the curriculum of the Defense Acquisition University, including partnering with extramural institutions to expand the availability of training related to transaction authorities under sections 2371 and 2371b to attorneys and technical specialists; and

“(6) enhance the reputation of the faculty of the Defense Acquisition University by—

“(A) building partnerships between the faculty of the Defense Acquisition University and participants in the activity established under section 2361a; and

“(B) supporting the preparation and drafting of the reports required under subsection (f)(2).

“(b) Curriculum adjustments.—Not later than the date that is one year after the date of the enactment of this section, the President of the Defense Acquisition University shall reorganize and adjust the curriculum of the Defense Acquisition University, as appropriate, to comply with the criteria described in subparagraphs (A), (B), and (C) of subsection (a)(1).

“(c) Program Director of Strategic Partnerships.—

“(1) ESTABLISHMENT.—There is established in the Office of the President of the Defense Acquisition University the position of Program Director of Strategic Partnerships.

“(2) DUTIES.—The Program Director of Strategic Partnerships shall establish, develop, and maintain partnerships between the Defense Acquisition University and extramural institutions.

“(3) APPOINTMENT.—

“(A) IN GENERAL.—The President of the Defense Acquisition University shall appoint the Program Director of Strategic Partnerships.

“(B) INITIAL APPOINTMENT.—Not later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall appoint a Program Director of Strategic Partnerships.

“(d) Implementation.—

“(1) SUPPORT FROM OTHER DEPARTMENT OF DEFENSE ORGANIZATIONS.—The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate.

“(2) IMPLEMENTATION PLAN.—

“(A) IN GENERAL.—Not later than one year after the date of the enactment of this section, the President of the Defense Acquisition University shall submit to the congressional defense committees a plan for implementing the program established under this section.

“(B) ELEMENTS.—The plan required under subparagraph (A) shall include the following:

“(i) Plans that describe any support that will be provided for the program by other elements of the Department of Defense under paragraph (1).

“(ii) Plans for the implementation of the program, including plans for—

“(I) future funding and administrative support of the program;

“(II) integration of the program into the programming, planning, budgeting, and execution process of the Department of Defense;

“(III) integration of the program with the other programs and initiatives within the Department relating to innovation and outreach to the academic and the private sector; and

“(IV) performance indicators by which the program will be assessed and evaluated.

“(iii) A description of any additional authorities the Secretary of Defense may require to carry out the responsibilities under this section.

“(e) Funding.—Subject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705) to carry out the requirements of this section.

“(f) Annual reports.—

“(1) IN GENERAL.—Not later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted.

“(2) FACULTY REPORTS.—

“(A) IN GENERAL.—Except as provided in subparagraph (C), not later than six months after the date of the enactment of this section, and not later than March 1 of each year thereafter, each individual employed by the Defense Acquisition University as a full-time professor, instructor, or lecturer and each group created under subparagraph (B) shall submit to the congressional defense committees a report on the area of Federal acquisition expertise of such individual or group, including—

“(i) developments in such area during the one-year ending on the date on which the report is submitted; and

“(ii) suggested legislative and regulatory reforms.

“(B) GROUP DETERMINATIONS.—The President of the Defense Acquisition University may group together individuals described in subparagraph (A) that the President of the Defense Acquisition University determines to be experts in the same or substantially overlapping areas of Federal acquisition.

“(C) INDIVIDUAL REPORT EXCEPTION.—Subparagraph (A) shall not apply with respect to an individual that is a member of a group created under subparagraph (B) for any year in which such group submits a report under this paragraph to which such individual contributed as a member of such group.

“(g) Exemption to report termination requirements.—Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section.

“(h) Definitions.—In this section:

“(1) ACQUISITION WORKFORCE.—The term ‘acquisition workforce’ has the meaning given such term in section 1705(g).

“(2) EXTRAMURAL INSTITUTIONS.—The term ‘extramural institutions’ means participants in an activity established under section 2361a, public sector organizations, and nonprofit credentialing organizations.

“(3) HUMAN-CENTERED DESIGN.—The term ‘human-centered design’ means a solution to a problem that is based on a problem-solving approach under which the individual or entity seeking to solve the problem—

“(A) develops an understanding of the problem primarily by interacting with individuals who are experiencing the problem;

“(B) creates solutions to the problem that are based on such understanding and which are designed to address the needs of such individuals with respect to the problem; and

“(C) involves such individuals in the development and testing of such solutions.

“(4) NONPROFIT CREDENTIALING ORGANIZATION.—The term ‘nonprofit credentialing organization’ means a nonprofit organization that offers a credentialing program that—

“(A) is accredited by a nationally-recognized, third-party personnel certification program accreditor;

“(B) (i) is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention, or advancement purposes; and

“(ii) where appropriate, is endorsed by a nationally-recognized trade association or organization representing a significant part of the industry or sector; or

“(C) meets credential standards of a Federal agency.

“(5) TECHNICAL SPECIALIST.—The term ‘technical specialist’ means an individual who is authorized by the Secretary of Defense or a Secretary of a military department to enter into agreements under the authority of section 2371 or 2371b and is not otherwise authorized to enter into procurement contracts or cooperative agreements.”.

(b) Clerical amendment.—The table of sections for subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after the item relating to section 1746 the following new item:

“1746a. Acquisition workforce educational partnerships.”.

SEC. 802. Special emergency reimbursement authority.

(a) In general.—Subchapter II of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 2265. Special emergency reimbursement authority

“(a) Special emergency reimbursement authority.—

“(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of Defense may, in accordance with paragraph (2) and subsection (c), modify the terms and conditions of a covered contract, without consideration, to reimburse a contractor for the cost of any paid leave, including sick leave, that such contractor provides to the employees of such contractor or employees of subcontractors (at any tier) of such contractor in response to a covered emergency to keep such employees or subcontractors in a ready state with respect to such covered contract.

“(2) REIMBURSEMENT REQUIREMENTS.—

“(A) ELIGIBLE EMPLOYEE AND SUBCONTRACT COSTS.—Reimbursements under this subsection may be made only with respect to employees of a contractor or employees of subcontractors (at any tier) of a contractor which, for the relevant covered contract—

“(i) are unable to perform work on a covered site due to facility closures or other restrictions; and

“(ii) cannot telework because the duties of such employee or contractor cannot be performed remotely.

“(B) AVERAGE HOURS.—The number of hours of paid leave for which the cost may be reimbursement under this subsection may not exceed an average of 40 hours per week per employee described in subparagraph (A).

“(C) BILL RATE.—The minimum applicable contract billing rate under the relevant covered contract shall be used to calculate reimbursements under this subsection.

“(b) Enhanced reimbursement for small business contractors.—

“(1) IN GENERAL.—In addition to any reimbursement under subsection (a), the Secretary of Defense may, in accordance with paragraph (2) and subsection (c), modify the terms and conditions of a covered contract, without consideration, to reimburse a small business contractor for costs, other than costs reimbursable under subsection (a), that are direct costs of a covered emergency with respect to which reimbursement is permitted under subsection (a).

“(2) LIMITATIONS.—The Secretary of Defense may reimburse a small business contractor under this subsection to the extent that the relevant contracting officer determines in writing that—

“(A) such reimbursement is necessary to ensure the continuation of contractor performance during, or the resumption of contractor performance after, the covered emergency;

“(B) the small business contractor mitigated the costs that may be reimbursed under this subsection to the extent practicable; and

“(C) it is in the best interest of the United States to reimburse such costs.

“(c) Reimbursement conditions.—

“(1) COST IDENTIFICATION.—A cost is eligible for reimbursement under subsection (a) or (b) only if the relevant contracting officer determines that the records of the contractor to identify such cost as a cost described in either such subsection such that such contracting officer may audit such cost.

“(2) OTHER FEDERAL BENEFIT OFFSET.—

“(A) IN GENERAL.—Any reimbursement under subsection (a) or (b) shall be reduced by an amount equal to the total amount of any other Federal payment, allowance, or tax or other credit received for a cost that is reimbursable under such subsection.

“(B) NOTIFICATION.—A contractor that receives a payment, allowance, or credit described in subparagraph (A) for a cost which such contractor seeks reimbursement under subsection (a) or (b) shall submit to the relevant contracting officer a notice of the receipt of such payment, allowance, or credit—

“(i) prior to the execution of a contract modification providing such reimbursement; and

“(ii) not later than 30 days after such receipt.

“(C) POST REIMBURSEMENT.—A contractor that receives a payment, allowance, or credit described in subparagraph (A) for a cost after the execution of a contract modification under subsection (a) or (b) reimbursing such cost, or that is unable to provide the notice required under subparagraph (B) in accordance with clause (i) of such subparagraph, shall—

“(i) not later than 30 days after the receipt of the payment, allowance, or credit, notify the relevant contracting officer in writing of such receipt; and

“(ii) agree to execute a contract modification to reduce the amount reimbursed under subsections (a) and (b) by the amount of such payment, allowance, or credit.

“(3) APPROPRIATIONS AVAILABILITY.—Reimbursements under subsections (a) and (b) shall be subject to the availability of appropriations.

“(d) Cost accounting standards.—For the purposes of this section, a cognizant Federal agency official shall provide a contractor subject to the cost accounting standards issued pursuant to section 1502 of title 41 and required to submit one or more disclosure statements, a reasonable opportunity to amend any such disclosure statements to reflect any costs that are reimbursable under subsection (a).

“(e) Definitions.—In this section:

“(1) COGNIZANT FEDERAL AGENCY OFFICIAL.—The term ‘cognizant Federal agency official’ has the meaning given such term in section 30.001 of title 48, Code of Federal Regulations.

“(2) COVERED CONTRACT.—The term ‘covered contract’ means any contract, including a fixed-price or cost-reimbursement contract, or any other agreement for the procurement of goods or services by or for the Department of Defense.

“(3) COVERED EMERGENCY.—The term ‘covered emergency’ means a declared pandemic which prevents the employees of a contractor of the Department of Defense or the employees of a subcontractor (at any tier) of such a contractor from performing work under a covered contract, as determined by the Secretary.

“(4) COVERED SITE.—The term ‘covered site’ means any government-owned, government-leased, contractor-owned, or contractor-leased facility approved by the Federal Government for contract performance.

“(5) DISCLOSURE STATEMENT.—The term ‘disclosure statement’ means a Disclosure Statement described in section 9903.202–1(a) of title 48, Code of Federal Regulations.

“(6) MINIMUM APPLICABLE CONTRACT BILLING RATE.—The term ‘minimum applicable contract billing rate’ means a rate capturing the financial impact incurred as a consequence of keeping the employees of a contractor or employees of subcontractors (at any tier) of a contractor in a ready state, including the base hourly pay rate of such employees and employees of such subcontractors, indirect costs, general and administrative expenses, and other relevant costs.

“(7) READY STATE.—The term ‘ready state’ means able to mobilize in a timely manner to perform under a covered contract.

“(8) SMALL BUSINESS CONTRACTOR.—The term ‘small business contractor’ means a contractor for a covered contract that is a small business concern (as such term is defined under section 3 of the Small Business Act (15 U.S.C. 632).”.

(b) Clerical amendment.—The table of sections for subchapter II of chapter 134 of title 10, United States Code, is amended by adding at the end the following new item:

“2265. Special emergency reimbursement authority.”.

SEC. 803. Prohibition on procurement of personal protective equipment from non-allied foreign nations.

(a) Prohibition.—

(1) IN GENERAL.—Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations

“(a) In general.—Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation.

“(b) Applicability.—Subsection (a) shall apply to prime contracts and subcontracts at any tier.

“(c) Exceptions.—

“(1) IN GENERAL.—Subsection (a) does not apply under the following circumstances:

“(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price.

“(B) The procurement of a covered item for use outside of the United States.

“(C) Purchases for amounts not greater than $150,000.

“(2) LIMITATION.—A proposed purchase or contract for an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.

“(d) Definitions.—In this section:

“(1) COVERED ITEM.—The term ‘covered item’ means an article or item of—

“(A) personal protective equipment for use in preventing spread of communicable disease, such as by exposure to infected individuals or contamination or infection by infectious material (including surgical masks, respirator masks and electric-powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or

“(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.

“(2) COVERED NATION.—The term ‘covered nation’ means—

“(A) the Democratic People’s Republic of North Korea;

“(B) the People’s Republic of China;

“(C) the Russian Federation; and

“(D) the Islamic Republic of Iran.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following:

“2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.”.

(b) Future transfer.—

(1) TRANSFER AND REDESIGNATION.—Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), and redesignated as section 3882.

(2) CLERICAL AMENDMENTS.—

(A) TARGET CHAPTER TABLE OF SECTIONS.—The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by inserting after the item related to section 3881 the following new item:

“3882. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.”.

(B) ORIGIN CHAPTER TABLE OF SECTIONS.—The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2339d.

(3) EFFECTIVE DATE.—The transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022.

(4) REFERENCES; SAVINGS PROVISION; RULE OF CONSTRUCTION.—Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

SEC. 804. Minimum wage for employees of Department of Defense contractors.

(a) In general.—

(1) MINIMUM WAGE FOR EMPLOYEES OF DEPARTMENT OF DEFENSE CONTRACTORS.—Chapter 141 of title 10, United States Code is amended by inserting after section 2402 the following new section:

“§ 2403. Minimum wage for employees of Department of Defense contractors

“(a) In general.—Notwithstanding section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), an employee of a Department of Defense contractor performing a covered contract who is paid at an hourly rate shall be paid a minimum wage as follows:

“(1) Beginning January 30, 2022, $15.00 an hour.

“(2) Beginning January 1, 2023, at a minimum wage determined annually by the Secretary, except such wage may not be less than $15.00 an hour.

“(b) Covered contract defined.—In this section, the term ‘covered contract’ means a contract or other agreement entered into on or after January 30, 2022, that—

“(1) is for the procurement of services or construction; and

“(2) with respect to which wages under such contract or other agreement are subject to—

“(A) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.);

“(B) section 6702 of title 41; or

“(C) subchapter IV of chapter 31 of title 40 (known as the ‘Davis-Bacon Act’).”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2042 the following new item:

“2403. Minimum wage for employees of Department of Defense contractors.”.

(b) Rulemaking.—Not later than January 30, 2022, the Secretary of Defense shall issue rules to carry out the requirement of section 2403 of title 10, United States Code, as added by subsection (a).

SEC. 805. Diversity and inclusion reporting requirements for covered contractors.

(a) In general.—Subchapter V of chapter 325 of title 10, United States Code, is amended by inserting after section 4892 the following new section:

“§ 4893. Diversity and inclusion reporting requirements for covered contractors

“(a) Covered contractor reports.—

“(1) IN GENERAL.—The Secretary of Defense shall require each covered contractor awarded a major contract to submit to the Secretary of Defense by the last day of each full fiscal year that occurs during the period of performance of any major contract a report on diversity and inclusion.

“(2) ELEMENTS.—Each report under paragraph (1) shall include, for the fiscal year covered by the report—

“(A) a description of each major contract with a period of performance during the fiscal year covered by the report, including the period of performance, expected total value, and value to date of each major contract;

“(B) the total value of payments received under all major contracts of each covered contractor during such fiscal year;

“(C) the total number of participants in the board of directors of each covered contractor, nominees for the board of directors of the covered contractor, and the senior leaders of the covered contractor, disaggregated by demographic classifications;

“(D) with respect to employees of each covered contractor—

“(i) the total number of such employees; and

“(ii) the number of such employees (expressed as a numeral and as a percentage of the total number), identified by membership in demographic classification and major occupational group;

“(E) the value of first-tier subcontracts under each major contract entered into during such fiscal year;

“(F) with respect to employees of each covered subcontractor—

“(i) the total number of such employees;

“(ii) the number of such employees (expressed as a numeral and as a percentage of the total number), identified by membership in demographic classification and major occupational group;

“(G) whether the board of directors of the covered contractor has, as of the date on which the covered contractor submits a report under this section, adopted any policy, plan, or strategy to promote racial, ethnic, and gender diversity among the members of the board of directors of the covered contractor, nominees for the board of directors of the covered contractor, or the senior leaders of the covered contractor; and

“(H) a description of participation by the contractor in diversity programs, to include hours spent, funds expended in support of, and the number of unique relationships established by each such diversity program.

“(b) Annual summary report.—

“(1) REPORT REQUIRED.—Not later than 60 days after the first day of each fiscal year, the Secretary shall submit to the congressional defense committees a report summarizing the reports submitted pursuant to subsection (a).

“(2) ELEMENTS.—Each report under paragraph (1) shall include—

“(A) an index of the reports submitted pursuant to subsection (a);

“(B) a compilation of the data described in such subsection, disaggregated as described in such subsection;

“(C) an aggregation of the data provided in such reports; and

“(D) a narrative that analyzes the information disclosed in such reports and identifies any year-to-year trends in such information.

“(c) Public availability.—Each report required under this subsection shall be posted on a single publicly available website of the Department of Defense and made available in a machine-readable format that is downloadable, searchable, and sortable.

“(d) Definitions.—In this section:

“(1) COVERED CONTRACTOR.—The term ‘covered contractor’ means a contractor awarded a major contract.

“(2) COVERED SUBCONTRACTOR.—The term ‘covered subcontractor’ means a subcontractor performing a subcontract that is one of the 10 highest aggregate value subcontracts under a major contract.

“(3) DEMOGRAPHIC CLASSIFICATIONS.—The term ‘demographic classifications’ means classifications by race, gender, veteran status, or ethnicity.

“(4) DIVERSITY PROGRAM.—The term ‘diversity program’ means—

“(A) a program conducted under section 3904 of this title;

“(B) a mentor-protege relationship established under section 831 of the National Defense Authorization Act for Fiscal Year 1991;

“(C) a program conducted under section 2192a of this title; or

“(D) any other program designated by the Secretary of Defense as designed to increase the diversity of the workforce of the defense industrial base.

“(5) MAJOR CONTRACT.—The term ‘major contract’ has the meaning given the term in section 2432 of this title.

“(6) MAJOR OCCUPATIONAL GROUP.—The term ‘major occupational group’ means a major occupational group as defined by the Bureau of Labor Statistics.

“(7) SENIOR LEADER.—The term ‘senior leader’ means—

“(A) the president of a covered contractor;

“(B) any vice president in charge of a principal business unit, division, or function of a covered contractor;

“(C) any other officer of a covered contractor who performs a policy-making function; or

“(D) an individual responsible for the direct or indirect management of more than 200 individuals.”.

(b) Clerical amendment.—The table of sections for subchapter V of chapter 325 of title 10, United States Code, is amended by adding after the item related to section 4892 the following:

“4893. Diversity and inclusion reporting requirements for covered contractors.”.

(c) Effective date and applicability.—The amendments made by this section shall take effect on July 1, 2022, and shall apply with respect to contracts entered into on or after July 1, 2022.

SEC. 806. Website for certain domestic procurement waivers.

(a) In general.—Section 4814 of title 10, United States Code, as transferred and redesignated by section 1867(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by adding at the end the following new subsection:

“(c) Website required.—Not later than 18 months after the date of the enactment of this subsection, the Secretary of Defense shall establish and maintain a single publicly available website for the purpose of publishing the information required by subsection (a)(5).”.

(b) Effective date.—The amendments made by this section shall take effect on January 1, 2022.

SEC. 807. Suspension or debarment referral for egregious violations of certain domestic preference laws.

(a) In general.—A contracting officer shall refer to the appropriate suspension or debarment official any current or former contractor of the Department of Defense if such contracting officer reasonably believes that such contractor has egregiously violated any covered domestic preference law.

(b) Egregious violation determination.—For the purposes of this section, a contractor egregiously violates a covered domestic preference law when—

(1) such contractor knowingly or willfully uses or provides goods, articles, materials, or supplies in violation of a covered domestic preference law; and

(2) such violation, individually or in the aggregate with other violations of domestic preference laws by such contractor, is severe (including through the effects, dollar value, or frequency, or any combination thereof, of such violations).

(c) Debarment or suspension basis.—An egregious violation of a covered domestic preference law by a contractor may be a basis for suspension or debarment of the contractor.

(d) Safe harbor.—The use or provision of goods, articles, materials, or supplies by a contractor in violation of a covered domestic preference law may not be considered such a violation for the purposes of a determining whether such contractor has egregiously violated any covered domestic preference law if such contractor reasonably acted in good-faith reliance on—

(1) a written waiver from an individual who is permitted by law or regulation to waive the covered domestic preference law; or

(2) a representation by a third party about the origin of such goods, articles, materials, or supplies.

(e) Covered domestic preference law defined.—In this section, the term “covered domestic preference law” means any provision of section 2533a or 2533b of title 10, United States Code, or chapter 83 of title 41 of such Code that requires or creates a preference for the procurement of goods, articles, materials, or supplies, that are grown, mined, reprocessed, reused, manufactured, or produced in the United States.

SEC. 811. Extension of authorization for the defense civilian acquisition workforce personnel demonstration project.

Section 1762(g) of title 10, United States Code, is amended by striking “2023” and inserting “2025”.

SEC. 812. Modifications to contracts subject to cost or pricing data certification.

Section 2306a(a)(6) of title 10, United States Code, is amended—

(1) by striking “Upon the request” and all that follows through “paragraph (1)” and inserting “Under paragraph (1),”; and

(2) by striking “modify the contract” and all that follows through “consideration.” and inserting “modify the contract as soon as practicable to reflect subparagraphs (B) and (C) of such paragraph, without requiring consideration.”.

SEC. 813. Office of Corrosion Policy and Oversight employee training requirements.

Section 2228 of title 10, United States Code, is amended—

(1) in subsection (b), by adding at the end the following new paragraph:

“(6) To the greatest extent practicable, the Director shall ensure that contractors of the Department of Defense carrying out activities for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense employ for such activities a substantial number of individuals who have completed, or who are currently enrolled in, a qualified training program that meets industry-wide recognized corrosion control standards.”;

(2) in subsection (c)—

(A) in paragraph (2), by striking “; and” and inserting a semicolon;

(B) in paragraph (3), by striking the period at the end and inserting “; and”; and

“(4) require that any training or professional development activities for military personnel or civilian employees of the Department of Defense for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense be under a qualified training program such that, to the greatest extent practicable, the military personnel or civilian employees participating in such qualified training program are trained and certified by the qualified training program as meeting industry-wide recognized corrosion control standards.”; and

(3) in subparagraph (f), by adding at the end the following new paragraph:

“(6) The term ‘qualified training program’ means a training program in corrosion control, mitigation, and prevention that is either—

“(A) offered or accredited by an organization that sets industry corrosion standards; or

“(B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the ‘National Apprenticeship Act’; 29 U.S.C. 50 et seq.).”.

SEC. 814. Standard guidelines for evaluation of requirements for services contracts.

(a) Inclusion of inventory and standard guidelines in budget request.—Section 2329 of title 10, United States Code, is amended—

(1) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking “Effective October 1, 2021,” and inserting “Effective February 1, 2022,”;

(B) by amending paragraph (4) to read as follows:

“(4) be informed by the review the inventory required by section 2330a(c) using standard guidelines developed under subsection (d).”; and

(C) in paragraph (5), by inserting “, except with respect to information on services contracts in support of contingency operations, humanitarian assistance, disaster relief, in support of a national security emergency declared with respect to a named operation, or entered into pursuant to an international agreement shall be excluded from such submission” before the period at the end;

(2) by striking subsection (f); and

(3) redesignating subsection (g) as subsection (f).

(b) Standard guidelines.—Section 2329(d) of title 10, United States Code, is amended—

(1) by striking “Each Services Requirements Review Board” and inserting “(1) Each Services Requirements Review Board”; and

(2) by adding at the end the following new paragraph:

“(2) The Secretary of Defense shall establish and issue standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. Any such guidelines issued—

“(A) shall be based on the checklist relating to services contract approval established and in use by the Department of the Army (as set forth in the request for services contract approval form updated as of August 2012, or any successor form); and

“(B) shall be updated as necessary to incorporate applicable statutory changes to total force management policies and procedures and any other guidelines or procedures relating to the use Department of Defense civilian employees to perform new functions and functions that are performed by contractors.

“(3) A general or flag officer, or a civilian employee of the Department of Defense in the Senior Executive Service, with responsibility for supervising requirements owners shall certify—

“(A) that a task order or statement of work being submitted to a contracting office is in compliance with the standard guidelines;

“(B) that all appropriate statutory risk mitigation efforts have been made; and

“(C) that such task order or statement of work does not include requirements formerly performed by Department of Defense civilian employees.

“(4) A general or flag officer, or a civilian employee of the Department of Defense in the Senior Executive Service may not delegate the duties described in paragraph (3) to an officer in a grade below O–7 (or a civilian employee of the Department of Defense at or below grade GS–15 of the General Schedule) without authorization from the Assistant Secretary of the Department of Defense concerned.

“(5) The Inspector General of the Department of Defense may conduct annual audits to ensure compliance with this section.”.

(1) Section 235 of title 10, United States Code, is repealed.

(2) Section 852 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1492; 10 U.S.C. 2329 note) is repealed.

SEC. 815. Extension of requirement to submit Selected Acquisition Reports.

(a) Repeal of termination.—Section 2432 of title 10, United States Code, is amended by striking subsection (j).

(b) Repeal of termination of certain additional reports.—Section 1051(x) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1567; 10 U.S.C. 111 note) is amended by striking paragraph (4).

SEC. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels.

Section 2534 of title 10, United States Code, is amended—

(1) in subsection (a)(2), by adding at the end the following new subparagraph:

“(F) Welded shipboard anchor and mooring chain.”; and

(2) in subsection (b)—

(A) by striking “A manufacturer” and inserting “(1) Except as provided in paragraph (2), a manufacturer”; and

(B) by adding at the end the following new paragraph:

“(2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.”.

SEC. 817. Competition requirements for purchases from Federal Prison Industries.

(a) Competition requirements for purchases from Federal Prison Industries.—Section 3905 of title 10, United States Code, as transferred and redesignated by section 1838(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by striking subsections (a) and (b) and inserting the following new subsections:

“(a) Market research.—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog published under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether such product—

“(1) is comparable to products available from the private sector; and

“(2) best meets the needs of the Department of Defense in terms of price, quality, and time of delivery.

“(b) Competition requirement.—If the Secretary determines that a Federal Prison Industries product is not comparable to products available from the private sector and does not best meet the needs of the Department of Defense in terms of price, quality, or time of delivery, the Secretary shall use competitive procedures or make an individual purchase under a multiple award contract for the procurement of the product. In conducting such a competition or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on February 1, 2022.

SEC. 818. Repeal of preference for fixed-price contracts.

(a) Repeal.—Section 829 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2306 note) is repealed.

(b) Conforming amendment.—Chapter 242 of title 10, United States Code, as amended by section 1817(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) in table of contents for such chapter, by striking the item relating to section 3324; and

(2) by striking the enumerator, section heading, and subsequent matter relating to section 3324.

SEC. 819. Modification to the pilot program for streamlining awards for innovative technology projects.

(a) Extension.—Section 873(f) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2306a note) is amended by striking “October 1, 2022” and inserting “October 1, 2024”.

(b) Recommendation on extension.—

(1) IN GENERAL.—Not later than April 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a recommendation regarding the extension of the pilot program for streamlining awards for innovative technology projects established under section 873(f) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2306a note), and if applicable, the duration of any such extension.

(2) DATA ON EXTENSION.—If the Secretary of Defense recommends an extension of the pilot program under paragraph (1), not later than 60 days after making such recommendation, the Secretary shall submit to the congressional defense committees a report on the outcomes of the pilot program, including—

(A) the number of small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) or nontraditional defense contractors (as defined under section 2302 of title 10, United States Code) that benefitted from the implementation of the pilot program;

(B) the number of small business concerns that would not have entered into a contract with the Department of Defense but for the implementation of the pilot program; and

(C) a description of the goods and services acquired by the Department through the pilot program that otherwise would not have been acquired.

SEC. 820. Other transaction authority information accessibility.

Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition & Sustainment shall submit to the congressional defense committees recommendations for making data on the exercise of the authorities provided under sections 2371 or 2371b of title 10, United States Code, more accessible to the public and improving the reporting of such information, including recommendations for—

(1) reducing data reporting requirements to the minimum necessary to identify—

(A) with respect to a transaction under either such section—

(i) the participants to the transaction (other than the Federal Government), including each business selected to perform work under the transaction by a participant to the transaction that is a consortium of private entities;

(ii) the date on which each participant entered into the transaction; and

(iii) the amount of the transaction; and

(B) with respect to a follow-on contract or transaction awarded under section 2371b of title 10, United States Code—

(i) the awardee;

(ii) the amount; and

(iii) the date awarded.

(2) a method for collecting such information in an online, public, searchable database.

SEC. 821. Modification of enhanced transfer of technology developed at Department of Defense laboratories.

Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 2514 note) is amended—

(1) by redesignating subsection (e) as subsection (f);

(2) by striking subsection (d) and inserting the following new subsections:

“(d) Data collection.—The Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under this section for the purposes of—

“(1) developing and sharing best practices; and

“(2) providing information to the Secretary of Defense and Congress on the use of authority under this section and related policy issues.

“(e) Report.—The Secretary of Defense shall submit a report to the congressional defense committees not later than December 31, 2025.”; and

(3) in subsection (f) (as so redesignated), by striking “December 31, 2021” and inserting “December 31, 2026”.

SEC. 822. Extension and revisions to never contract with the enemy program.

(a) In general.—Section 841 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 2302 note) is amended—

(1) in the heading, by striking “Prohibition on providing funds to the enemy” and inserting “Threat mitigation in commercial support to operations”;

(2) in subsection (a)—

(A) in the heading, by striking “Identification of persons and entities” and inserting “Program”;

(B) in the matter preceding paragraph (1), by striking “establish in each covered combatant command a program to identify persons and entities within the area of responsibility of such command that—” and inserting the following: “establish a program to mitigate threats posed by vendors supporting operations. The program shall use available intelligence, security, and law enforcement information to identify persons and entities that—”;

(D) in paragraph (2), by striking the period at the end and inserting a semicolon; and

(E) by adding at the end the following new paragraphs:

“(3) directly or indirectly support a covered person or entity or otherwise pose a force protection risk to personnel of the United States or coalition forces; or

“(4) pose an unacceptable national security risk.”;

(3) by striking subsection (g);

(4) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively;

(5) in subsection (g)(1), as so redesignated, by striking “may be providing” and all that follows through “or entity” and inserting “have been identified under the program established under subsection (a)”;

(6) by amending subsection (h), as so redesignated, to read as follows:

“(h) WAIVER.—The Secretary of Defense or the Secretary of State, with the concurrence of the other Secretary, in consultation with the Director of National Intelligence, may waive any requirement of this section upon determining that to do so is in the national interest of the United States.”;

(7) by striking subsection (j);

(8) by redesignating subsections (k) and (l) as subsections (i) and (j), respectively;

(9) in subsection (j), as so redesignated, by striking “Except as provided in subsection (m), the” and inserting “The”;

(10) by striking subsection (m); and

(11) by striking subsection (n).

(b) Authorities to terminate, void, and restrict.—Section 841(c) of such Act is further amended—

(1) in paragraph (1)—

(A) by inserting “to a person or entity” after “concerned”; and

(B) by striking “the contract” and all that follows and inserting “the person or entity has been identified under the program established under subsection (a).”;

(2) in paragraph (2), by striking “has failed” and all that follows and inserting “has been identified under the program established under subsection (a).”; and

(3) in paragraph (3), by striking “the contract” and all that follows and inserting “the contractor, or the recipient of the grant or cooperative agreement, has been identified under the program established under subsection (a).”.

(c) Contract clause.—Section 841(d)(2)(B) of such Act is amended by inserting after “subsection (c)” the following: “and restrict future award to any contractor, or recipient of a grant or cooperative agreement, that has been identified under the program established under subsection (a)”.

(d) Disclosure of information exception.—Section 841(e) of such Act is amended by adding at the end the following new paragraph:

“(3) To provide that full disclosure of information to the contractor or recipient of a grant or cooperative agreement justifying an action taken under subsection (c) need not be provided when such disclosure would compromise national security or would pose an unacceptable threat to the personnel of the United States or coalition forces.”.

(e) Participation of secretary of state.—Section 841 of such Act (10 U.S.C. 2302 note) is further amended—

(1) in subsection (a) in the matter preceding paragraph (1), by striking “in consultation with”; and

(2) in subsection (f)(1), by striking “in consultation with”.

(f) Additional access to records.—Section 842 of such Act (10 U.S.C. 2302 note) is amended—

(1) in subsection (a), by striking paragraph (4);

(2) by striking subsection (b);

(3) by striking subsection (c);

(4) by redesignating paragraphs (1) through (3) of subsection (a) as subsections (a) through (c), respectively;

(5) by striking “(a) Contracts, Grants, and Cooperative Agreements.—”;

(6) in subsection (a), as so redesignated, by striking “, except as provided under subsection (c)(1), the clause described in paragraph (2)” and inserting “the clause described in subsection (b)”;

(7) in subsection (b), as so redesignated—

(A) by striking “paragraph (3)” and inserting “subsection (c)”; and

(B) by striking “ensure that funds” and all that follows and inserting “support the program established under section 841(a).”; and

(8) in subsection (c), as so redesignated—

(A) by striking “paragraph (2)” and inserting “subsection (b)”; and

(B) by striking “that funds” and all that follows and inserting “that the examination of such records will support the program established under section 841(a).”.

(g) Inclusion of all contracts.—Sections 841 and 842 of such Act (10 U.S.C. 2302 note) are further amended by striking “covered contract” each place it appears and inserting “contract”.

(h) Inclusion of all combatant commands.—Sections 841 and 842 of such Act (10 U.S.C. 2302 note) are further amended by striking “covered combatant command” each place it appears and inserting “combatant command”.

(i) Delegation authority of combatant commander.—Sections 841 and 842 of such Act (10 U.S.C. 2302 note) are further amended by striking “specified deputies” each place it appears and inserting “designee”.

(j) Definition revisions.—Section 843 of such Act (10 U.S.C. 2302 note) is amended—

(1) by striking paragraphs (2), (3), (4), and (5);

(2) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (2), (3), (4), and (5), respectively; and

(3) by amending paragraph (2), as so redesignated, to read as follows:

“(2) COVERED PERSON OR ENTITY.—The term ‘covered person or entity’ means a person that is—

“(A) engaging in acts of violence against personnel of the United States or coalition forces;

“(B) providing financing, logistics, training, or intelligence to a person described in subparagraph (A);

“(C) engaging in foreign intelligence activities against the United States or against coalition forces;

“(D) engaging in transnational organized crime or criminal activities; or

“(E) engaging in other activities that present a direct or indirect risk to the national security of the United States or coalition forces.”.

SEC. 823. Contractor lobbying restriction compliance requirement.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate regulations requiring each offeror that submits a bid or proposal in response to a solicitation issued by the Department of Defense to include in such bid or proposal a representation that all covered individuals receiving compensation from such offeror are in compliance with the requirements of section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1555; 10 U.S.C. 971 note prec.).

(b) Covered individuals defined.—The term “covered individual” means an individual described in subsection (a)(2) or (b)(2) of section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1555; 10 U.S.C. 971 note prec.).

SEC. 831. Department of Defense research and development priorities.

The Secretary of Defense shall coordinate with the Secretary of Energy to ensure that the priorities of the Department of Defense with respect to the research and development of alternative technologies to, and methods for the extraction, processing, and recycling of, critical minerals (as defined in section 2(b) of the National Materials and Minerals Policy, Research, and Development Act of 1980 (30 U.S.C. 1601(b))) are included in the appropriate research and development activities funded by the Secretary of Energy pursuant to the program established under paragraph (g) of section 7002 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260).

SEC. 832. Defense supply chain risk assessment framework.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a framework, which may be included as part of a framework developed under section 2509 of title 10, United States Code, and pursuant to recommendations provided under section 5 of Executive Order 14017 (86 Fed. Reg. 11849, relating to America’s supply chains), to consolidate the information relating to risks to the defense supply chain that is collected by the elements of the Department of Defense to—

(1) enable Department-wide risk assessments of the defense supply chain; and

(2) support the development of strategies to mitigate risks to the defense supply chain.

(b) Framework requirements.—The framework established under subsection (a) shall—

(1) provide for the collection, management, and storage of data from the supply chain risk management processes of the Department of Defense;

(2) provide for the collection of reports on supply chain risk management from the military departments and Defense Agencies, and the dissemination of such reports to the components of the military departments and Defense Agencies involved in the management of supply chain risk;

(3) enable all elements of the Department to analyze the information collected by such framework to identify risks to the defense supply chain;

(4) enable the Department to—

(A) assess the capabilities of foreign adversaries (as defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))) to affect the defense supply chain;

(B) analyze the ability of the industrial base of the United States to meet the needs of the defense supply chain;

(C) track global technology trends that could affect the defense supply chain, as determined by the Secretary of Defense; and

(D) assess the risks posed by emerging threats to the defense supply chain;

(5) support the identification of technology in which the Department may invest to reduce risks to the defense supply chain, including by improving the resilience of the defense supply; and

(6) provide for—

(A) a map of the supply chains for major end items that supports analysis, monitoring, and reporting with respect to high-risk subcontractors and risks to such supply chain; and

(B) the use of a covered application described in subsection (c) in the creation of such map to assess risks to the supply chain for major end items by business sector, vendor, program, part, or technology.

(c) Covered application described.—The covered application described in this subsection is a covered application that includes the following elements:

(1) A centralized database that consolidates multiple disparate data sources into a single repository to ensure the consistent availability of data.

(2) Centralized reporting to allow for efficient mitigation and remediation of identified supply chain vulnerabilities.

(3) Broad interoperability with other software and systems to ensure support for the analytical capabilities of user across the Department.

(4) Scalable technology to support multiple users, access controls for security, and functionality designed for information-sharing and collaboration.

(d) Guidance.—Not later than 180 days after the framework required under subsection (a) is established, and regularly thereafter, the Secretary of Defense shall issue guidance on mitigating risks to the defense supply chain.

(e) Reports.—

(1) PROGRESS REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of establishing the framework as required under subsection (a).

(2) FINAL REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the framework established under subsection (a) and the organizational structure to manage and oversee the framework.

(f) Definitions.—In this section:

(1) COVERED APPLICATION.—The term “covered application” means a software-as-a-service application that uses decision science, commercial data, and machine learning techniques.

(2) DEFENSE AGENCY; MILITARY DEPARTMENT.—The terms “Defense Agency” and “military department” have the meanings given such terms in section 101 of title 10, United States Code.

(3) HIGH-RISK SUBCONTRACTORS.—The term “high-risk subcontractor” means a subcontractor at any tier that supplies major end items for the Department of Defense.

(4) MAJOR END ITEM.—The term “major end item” means an item subject to a unique item-level traceability requirement at any time in the life cycle of such item under Department of Defense Instruction 8320.04, titled “Item Unique Identification (IUID) Standards for Tangible Personal Property” and dated September 3, 2015, or any successor instruction.

SEC. 833. Plan to reduce reliance on supplies and materials from adversaries in the defense supply chain.

(a) Reliance reduction plan.—

(1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a plan to—

(A) partner with covered private sector entities and partner countries and allies of the United States to reduce the reliance of the United States on covered supplies and materials obtained from sources located in geographic areas controlled by foreign adversaries; and

(B) mitigate the risks to national security and the defense supply chain arising from the reliance of the United States on covered supplies and materials that cannot be acquired in sufficient quantities to meet the needs of major end items without procuring covered supplies and materials from sources located in geographic areas controlled by foreign adversaries.

(2) CONSIDERATION.—The Secretary of Defense shall consider the determinations made under paragraph (3) when developing the plan under paragraph (1).

(3) SUPPLIES AND MATERIALS SOURCE DETERMINATIONS.—Before developing the plan under paragraph (1), the Secretary of Defense, in coordination with Secretary of State, shall determine—

(A) the covered supplies and materials for which a source is located in a geographic area controlled by a foreign adversary;

(B) the covered supplies and materials described in subparagraph (A) that may be acquired from sources located domestically or in geographic areas controlled by partner countries or allies of the United States in sufficient quantities to—

(i) reduce the reliance of the Department on covered supplies and materials described in subparagraph (A); and

(ii) increase the resiliency of the defense supply chain;

(C) the difference in cost to acquire covered supplies and materials described in subparagraph (A) from sources located domestically or in geographic areas controlled by partner countries or allies of the United States, if available; and

(D) the covered supplies and materials described in subparagraph (A) that cannot be acquired in sufficient quantities to meet the needs of major end items without sources located in geographic areas controlled by foreign adversaries.

(b) Report.—Not later than two years after the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report describing—

(1) the determinations made under subsection (a)(3);

(2) the plan required under subsection (a)(1).

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the following:

(A) The Committee on Armed Services of the House of Representatives.

(B) The Committee on Armed Services of the Senate.

(D) The Committee on Foreign Relations of the Senate.

(2) COVERED PRIVATE SECTOR ENTITY.—The term “covered private sector entity” means a private sector entity able to provide, or facilitate the acquisition of, covered supplies and materials from domestic sources or sources located in geographic areas controlled by partner countries or allies of the United States.

(3) COVERED SUPPLIES AND MATERIALS.—

(A) IN GENERAL.—Except as provided in subparagraph (B), the term “covered supplies and materials”—

(i) means—

(I) critical safety systems and subsystems;

(II) assemblies and subassemblies integral to a system or subsystem; and

(III) repair, maintenance, logistics support, and overhaul services for systems, subsystems, assemblies, subassemblies, and parts integral to a systems; and

(ii) includes systems, subsystems, assemblies, subassemblies, and parts described in clause (i) acquired with respect to commercial items (as defined under section 2.101 of title 48, Code of Federal Regulations) and non-commercial items.

(B) CERTAIN STRATEGIC AND CRITICAL MATERIALS EXCLUDED.—The term “covered supplies and materials” does not include any strategic and critical materials (as defined under section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3)) with respect to which the Secretary includes an appropriate reduction plan in a report required under section 14 of such Act (50 U.S.C. 98h–5).

(4) FOREIGN ADVERSARY.—The term “foreign adversary” has the meaning given such term in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)).

(5) MAJOR END ITEM.—The term “major end item” means an item subject to a unique item-level traceability requirement at any time in the life cycle of such item under Department of Defense Instruction 8320.04, titled “Item Unique Identification (IUID) Standards for Tangible Personal Property” and dated September 3, 2015, or any successor instruction.

SEC. 834. Enhanced domestic content requirement for major defense acquisition programs.

(a) Assessment required.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the domestic source content of any procurement.

(2) INFORMATION REPOSITORY.—The Secretary of Defense shall establish an information repository for the collection and analysis of information related to domestic source content that can be used for continuous data analysis and program management activities.

(b) Enhanced domestic content requirement.—

(1) IN GENERAL.—Except as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies—

(A) supplied not later than the date of the enactment of this Act, exceeds 60 percent of cost of the manufactured articles, materials, or supplies procured;

(B) supplied during the period beginning January 1, 2024, and ending December 31, 2028, exceeds 65 percent of the cost of the manufactured articles, materials, or supplies; and

(C) supplied on or after January 1, 2029, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies.

(2) EXCLUSION FOR CERTAIN MANUFACTURED ARTICLES.—Paragraph (1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel.

(3) RULEMAKING.—

(A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if—

(i) the application paragraph (1) results in an unreasonable cost; or

(ii) no offers are submitted to supply manufactured articles, materials, or supplies manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.

(B) TERMINATION.—Rules issued under this paragraph shall cease to have force or effect on January 1, 2030.

(4) APPLICABILITY.—The requirements of this subsection shall apply to contracts entered into on or after the date of the enactment of this Act.

SEC. 835. Reduction of fluctuations of supply and demand for certain covered items.

(a) Supply and demand requirements.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—

(1) specify methods and processes to track and reduce fluctuations in supply chain forecasting and demand requirements of the Office of the Secretary of Defense, each military department, and the Defense Logistics Agency for covered items; and

(2) implement policies to encourage predictable demand requirements for covered items for the Office of the Secretary of Defense, each military department, and the Defense Logistics Agency.

(b) Report.—Not later than 15 months after the date of the enactment of this Act, and quarterly thereafter, each Secretary of a military department and the Director of the Defense Logistics Agency shall submit to the Under Secretary of Defense for Acquisition and Sustainment a report on the fluctuations in supply chain forecasting and demand requirements for each covered item, expressed as a percentage.

(c) Covered item defined.—In this section, the term “covered item” means a covered item described in subparagraph (B), (C), or (E) of subsection (b)(1) or subsection (b)(2) of section 2533a of title 10, United States Code.

SEC. 836. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region.

(a) Prohibition on the availability of funds for certain procurements from XUAR.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a “poverty alleviation” or “pairing assistance” program.

(b) Rulemaking.—The Secretary of Defense shall issue rules not later than 90 days after the date of the enactment of this Act to require a certification from offerors for contracts with the Department of Defense stating the offeror has made a good faith effort to determine that forced labor from XUAR, as described in subsection (a), was not or will not be used in the performance of such contract.

(1) FORCED LABOR.—The term “forced labor” means all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily.

(2) PERSON.—The term “person” means—

(A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or

(B) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A).

(3) XUAR.—The term “XUAR” means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China.

SEC. 837. Ensuring consideration of the national security impacts of uranium as a critical mineral.

(a) In general.—The Secretary of Defense, in coordination with the Secretary of Energy and the Secretary of Commerce, shall conduct an assessment of the effect on national security that would result from uranium ceasing to be designated as a critical mineral by the Secretary of the Interior under section 7002(c) of the Energy Act of 2020 (Public Law 116–260; 30 U.S.C. 1606(c)).

(b) Report.—The Secretary of Defense shall submit to the congressional defense committees a report on the findings of the assessment conducted under subsection (a), including—

(1) the effects of the loss of domestic uranium production on—

(A) Federal national security programs, including any existing and potential future uses of unobligated uranium originating from domestic sources; and

(B) the energy security of the United States;

(2) a description of the extent of the reliance of the United States on imports of uranium from foreign sources, including from state-owned entities, to supply fuel for commercial reactors; and

(3) the effects of such reliance and other factors on the domestic production, conversion, fabrication, and enrichment of uranium.

(c) Uranium critical mineral designation change restricted.—Notwithstanding section 7002(c) of the Energy Act of 2020 (Public Law 116–260; 30 U.S.C. 1606(c)), until the submission of the report required under subsection (b), the designation of uranium as a critical mineral pursuant to such section may not be altered or eliminated.

SEC. 838. Statement of policy and determination related to covered optical transmission equipment or services.

(a) Statement of policy.—It is the policy of the United States that covered optical transmission equipment or services is a critical component of the United States information and communications technology supply chain, and the Department of Defense should procure covered optical transmission equipment or services from trusted manufacturers and suppliers for use in communications networks.

(b) Determination related to covered optical transmission equipment or services.—

(1) PROCEEDING.—Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense shall commence a process to make a determination whether a proposed procurement of covered optical transmission equipment or services that is manufactured, produced, or distributed by an entity owned, controlled, or supported by the People’s Republic of China poses an unacceptable risk to the national security of the United States.

(2) COMMUNICATION OF DETERMINATION.—If the Secretary determines pursuant to paragraph (1) that a proposed procurement of covered optical transmission equipment or services poses an unacceptable risk, the Secretary shall immediately publish that determination in the Federal Register and submit that determination to the relevant Federal agencies, including the Department of Commerce and the Federal Communications Commission.

(1) STUDY REQUIRED.—If the Secretary of Defense makes a determination under subsection (b) that a proposed procurement of covered optical transmission equipment or services poses an unacceptable risk to the national security of the United States, the Federal Communications Commission shall—

(A) within 90 days after receipt of such determination, complete a study to determine the extent to which such covered optical transmission equipment or services is present in commercial communications networks in the United States; and

(B) submit to Congress a report on the study conducted under subparagraph (A).

(2) COVERED COMMUNICATIONS EQUIPMENT OR SERVICES LIST.—If the requirements for placement on the covered communications equipment or services list under section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) are met, the Federal Communications Commission shall place such covered optical transmission equipment or services on such list, but the prohibition in section 3(a)(1)(B) of such Act (47 U.S.C. 1602(a)(1)(B)) shall not take effect until the date that is 1 year after the Commission places such covered optical transmission equipment or services on such list.

(3) REIMBURSEMENT.—Any covered optical transmission equipment or services placed on the covered communications equipment or services list described in paragraph (2) shall not be eligible for reimbursement under the Secure and Trusted Communications Networks Reimbursement Program established under section 4 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1603) until the date that is 1 year after the Commission places such covered optical transmission equipment or services on such list.

(d) Covered optical transmission equipment or services defined.—In this section, the term “covered optical transmission equipment or services” means—

(1) optical transmission equipment, including optical fiber and cable, that is capable of routing or redirecting user data traffic or permitting visibility into any user data or packets that such equipment transmits or handles; or

(2) services that use such equipment.

SEC. 839. Supply of synthetic graphite for the Department of Defense.

The Secretary of Defense—

(1) shall deem synthetic graphite material to be a strategic and critical material for defense, industrial, and civilian needs; and

(2) to the maximum extent practicable, shall acquire synthetic graphite material in the following order of preference:

(A) First, from sources domestically owned and produced within the United States.

(B) Second, from sources located within the United States or the national technology and industrial base (as defined in section 2500 of title 10, United States Code).

SEC. 841. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries.

Section 851 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1510; 10 U.S.C. 2283 note) is amended to read as follows:

“SEC. 851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries.

“(a) Establishment.—The Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces.

“(b) Funds.—

“(1) IN GENERAL.—The funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act.

“(2) LIMITATIONS.—

“(A) FISCAL YEAR.—A covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to section 9(f) of the Small Business Act for a fiscal year.

“(B) AGGREGATE AMOUNT.—The aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000.

“(c) Partnership Intermediaries.—

“(1) AUTHORIZATION.—The Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns.

“(2) LIMITATION.—None of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program.

“(3) DATA.—With respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the—

“(A) staffing structure;

“(B) funding sources; and

“(C) methods for identifying and evaluating small business concerns eligible for a covered award.

“(d) Report.—

“(1) ANNUAL REPORT.—Not later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including—

“(A) a description of each agreement with a partnership intermediary entered into pursuant to this section;

“(B) for each covered award made under this section—

“(i) a description of the role served by the partnership intermediary;

“(ii) the amount of funds obligated;

“(iii) an identification of the small business concern that received such covered award;

“(iv) a description of the use of such covered award;

“(v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and

“(vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and

“(C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces.

“(2) FINAL REPORT.—The final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding—

“(A) whether and for how long the pilot program established under this section should be extended; and

“(B) whether to increase funding for the pilot program, including a justification for such an increase.

“(e) Termination.—The authority to carry out a pilot program under this section shall terminate on September 30, 2025.

“(f) Definitions.—In this section:

“(1) The term ‘covered award’ means an award made under the Small Business Innovation Research Program.

“(2) The term ‘covered entity’ means—

“(A) the Army;

“(B) the Navy;

“(C) the Air Force;

“(D) the Marine Corps;

“(E) the Space Force; and

“(F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program or Small Business Technology Transfer Program.

“(3) The term ‘partnership intermediary’ has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715(c)).

“(4) The term ‘small business concern’ has the meaning given the term under section 3 of the Small Business Act (15 U.S.C. 632).

“(5) The term ‘Small Business Innovation Research Program’ has the meaning given the term in section 9(e)(4) of the Small Business Act (15 U.S.C. 638(e)).

“(6) The term ‘technology-enhanced capability’ means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission.”.

SEC. 842. Designating certain SBIR and STTR programs as entrepreneurial innovation projects.

(a) Entrepreneurial Innovation Project Pilot Program.—

(1) IN GENERAL.—The Secretary of Defense and the covered Secretaries concerned shall each establish and carry out a pilot program to more effectively transition projects that have completed a Phase II SBIR or STTR award and that present the potential to meet operational needs of elements of the Department of Defense to Phase III by designating eligible programs as Entrepreneurial Innovation Projects.

(2) DESIGNATION.—Not later than one year after the date of the enactment of this section, and annually thereafter, not less than five eligible programs shall be designated as Entrepreneurial Innovation Projects by—

(A) each covered Secretary concerned, in consultation with each chief of a covered Armed Force under the jurisdiction of the Secretary concerned; and

(B) the Secretary of Defense for each covered element of the Department.

(b) Selection requirements.—

(1) FUTURE YEARS DEFENSE PROGRAM INCLUSION.—The Secretary of Defense shall include the estimated expenditures of each designated program in the first future-years defense program submitted to Congress under section 221 of title 10, United States Code, after such designated program is designated under subsection (a)(2).

(2) PPBE COMPONENT.—Each designated program shall be considered by the designating Secretary as an integral part of the planning, programing, budgeting, and execution process of the Department of Defense.

(3) PROGRAMMING PROPOSAL.—Each designated program shall be included by the designating Secretary under a separate heading in any programming proposals submitted to the congressional defense committees.

(4) DESIGNATION CRITERIA.—In making designations required under subsection (a)(2), the covered Secretary concerned or the Secretary of Defense, as applicable, shall consider—

(A) the potential of the eligible program to—

(i) advance the national security capabilities of the United States;

(ii) provide new technologies or processes, or new applications of existing technologies, that will enable new alternatives to existing programs;

(iii) provide future cost savings; and

(iv) significantly reduce the time to deliver capabilities to members of the covered Armed Forces; and

(B) any other criteria that the covered Secretary concerned or Secretary of Defense, as applicable, determines appropriate.

(5) MITIGATE CONFLICTS OF INTEREST.—The covered Secretary concerned or the Secretary of Defense, as applicable, shall establish procedures for the designation of Entrepreneurial Innovation Projects which will mitigate, to the greatest extent practicable, organizational conflicts of interests, including those from within Governmental organizations or programs that could view the designation and successful completion of an Entrepreneurial Innovation Project as a competing alternative to an existing or proposed program or other activity.

(6) APPLICATION.—The Secretary of Defense and each covered Secretary concerned shall establish an application process for eligible programs seeking designation as Entrepreneurial Innovation Projects.

(c) Revocation of designation.—If the designating Secretary determines that a designated program no longer meets the criteria in subsection (b)(4) or that the technology has become irrelevant, the designating Secretary may revoke the Entrepreneurial Innovation Project designation for such designated program.

(d) Reports to congress.—

(1) ANNUAL REPORT.—The Secretary of Defense shall submit to congressional defense committees, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives, concurrently with the President’s annual budget request, an annual report that includes for each designated program—

(A) a description of the designated program;

(B) a summary of the potential of the designated program as considered under subsection (b)(4)(A);

(D) the progress made towards delivering on the potential of the designated program; and

(E) such other information that the Secretary determines appropriate to inform the congressional defense committees about the status of the pilot programs established under this section.

(2) FINAL REPORT.—In the last report submitted under paragraph (1) prior to December 31, 2027, the Secretary of Defense shall include a recommendation on whether to extend the pilot programs established under this section and the appropriate duration of such extension, if any.

(e) Effective date.—This section shall take effect on January 1, 2022.

(f) Termination date.—The pilot programs established under this section shall terminate on December 31, 2027.

(g) Definitions.—In this section:

(1) COVERED ARMED FORCES.—The term “covered Armed Forces” means—

(A) the Army;

(B) the Navy;

(D) the Marine Corps; and

(E) the Space Force.

(2) COVERED ELEMENT OF THE DEPARTMENT.—The term “covered element of the Department” means any element of the Department of Defense, other than an element referred to in paragraph (3), that is associated with the Small Business Innovation Research or Small Business Technology Transfer programs.

(3) COVERED SECRETARY CONCERNED.—The term “covered Secretary concerned” means—

(A) the Secretary of the Army, with respect to matters concerning the Department of the Army;

(B) the Secretary of the Navy, with respect to matters concerning the Department of the Navy (other than matters concerning the Coast Guard); and

(4) ELIGIBLE PROGRAM.—The term “eligible program” means a project that has completed a Phase II SBIR or STTR award.

(5) DESIGNATED PROGRAM.—The term “designated program” means an eligible program that has been designated as an Entrepreneurial Innovation Project under this section and for which such designation has not been revoked under subsection (c).

(6) DESIGNATING SECRETARY.—The term “designating Secretary” means—

(A) with respect to a designated program designated as an Entrepreneurial Innovation Project under this section by a covered Secretary concerned, such covered Secretary concerned; and

(B) with respect to all other designated programs, the Secretary of Defense.

(7) PHASE II; PHASE III; SBIR; STTR.—The terms “Phase II”, “Phase III”, “SBIR”, and “STTR” have the meanings given such terms in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).

SEC. 843. Modifications to printed circuit board acquisition restrictions.

(a) In general.—Section 2533d of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking “January 1, 2023” and inserting “the date determined under paragraph (3)”; and

(B) by adding at the end the following new paragraph:

“(3) Paragraph (1) shall take effect on January 1, 2027.”;

(2) in subsection (c)—

(A) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by inserting “specified type of” after “means any”;

(ii) in subparagraph (A), by striking “(as such terms are defined under sections 103 and 103a of title 41, respectively)”; and

(iii) by amending subparagraph (B) to read as follows:

“(B) is a component of—

“(i) a defense security system; or

“(ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired.”; and

(B) by adding at the end the following new paragraphs:

“(3) COMMERCIAL PRODUCT; COMMERCIAL SERVICE; COMMERCIALLY AVAILABLE OFF-THE SHELF ITEM.—The terms ‘commercial product’, ‘commercial service’, and ‘commercially available off-the-shelf item’ have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively.

“(4) DEFENSE SECURITY SYSTEM.—

“(A) The term ‘defense security system’ means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which—

“(i) involves command and control of an armed force;

“(ii) involves equipment that is an integral part of a weapon or weapon system; or

“(iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions.

“(B) Subparagraph (A)(iii) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).

“(5) SPECIFIED TYPE.—The term ‘specified type’ means a printed circuit board that is—

“(A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network, and

“(B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2).”; and

(3) by amending subsection (d) to read as follows:

“(d) Rulemaking.—

“(1) The Secretary may issue rules providing that subsection (a) may not apply with respect to an acquisition of commercial products, commercial services, and commercially available off-the-shelf items if—

“(A) the contractor is capable of meeting minimum requirements that the Secretary deems necessary to provide for the security of national security networks and weapon systems, including, at a minimum, compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2302 note); and

“(B) either—

“(i) the Government and the contractor have agreed to a contract requiring the contractor to take certain actions to ensure the integrity and security of the item, including protecting the item from unauthorized access, use, disclosure, disruption, modification, or destruction; or

“(ii) the Secretary has determined that the contractor has adopted such procedures, tools, and methods for identifying the sources of components of such item, based on commercial best practices, that meet or exceed the applicable trusted supply chain and operational security standards of the Department of Defense.

“(2) The Secretary may issue rules specifying end items, goods, and products for which a printed circuit board that is a component thereof shall be a ‘specified type’ if the Secretary has promulgated final regulations, after an opportunity for notice and comment that is not less than 12 months, implementing this section.

“(3) In carrying out this section, the Secretary shall, to the maximum extent practicable, avoid imposing contractual certification requirements with respect to the acquisition of commercial products, commercial services, or commercially available off-the-shelf items.”.

(b) Modification of independent assessment of printed circuit boards.—Section 841(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) in paragraph (1)—

(A) by striking “the date of enactment of this Act” and inserting “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022”;

(B) by striking “shall seek to enter” and inserting “shall enter”;

(C) by striking “to include printed circuit boards in commercial products or services, or in” and inserting “to printed circuit boards in other commercial or”; and

(D) ) by striking “the scope of mission critical” and all that follows through the period at the end and inserting “types of systems other than defense security systems (as defined in section 2533d(c) of title 10, United States Code) that should be subject to the prohibition in section 2533d(a) of title 10, United States Code.”;

(2) in the heading for paragraph (2), by striking “department of defense” and inserting “Department of Defense”;

(3) in paragraph (2), by striking “one year after entering into the contract described in paragraph (1)” and inserting “January 1, 2023”;

(4) in the heading for paragraph (3), by striking “congress” and inserting “Congress”; and

(5) in paragraph (3), by inserting after “the recommendations of the report.” the following: “The Secretary shall use the report to determine whether any systems (other than defense security systems (as defined in section 2533d(c) of title 10, United States Code)) or other types of printed circuit boards should be subject to the prohibition in section 2533d(a) of title 10, United States Code.”.

SEC. 844. Defense industrial base coalition for career development.

(a) In general.—The Under Secretary of Defense for Acquisition and Sustainment shall establish and manage a coalition among covered institutions of higher education, career and technical education programs, workforce development boards, labor organizations, and organizations representing defense industrial base contractors to focus on career pathways for individuals seeking careers in manufacturing. The goals of the coalition shall be—

(1) to highlight the importance of expertise in manufacturing careers;

(2) to share experiences of successful partnerships between such organizations and covered institutions of higher education to create opportunities for individuals attending such institutions to be hired by defense industrial base contractors; and

(3) to encourage opportunities for donating used equipment of defense industrial base contractors to covered institutions of higher education for use in training such individuals.

(b) Report.—Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the coalition established under subsection (a), shall submit to the congressional defense committees a report including—

(1) the results of any cooperative work-education program established by defense laboratories pursuant to section 2195 of title 10, United States Code;

(2) an assessment of whether such programs could be expanded to include individuals attending secondary schools and career and technical education programs to create opportunities for such individuals to be hired by defense industrial base contractors; and

(3) recommendations for whether incentive contracts are needed to encourage defense industrial base contractors to provide career pathways for individuals seeking careers in manufacturing.

(1) COVERED INSTITUTION OF HIGHER EDUCATION.—The term “covered institution of higher education” means—

(A) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and

(B) a postsecondary vocational institution, as defined in section 102(c) of such Act (20 U.S.C. 1002(c)).

(2) DEFENSE INDUSTRIAL BASE CONTRACTOR.—The term “defense industrial base contractor” means a prime contractor or subcontractor (at any tier) in the defense industrial base.

(3) LABOR ORGANIZATION.—The term “labor organization” has the meaning given such term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)).

(4) SECONDARY SCHOOL.—The term “secondary school” has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(5) CAREER AND TECHNICAL EDUCATION.—The term “career and technical education” has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).

(6) WORKFORCE DEVELOPMENT BOARD.—The term “workforce development board” means a State board or a local board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

SEC. 845. Additional testing of commercial e-commerce portal models.

Section 846(c) of the National Defense Authorization Act for Fiscal Year 2018 (41 U.S.C. 1901 note) is amended by adding at the end the following new paragraphs:

“(5) ADDITIONAL TESTING.—Not later than 90 days after the date of the enactment of this paragraph, the Administrator shall—

“(A) begin testing commercial e-commerce portal models other than any commercial e-commerce portal identified in the recommendations issued under paragraph (3); and

“(B) shall submit to the congressional defense committees a report that includes—

“(i) a summary of the assessments conducted under subsection (c)(2) with respect to a commercial e-commerce portal provider identified in the recommendations issued under subsection (c)(3);

“(ii) a list of the types of commercial products procured from such provider;

“(iii) the amount spent by the head of a department or agency under the program, disaggregated by type of commercial product and commercial e-commerce portal provider;

“(iv) a update on the commercial e-commerce portal models being tested and a timeline for completion of such testing.

“(6) REPORT.—Upon completion of testing conducted under paragraph (5) and before taking any action with respect to the commercial e-commerce portal models tested, the Administrator of General Services shall submit to the congressional defense committees a report on the results of such testing that includes—

“(A) an assessment and comparison of commercial e-commerce portal providers with respect to—

“(i) price and quality of the commercial product supplied by each commercial e-commerce portal model;

“(ii) supplier reliability and service;

“(iii) safeguards for the security of Government information and third-party supplier proprietary information;

“(iv) protections against counterfeit commercial products;

“(v) supply chain risks, particularly with respect to complex commercial products; and

“(vi) overall adherence to Federal procurement rules and policies; and

“(B) an analysis of the costs and benefits of the convenience to the Federal Government of procuring commercial products from each commercial e-commerce portal providers.”.

SEC. 846. Support for industry participation in global standards organizations.

(a) Definition.—In this section:

(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Small Business Administration.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the following:

(A) The Committee on Science, Space, and Technology of the House of Representatives.

(B) The Committee on Commerce, Science, and Transportation of the Senate.

(D) The Committee on Energy and Natural Resources of the Senate.

(E) The Committee on Small Business of the House of Representatives.

(F) The Committee on Small Business and Entrepreneurship of the Senate.

(3) ARTIFICIAL INTELLIGENCE.—The term “artificial intelligence” has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note).

(4) COVERED ENTITY.—The term “covered entity” means a small business concern that is incorporated and maintains a primary place of business in the United States.

(5) SMALL BUSINESS CONCERN.—The term “small business concern” has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

(b) Establishment.—Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to support participation by covered entities in meetings and proceedings of standards development organizations in the development of voluntary technical standards.

(c) Activities.—In carrying out the program established under subsection (a), the Administrator shall award competitive, merit-reviewed grants to covered entities to cover the reasonable costs, up to a specified ceiling, of participation of employees of those covered entities in meetings and proceedings of standards development organizations, including—

(1) regularly attending meetings;

(2) contributing expertise and research;

(3) proposing new work items; and

(4) volunteering for leadership roles such as a convener or editor.

(d) Award criteria.—The Administrator may only provide a grant under this section to a covered entity that—

(1) demonstrates deep technical expertise in key emerging technologies and technical standards, including artificial intelligence and related technologies (such as distributed ledger or cryptographic technologies);

(2) commits personnel with such expertise to regular participation in global bodies responsible for developing standards for such technologies over the period of the grant;

(3) agrees to participate in efforts to coordinate between the Federal Government and industry to ensure protection of national security interests in the setting of global standards so long as such standards are not dictated by the Federal Government; and

(4) provides a plan to the Administrator that details the relationship between the activities described in paragraphs (1), (2), and (3) and the proposed standards to be adopted.

(e) No matching contribution.—A recipient of an award under this section shall not be required to provide a matching contribution.

(f) Evaluation.—

(1) IN GENERAL.—In making awards under this section, the Administrator shall coordinate with the Director of the National Institute of Standards and Technology, who shall provide support in the assessment of technical expertise in emerging technologies and standards setting needs.

(2) PANEL RANKING.—In carrying out the requirements under paragraph (1), the Administrator and the Director shall jointly establish a panel of experts to rank the proposed standards, based on merit and relevance, to be composed of experts from—

(A) private industry;

(B) non-profit institutions;

(D) academia; and

(E) the Federal Government.

(g) Report.—Not less than annually, the Administrator shall submit to the appropriate congressional committees a report on—

(1) the efficacy of the program;

(2) an explanation of any standard adopted as a result of the program;

(3) any challenges faced in carrying out the program; and

(4) proposed solutions to the challenges identified in paragraph (3).

SEC. 847. Pilot program on defense innovation open topics.

(a) Establishment.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Research and Engineering, the Secretary of the Air Force, Secretary of the Army, and Secretary of the Navy, shall establish defense innovation open topic activities using the Small Business Innovation Research Program in order to—

(1) increase the transition of commercial technology to the Department of Defense;

(2) expand the small business nontraditional defense industrial base;

(3) increase commercialization derived from defense investments;

(4) increase diversity and participation among self-certified small-disadvantaged businesses, minority-owned businesses, and disabled veteran-owned businesses; and

(5) expand the ability for qualifying small businesses to propose technology solutions to meet defense needs.

(b) Frequency.—The Department of Defense and Military Services shall conduct not less than one open topic announcement per fiscal year.

(c) Briefing.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the establishment of the program required by subsection (a).

(d) Termination.—The pilot program authorized in subsection (a) shall terminate on October 1, 2025.

SEC. 848. Report on Cybersecurity Maturity Model Certification effects on small business.

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Committee on Armed Services of the House of Representatives and the Committee on Small Business of the House of Representatives a report on the effects of the Cybersecurity Maturity Model Certification framework of the Department of Defense on small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632), including—

(1) the estimated costs of complying with each level of the framework;

(2) any decrease in the number of small business concerns that are part of the defense industrial base resulting from the implementation and use of the framework; and

(3) an explanation of how the Department of Defense will mitigate the negative effects to small business concerns that are part of the defense industrial base resulting from the implementation and use of the framework.

SEC. 851. Mission management pilot program.

(a) In general.—Subject to the availability of appropriations, the Secretary of Defense shall establish within the Strategic Capabilities Office of the Department of Defense a pilot program to identify lessons learned and improved mission outcomes achieved by quickly delivering solutions that fulfill critical operational needs arising from cross-service missions undertaken by combatant commands through the use of a coordinated and iterative approach to develop, evaluate, and transition such solutions.

(b) Missions selection.—

(1) IN GENERAL.—Except as provided in paragraph (3), the Deputy Secretary of Defense shall select missions with respect to which to carry out the pilot program.

(2) SELECTION CRITERIA.—When selecting missions under paragraph (1), the Deputy Secretary of Defense shall—

(A) select missions with critical cross-service operational needs; and

(B) consider—

(i) the strategic importance of the critical cross-service operational needs to the operational plans of the relevant combatant commands; and

(ii) the advice of the Cross-Functional Teams of the Strategic Capabilities Office regarding mission selection.

(3) INITIAL MISSION.—

(A) IN GENERAL.—Not later than four months after the date of the enactment of this section, the Director of the Strategic Capabilities Office shall select a mission under the pilot program that has critical cross-service operational needs and which is of strategic importance to the operational plans of the United States Indo-Pacific Command.

(B) MISSION SELECTION APPROVAL.—The mission selected by the Director of the Strategic Capabilities Office under subparagraph (A) shall be subject to the approval of the Deputy Secretary of Defense.

(1) IN GENERAL.—A mission manager shall carry out the pilot program with respect to each mission.

(2) RESPONSIBILITIES.—With respect to each mission, the relevant mission manager shall—

(A) identify critical cross-service operational needs by enumerating the options available to the combatant command responsible for carrying out such mission and determining the resiliency of such options to threats from adversaries;

(B) in coordination with the military services and appropriate Defense Agencies and Field Activities, develop and deliver solutions, including software and information technology solutions and other functionalities unaligned with any one weapon system of a covered Armed Service, to—

(i) fulfill critical cross-service operational needs; and

(ii) address future changes to existing critical cross-service operational needs by providing additional capabilities;

(C) work with the combatant command responsible for such mission and the related planning organizers, service program managers, and defense research and development activities to carry out iterative testing and support to initial operational fielding of the solutions described in subparagraph (B);

(D) conduct research, development, test, evaluation, and transition support activities with respect to the delivery of the solutions described in subparagraph (B);

(E) seek to integrate existing, emerging, and new capabilities available to the Department of Defense in the development of the solutions described in subparagraph (B); and

(F) provide to the Deputy Secretary of Defense mission management activity updates and reporting on the use of funds under the pilot program with respect to such mission.

(3) DIRECTOR OF THE STRATEGIC CAPABILITIES OFFICE.—The Director of the Strategic Capabilities Office shall be the mission manager for each mission selected under subsection (b).

(4) ITERATIVE APPROACH.—The mission manager shall, to the extent practicable, carry out the pilot program with respect to each mission selected under subsection (b) by integrating existing, emerging, and new military capabilities, and managing a portfolio of small, iterative development and support to initial operational fielding efforts.

(5) OTHER PROGRAM MANAGEMENT RESPONSIBILITIES.—The activities undertaken by the mission manager with respect to a mission, including mission management, do not supersede or replace the program management responsibilities of any other individual that are related to such missions.

(d) Data collection requirement.—The Deputy Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of—

(1) developing and sharing best practices for applying emerging technology and supporting new operational concepts to improve outcomes on key military missions and operational challenges; and

(2) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues.

(e) Assessments.—During the five-year period beginning on the date of the enactment of this Act, the Deputy Secretary of Defense shall regularly assess—

(1) the authorities required by the missions manager to effectively and efficiently carry out the pilot program with respect to the missions selected under subsection (b); and

(2) whether the mission manager has access to sufficient funding to carry out the research, development, test, evaluation, and support to initial operational fielding activities required to deliver solutions fulfilling the critical cross-service operational needs of the missions.

(f) Briefings.—

(1) SEMIANNUAL BRIEFING.—

(A) IN GENERAL.—Not later than July 1, 2022, and every six months thereafter until the date that is five years after the date of the enactment of this Act, the mission manager shall provide to the congressional defense committees a briefing on the progress of the pilot program with respect to each mission selected under subsection (b), the anticipated mission outcomes, and the funds used to carry out the pilot program with respect to such mission.

(B) INITIAL BRIEFING.—The Deputy Secretary of Defense shall include in the first briefing submitted under subparagraph (A) a briefing on the implementation of the pilot program, including—

(i) the actions taken to implement the pilot program;

(ii) an assessment of the pilot program;

(iii) requests for Congress to provide authorities required to successfully carry out the pilot program; and

(iv) a description of the data plan required under subsection (d).

(2) ANNUAL BRIEFING.—Not later than one year after the date on which the pilot program is established, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a briefing on the pilot program, including—

(A) the data collected and analysis performed under subsection (d);

(B) lessons learned;

(D) such other information as the Deputy Secretary determines appropriate.

(3) RECOMMENDATION.—Not later than two years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to Congress a briefing on the recommendations of the Deputy Secretary with respect to the pilot program and shall concurrently submit to Congress—

(A) a written assessment of the pilot program;

(B) a written recommendation on continuing or expanding the mission integration pilot program;

(D) the data collected and analysis performed under subsection (d).

(g) Transition.—Beginning in fiscal year 2025, the Deputy Secretary of Defense may transition responsibilities for research, development, test, evaluation, and support to initial operational fielding activities started under the pilot program to other elements of the Department for purposes of delivering solutions fulfilling critical cross-service operational needs.

(h) Termination date.—The pilot program shall terminate on the date that is 5 years after the date of the enactment of this Act.

(i) Rule of construction.—Nothing in this section shall be construed as providing any authority not otherwise provided by law to procure, or enter agreements to procure, any goods, materials, or services.

(j) Definitions.—In this section:

(1) COVERED ARMED FORCE.—The term “covered Armed Force” means—

(A) the Army;

(B) the Navy;

(D) the Marine Corps; or

(E) the Space Force.

(2) CROSS-FUNCTIONAL TEAMS OF THE STRATEGIC CAPABILITIES OFFICE.—The term “Cross-Functional Teams of the Strategic Capabilities Office” means the teams established in the Strategic Capabilities Office of the Department of Defense pursuant to section 233(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1277; 10 U.S.C. 132 note).

(3) CROSS-SERVICE.—The term “cross-service” means pertaining to multiple covered Armed Forces.

(4) CROSS-SERVICE OPERATIONAL NEED.—The term “cross-service operational need” means an operational need arising from a mission undertaken by a combatant command which involves multiple covered Armed Forces.

(5) DEFENSE AGENCY; MILITARY DEPARTMENT.—The terms “Defense Agency” and “military department” have the meanings given such terms in section 101(a) of title 10, United States Code.

(6) FIELD ACTIVITY.—The term “Field Activity” has the meaning given the term “Department of Defense Field Activity” in section 101(a) of title 10, United States Code.

(7) MISSION MANAGEMENT.—The term “mission management” means the integration of materiel, digital, and operational elements to improve defensive and offensive options and outcomes for a specific mission or operational challenge.

(8) PILOT PROGRAM.—The term “pilot program” means the pilot program established under subsection (a).

SEC. 852. Pilot program to determine the cost competitiveness of drop-in fuels.

(a) Establishment.—The Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense (Comptroller), shall establish a pilot program to determine the cost competitiveness of the fully burdened cost of drop-in fuels compared with the fully burdened cost of traditional fuels using a scenario-based strategic sourcing tool as described in subsection (b).

(b) Use of scenario-based strategic sourcing tool.—The Under Secretary of Defense (Comptroller), in coordination with the Director of Defense Logistics Agency, shall identify an aviation fuel program and use a commercially available scenario-based strategic sourcing tool to—

(1) analyze performance risks and benefits of drop-in fuels compared to traditional fuels;

(2) determine cost-competitiveness of drop-in fuels compared to traditional fuels;

(3) improve supplier performance of contracts to procure aviation fuel; and

(4) minimize risk, increase transparency, and manage unforeseen circumstances for the Department of Defense.

(c) Documentation.—The Under Secretary of Defense (Comptroller) shall use the scenario-based strategic sourcing tool described in subsection (b) to maintain documentation of the costs of each such contract in order to develop better price estimates and procurement strategies for acquiring aviation fuel.

(d) Report.—Not later than September 30, 2022, and annually thereafter until the termination date described in subsection (f), the Secretary of Defense shall submit a report to the congressional defense committees on the status and impact of the pilot program established under this section.

(e) Definitions.—In this section:

(1) The terms “drop-in fuel”, “fully burdened cost”, and “traditional fuel” have the meanings given, respectively, in section 2922h of title 10, United States Code.

(2) The term “scenario-based strategic sourcing” means a method for testing the supply chain effects using automated software to model various scenarios relating to—

(A) contract management;

(B) spend analysis;

(D) sourcing; and

(E) external market variables.

(f) Termination.—The pilot program established under this section shall terminate on September 30, 2027.

SEC. 853. Assuring integrity of overseas fuel supplies.

(a) In general.—Before awarding a contract to an offeror for the supply of fuel for any overseas contingency operation, the Secretary of Defense shall—

(1) ensure, to the maximum extent practicable, that no otherwise responsible offeror is disqualified for such award on the basis of an unsupported denial of access to a facility or equipment by the host nation government; and

(2) require assurances that the offeror will comply with the requirements of subsections (b) and (c).

(b) Requirement.—An offeror for the supply of fuel for any overseas contingency operation shall—

(1) certify that the provided fuel, in whole or in part, or derivatives of such fuel, is not sourced from a nation or region prohibited from selling petroleum to the United States; and

(2) furnish such records as are necessary to verify compliance with such anti-corruption statutes and regulations as the Secretary determines necessary, including—

(A) the Foreign Corrupt Practices Act (15 U.S.C. 78dd–1 et seq.);

(B) the regulations contained in parts 120 through 130 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the “International Traffic in Arms Regulations”);

(C) the regulations contained in parts 730 through 774 of title 15, Code of Federal Regulations, or successor regulations (commonly known as the “Export Administration Regulations”); and

(D) such regulations as may be promulgated by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Report required.—Not more than 180 days after the award of a contract for the supply of fuel for any overseas contingency operation that is greater than $50,000,000, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report including—

(1) an assessment of the price per gallon for such fuel, along with an assessment of the price per gallon for fuel paid by other entities in the same nation or region of the nation; and

(2) an assessment of the ability of the contractor awarded such contract to comply with sanctions on Iran and monitor for violations of those sanctions.

(d) Applicability.—Subsections (a), (b), and (c) of this section shall apply with respect to contracts entered into on or after the date of the enactment of this Act.

(e) Avoidance of Use of Lowest Price Technically Acceptable Source Selection Criteria for fuel procurement and fuel-related services.—Section 813(c)(3) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2305 note) is amended by inserting “, including fuel procurement and fuel-related services,” after “logistics services,”.

SEC. 854. Cadre of software development and acquisition experts.

(a) Cadre of software development and acquisition experts.—

(1) Not later than January 1, 2022, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in development and acquisition of software. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to developing and acquiring software by providing expert advice, assistance, and resources to the acquisition workforce in support of the policies established in accordance with Department of Defense Instruction 5000.02, Operation of the Adaptive Acquisition Framework, dated January 23, 2020.

(2) The Under Secretary shall establish an appropriate leadership structure and office within which the cadre shall be managed, and shall determine the appropriate official to whom members of the cadre shall report.

(3) The cadre of experts shall be assigned to a program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or program executive officer on matters pertaining to software at various stages of the life cycle of a system, including but not limited to integration, testing, production, certification, deployment of capabilities to the operational environment, and maintenance. In performing such duties, the experts shall—

(A) Advise and assist in integration of modern software development practices such as agile software development; development, security, and operations (DevSecOps); and lean practices.

(B) Advise and assist in leveraging industry best practices for software development, deployment, upgrades, and sustainment to include contracting for software as a service, subscription models, use of prime contractors to assist in integration, and other methods for acquiring or accessing capability.

(C) In conjunction with the Cadre of Intellectual Property Experts established pursuant to section 2322 of this title, develop a strategy and licensing framework to enable government procurement of commercial software, to include:

(i) in accordance with section 2377 of this title, a preference for the acquisition of commercial software under the license customarily provided to the public, except as specified in paragraphs (ii) and (iii);

(ii) identification of terms or conditions that may be inconsistent with federal procurement law;

(iii) identification of operational user needs that may necessitate the negotiation of customized licenses to ensure authorized use in unique operational environments; and

(iv) methods and procedures for use of stand-alone software licensing in cases where other contract vehicles are inappropriate or unavailable.

(D) Establish and lead cross-functional government-industry teams that include operational users, data and system architects, experts in artificial intelligence, developmental and operational testers, software developers, and cybersecurity experts to deliver software rapidly and iteratively to meet the highest priority user needs.

(E) Advise and assist in the development of requirements, acquisition strategy, product support strategy, and intellectual property strategy for a system.

(F) Advise and assist in planning and budgeting for agile software development and deployment, and the sustainment of software over the life-cycle of the program, to include consideration of the shifting landscape of continual cyber threat and evolving cyber requirements.

(G) Conduct or assist with financial analysis, cost estimation, and valuation of software, to include agile software development, to include valuation of embedded software as a standalone product or as part of modular open system approach.

(H) Assist in the drafting of a solicitation, contract, or other transaction agreement.

(I) Interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards.

(J) Foster culture change necessary to enable the Department of Defense to embrace and leverage modern software practices by:

(i) recommending policies to ensure program managers are empowered to set and maintain the integrity of agile develop process and priorities; and

(ii) educating key stakeholders in considerations regarding the integration and incorporation of agile software development practices with systems acquired under the major capability acquisition pathway.

(4) (A) In order to achieve the purpose set forth in paragraph (1), the Under Secretary shall ensure the cadre has the appropriate number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties under paragraph (2), including in relevant areas of law, commercial software licensing, contracting, acquisition, logistics, engineering, financial analysis, cost estimation, and valuation. The Under Secretary, in coordination with the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing authorities to staff the cadre, including those in subparagraphs (B), (C), (D), and (F).

(B) Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre, upon request of the Director.

(C) The Under Secretary may use the authorities for highly qualified experts under section 9903 of title 5, to hire experts as members of the cadre who are skilled professionals in software development and acquisition, commercial software licensing, and related matters.

(D) The Under Secretary may enter into a contract with a private-sector entity for specialized expertise to support the cadre. Such entity may be considered a covered Government support contractor, as defined in section 2320 of this title.

(E) In establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense, rather than members of the armed forces, to maintain continuity in the cadre.

(F) The Under Secretary is authorized to use amounts in the Defense Acquisition Workforce Development Fund for the purpose of recruitment, training, and retention of the cadre, including paying salaries of newly hired members of the cadre for up to three years.

(G) In implementing this section, the Under Secretary shall ensure compliance with applicable total force management policies, requirements, and restrictions provided in sections 129a, 2329, and 2461 of title 10, United States Code.

(H) The Under Secretary shall ensure that any contractor employee providing services in support of, or participation in, the cadre established under this section and is considered a Special Government Employee as defined by section 202 of title 18, United States Code, is required to file a confidential financial disclosure in accordance with the Ethics in Government Act of 1978.

SEC. 855. Acquisition practices and policies assessment.

(a) In general.—The Department of Defense Climate Working Group established pursuant to Executive Order 14008 (86 Fed. Reg. 7619, related to tackling the climate crisis), in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, shall assess and develop recommendations for implementing, in regulations, the acquisition practices and policies described in subsection (b) with respect to acquisitions by the Department of Defense.

(b) Acquisition practices and policies.—The practices and policies described in this subsection are—

(1) acquisition planning practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including—

(A) weighing the cost savings and resource and energy preservation of environmentally preferable goods or services against the speed and uniformity of traditional goods or services when identifying requirements or drafting the statement of work;

(B) designing the technical specifications that set product performance levels to diminish greenhouse gas emissions;

(C) restricting the statement of work or specifications to only environmentally preferable goods or services where the quality, availability, and price comparable to traditional goods or services;

(D) engaging in public-private partnerships with private sector and nonprofit institutions to design, build, and fund resilient, low-carbon infrastructure;

(E) collaborating with local jurisdictions surrounding military installations, with a focus on military installations located in States with established policies, guidance, and processes for procuring goods and services in a manner that minimizes environmental and social costs; and

(F) designing the technical specifications for assessment and mitigation of risk to supply chains from extreme weather and changes in environmental conditions;

(2) source selection practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including—

(A) considering any resilience, low-carbon, or low-toxicity criteria as competition factors on the basis of which the award is made in addition to cost, past performance, and quality factors;

(B) using accepted standards, emissions data, certifications, and labels to verify the environmental impact of a good or service and enhance procurement efficiency;

(C) training acquisition professionals to evaluate the credibility of certifications and labels purporting to convey information about the environmental impact of a good or service; and

(D) considering all the costs of a good or service that will be incurred throughout its lifetime by calculating and measuring operating costs, maintenance, end of life costs, and residual value, including costs resulting from the carbon and other greenhouse gas emissions associated with the good or service; and

(3) consideration of the external economic, environmental, and social effects arising over the entire life cycle of an acquisition when making acquisition planning and source selection decisions.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the chair of the Department of Defense Climate Working Group shall submit to the congressional defense committees a report on the assessment conducted under subsection (a), which shall include the recommendations developed under such subsection.

(d) Definitions.—In this section:

(1) ENVIRONMENTALLY PREFERABLE.—The term “environmentally preferable”, with respect to a good or service, means that the good or service has a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the good or service.

(2) RESOURCE-EFFICIENT GOODS AND SERVICES.—The term “resource-efficient goods and services” means goods and services—

(A) that use fewer resources than competing goods and services to serve the same purposes or achieve the same or substantially similar result as such competing goods and services; and

(B) for which the negative environmental impacts across the full life cycle of such goods and services are minimized.

SEC. 856. Report on improvements to procurement technical assistance programs.

Not later than March 1, 2022, the Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the status of the implementation of the following three recommendations set forth in the report of the Government Accountability Office titled “Procurement Technical Assistance Program: Opportunities Exist for DOD to Enhance Training and Collaboration” (GAO–21–287), dated March 31, 2021, to improve procurement technical assistance programs established under chapter 142 of title 10, United States Code:

(1) The Under Secretary of Defense for Acquisition and Sustainment should require procurement technical assistance centers to use the template developed by the Defense Logistics Agency to help track fulfillment of training requirements.

(2) The Under Secretary of Defense for Acquisition and Sustainment should reach an agreement with the Association of procurement technical assistance centers to provide the Defense Logistics Agency with the aggregate results of proficiency tests administered to measure the effectiveness of procurement technical assistance centers counselor training.

(3) The Under Secretary of Defense for Acquisition and Sustainment should work with Administrator of the Small Business Administration to formalize a collaborative agreement for procurement technical assistance centers and small business development centers (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) in relation to providing client services on government contracting.

SEC. 857. Report on commercial item determinations.

(a) In general.—Not later than 180 days after enactment of this Act, the Undersecretary for Acquisitions and Sustainment shall submit to the congressional defense committees a report on commercial item determinations containing the following:

(1) An accounting of the training available for the acquisition workforce related to commercial item determinations and price reasonableness determinations under Federal Acquisition Regulations Part 12, including a description of the training, duration, periodicity, whether the training is optional or mandatory, and the date on which the training materials were last substantially revised.

(2) An assessment of the currency of the acquisition workforce in the training described in paragraph (2).

(b) Publication.—The Undersecretary for Acquisitions and Sustainment shall publish on an appropriate publicly available website of the Department of Defense the report required by subsection (a).

SEC. 858. Pilot program to transition digitally secured manufacturing technologies.

(a) Program required.—The Under Secretary of Defense for Research and Engineering shall carry out a pilot program to ensure the transition of digitally secured manufacturing technologies developed by a manufacturing innovation institute that is funded by the Department of Defense to covered defense contractors to promote the development of digitally secured manufacturing technologies to—

(1) enhance and secure the supply chain for such digitally secured manufacturing technologies for use in weapon systems; and

(2) ensure increased quality and decreased costs of such digitally secured manufacturing technologies.

(b) Partnership.—Under the pilot program, the Under Secretary shall reimburse related costs to covered defense contractors to facilitate the transition of digitally secured manufacturing technologies from such manufacturing innovation institutes to such covered defense contractors.

(c) Annual report.—Not later than 90 days after the last day of each fiscal year during which the pilot program is operational, the Under Secretary of Defense for Research and Engineering shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on participation in and the impact of the pilot program.

(d) Definitions.—In this section:

(1) The term “covered defense contractor” means a contractor in the defense industrial base that—

(A) manufactures and delivers aircraft, ships, vehicles, weaponry, or electronic systems; or

(B) provides services, such as logistics or engineering support, to the Department of Defense.

(2) The term “digitally secured manufacturing technology” means an existing or experimental manufacturing technology determined by the Under Secretary of Defense for Research and Engineering to meet the needs of the Department of Defense.

(e) Termination.—The pilot program established under this section shall terminate 3 years after the date of the enactment of this Act.

(f) Increase.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Manufacturing Technology Program, line 051 is hereby increased by $3,000,000.

(g) Offset.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for Office of the Secretary of Defense, line 540 is hereby reduced by $3,000,000.

SEC. 859. Briefing on expanded small unmanned aircraft systems capability.

The Secretary of Defense shall, not later than January 30, 2022, provide a briefing to the Committee on Armed Services of the House of Representatives on the evaluation of commercially available small unmanned aircraft systems (hereinafter referred to as “sUAS”) with capabilities that align with the Department’s priorities, including—

(1) the timing of the release of the updated list titled “Blue sUAS 2.0” of the Defense Innovation Unit that contains available fixed wing and multirotor commercial small unmanned aircraft systems compliant with section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92); and

(2) the advisability and feasibility of adding end-to-end sUAS solutions to such list, including the sUAS, supporting field management software, technical support, and training, all provided as an integrated collection and analysis capability.

SEC. 860. Waiver authorization streamlining.

Section 8(a)(21) of the Small Business Act (15 U.S.C. 637(a)(21)) is amended—

(1) in subparagraph (A), by striking “subparagraph (B)” and inserting “subparagraphs (B) and (F)”;

(2) in subparagraph (B)—

(A) by striking clause (iii); and

(B) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively;

(3) by moving subparagraph (C) two ems to the left; and

(4) by adding at the end the following new subparagraph:

“(F) In the event either a contract awarded pursuant to this subsection or ownership and control of a concern performing a contact awarded pursuant to this subsection will pass to another small business concern, the requirements of subparagraph (A) shall not apply if—

“(i) the acquiring small business concern is a program participant; and

“(ii) upon a request submitted prior to the passage of the contract or the actual relinquishment of ownership and control, as applicable, the Administrator (or the delegee of the Administrator) determines that the acquiring small business concern would otherwise be eligible to directly receive the award pursuant to this subsection.”.

SEC. 861. Modifications to Governmentwide goals for small business concerns.

Section 15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended—

(1) in clause (i), by striking “23 percent” and inserting “25 percent”;

(2) in clause (ii), by striking “3 percent” and inserting “4 percent”;

(3) in clause (iii), by striking “3 percent” and inserting “4 percent”;

(4) in clause (iv), by striking “at not less than” and all that follows and inserting the following: at not less than—

“(I) 11 percent of the total value of all prime contract and subcontract awards for fiscal year 2022;

“(II) 12 percent of the total value of all prime contract and subcontract awards for fiscal year 2023;

“(III) 13 percent of the total value of all prime contract and subcontract awards for fiscal year 2024; and

“(IV) 15 percent of the total value of all prime contract and subcontract awards for fiscal year 2025 and each fiscal year thereafter.”; and

(5) in clause (v), by striking “at not less than” and all that follows and inserting the following: at not less than—

“(I) 6 percent of the total value of all prime contract and subcontract awards for each of fiscal years 2022 and 2023; and

“(II) 7 percent of the total value of all prime contract and subcontract awards for fiscal year 2024 and each fiscal year thereafter.”.

SEC. 862. Duties of small business development center counselors.

Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:

“(o) Cyber strategy training for small business development centers.—

“(1) DEFINITIONS.—In this subsection—

“(A) the term ‘cyber strategy’ means resources and tactics to assist in planning for cybersecurity and defending against cyber risks and cyber attacks; and

“(B) the term ‘lead small business development center’ means a small business development center that has received a grant from the Administration.

“(2) CERTIFICATION PROGRAM.—The Administrator shall establish a cyber counseling certification program, or approve a similar existing program, to certify the employees of lead small business development centers to provide cyber planning assistance to small business concerns.

“(3) NUMBER OF CERTIFIED EMPLOYEES.—The Administrator shall ensure that the number of employees of each lead small business development center who are certified in providing cyber planning assistance under this subsection is not fewer than the lesser of—

“(A) 5; or

“(B) 10 percent of the total number of employees of the lead small business development center.

“(4) CONSIDERATION OF SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY.—In carrying out this subsection, the Administrator, to the extent practicable, shall consider any cyber strategy methods included in the Small Business Development Center Cyber Strategy developed under section 1841(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2662).

“(5) REIMBURSEMENT FOR CERTIFICATION.—

“(A) IN GENERAL.—Subject to the availability of appropriations and subparagraph (B), the Administrator shall reimburse a lead small business development center for costs relating to the certification of an employee of the lead small business development center under the program established under paragraph (2).

“(B) LIMITATION.—The total amount reimbursed by the Administrator under subparagraph (A) may not exceed $350,000 in any fiscal year.”.

SEC. 863. Comptroller General report on mergers and acquisitions in the defense industrial base.

Not later than March 1, 2022, the Comptroller General of the United States shall submit to Congress a report on the impact of mergers and acquisitions of defense industrial base contractors on the procurement processes of the Department of Defense.

SEC. 864. Exemption of certain contracts awarded to small business concerns from category management requirements.

(a) In general.—The Small Business Act is amended—

(1) by redesignating section 49 as section 50; and

(2) by inserting after section 48 the following new section:

“SEC. 49. Exemption of certain contracts from category management requirements.

“(a) In general.—A contract awarded under section 8(a), 8(m), 31, or 36 that is classified as tier 0—

“(1) shall be exempt from the procedural requirements of any Federal rule or guidance on category management or successor strategies for contract consolidation; and

“(2) shall not be included when measuring the attainment of any goal or benchmark established under any Federal rule or guidance on category management or successor strategies for contract consolidation.

“(b) Prohibition.—With respect to a requirement that was previously satisfied through a contract awarded under section 8(a), the head of a Federal agency shall not remove such requirement from a contract eligible for award under section 8(a) and include such requirement in a contract that is classified as tier 1, tier 2, or tier 3 without the Administrator’s approval.

“(c) Definitions.—In this section:

“(1) CATEGORY MANAGEMENT.—The term ‘category management’ has the meaning given by the Director of the Office of Management and Budget.

“(2) TIER 0; TIER 1; TIER 2; TIER 3.—The terms ‘tier 0’, ‘tier 1’, ‘tier 2’, and ‘tier 3’ have the meanings given such terms, respectively, by the Director of the Office of Management and Budget with respect to the Spend Under Management tiered maturity model, or any successor model.”.

(b) Application.—Section 49 of the Small Business Act, as added by subsection (a), shall apply with respect to contracts entered into on or after the date of the enactment of this Act.

SEC. 865. Prohibition on contracting with persons with willful or repeated violations of the Fair Labor Standards Act of 1938.

The head of a Federal department or agency (as defined in section 102 of title 40, United States Code) shall initiate a debarment proceeding with respect to a person for whom information regarding four or more willful or repeated violation of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) as determined by a disposition described under subsection (c)(1) of section 2313 of title 41, United States Code, and issued in the last four years, is included in the database established under subsection (a) of such section. The head of the department or agency shall use discretion in determining whether the debarment is temporary or permanent.

SEC. 866. Domestically sourced alternatives.

The Secretary of Defense should acquire domestically sourced alternatives to existing defense products for the design, development, and production of priority Department of Defense projects to include further developing high efficiency power conversion technology and manufacturing advanced AC-DC power converters that improve performance for the dismounted soldier.

SEC. 867. Report on duplicative information technology contracts.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on efforts within the Department of Defense to reduce duplicative information technology contracts.

SEC. 868. Reestablishment of commission on wartime contracting.

(a) Short title.—This section may be cited as the “Wartime Contracting Commission Reauthorization of 2021”.

(b) In general.—There is hereby reestablished in the legislative branch under section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) the Commission on Wartime Contracting.

(c) Amendment to duties.—Section 841(c)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 231) is amended to read as follows:

“(1) GENERAL DUTIES.—The Commission shall study the following matters:

“(A) Federal agency contracting funded by overseas contingency operations funds.

“(B) Federal agency contracting for the logistical support of coalition forces operating under the authority of either the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) or the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 50 U.S.C. 1541 note).

“(C) Federal agency contracting for the performance of security functions in countries where coalition forces operate under the authority of either the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) or the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 50 U.S.C. 1541 note).”.

(d) Conforming amendments.—Section 841 of the National of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking “the Committee on Oversight and Government Reform” each place it appears, and inserting “the Committee on Oversight and Reform”;

(B) in paragraph (2), by striking “of this Act” and inserting “of the Wartime Contracting Commission Reauthorization of 2021”; and

(C) in paragraph (4), by striking “was first established” each place it appears, and inserting “was reestablished by the Wartime Contracting Commission Reauthorization of 2021”; and

(2) in subsection (d)(1), by striking “On March 1, 2009” and inserting “Not later than one year after the date of enactment of the Wartime Contracting Commission Reauthorization of 2021”.

SEC. 869. Application of price evaluation preference for qualified HUBZone small business concerns to certain contracts.

(a) In general.—Section 31(c)(3) of the Small Business Act (15 U.S.C. 657a(c)(3)) is amended by adding at the end the following new subparagraph:

“(E) APPLICATION TO CERTAIN CONTRACTS.—The requirements of subparagraph (A) shall apply to an unrestricted order issued under an unrestricted multiple award contract or the unrestricted portion of a contract that is partially set aside for competition restricted to small business concerns.”.

(b) Rulemaking.—Not later than 90 days after the date of the enactment of this section, the Administrator of the Small Business Administration shall revise any rule or guidance to implement the requirements of this section.

SEC. 870. Combating trafficking in persons.

(a) Sense of Congress.—It is the sense of Congress that the United States Government should have a zero tolerance policy for human trafficking, and it is of vital importance that Government contractors who engage in human trafficking be held accountable.

(b) Analysis Required.—The Secretary of Defense shall review the recommendations contained in the report of the Comptroller General of the United States titled “Human Trafficking: DOD Should Address Weaknesses in Oversight of Contractors and Reporting of Investigations Related to Contracts” (dated August 2021; GAO–21–546) and develop the following:

(1) Policies and processes to ensure contracting officers of the Department of Defense be informed of their responsibilities relating to combating trafficking in persons and to ensure that such contracting officers are accurately and completely reporting trafficking in persons investigations.

(2) Policies and processes to specify—

(A) the offices and individuals within the Department that should be receiving and reporting on trafficking in persons incidents involving contractors;

(B) the elements of the Department and persons outside the Department that are responsible for reporting trafficking in persons investigations; and

(C) requirements relating to reporting such incident in the Federal Awardee Performance and Integrity Information System (or any other contractor performance rating system).

(3) Policies and processes to ensure that combating trafficking in persons monitoring is more effectively implemented through, among other things, reviewing and monitoring contractor compliance plans relating to combating trafficking in persons.

(4) Policies and processes to ensure the Secretary of Defense has accurate and complete information about compliance with acquisition-specific training requirements relating to combating trafficking in persons by contractors.

(5) A mechanism for ensuring completion of such training within 30 days after a contractor begins performance on a contract.

(6) An assessment of the resources and staff required to support oversight of combating trafficking in persons, including resources and staff to validate annual combating trafficking in persons self-assessments by elements of the Department.

(c) Interim brief.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees, the Committee on Oversight of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate on the preliminary findings of the analysis required by subsection (b).

(d) Report.—

(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Oversight of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate the analysis required by subsection (b).

(2) FORM.—The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

SEC. 871. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns.

Not later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue a rule authorizing the Office of Hearings and Appeals of the Administration to decide all appeals from formal protest determinations in connection with the status of a concern as qualified HUBZone small business concern (as such term is defined in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)).

SEC. 872. Microloan program; definitions.

Paragraph (11) of section 7(m) of the Small Business Act (15 U.S.C. 636(m)(11)) is amended—

(1) in clause (ii) of subparagraph (C), by striking “rural” and all that follows to the end of the clause and inserting “rural;”;

(2) in subparagraph (D), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following new subparagraph:

“(E) the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.”.

SEC. 873. Amendments to contracting authority for certain small business concerns.

(a) Socially and economically disadvantaged small business concerns.—Section 8(a)(1)(D)(i)(II) of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)) is amended—

(1) by striking “$7,000,000” and inserting “$10,000,000”; and

(2) by striking “$3,000,000” and inserting “$8,000,000”.

(b) Certain small business concerns owned and controlled by women.—Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended—

(1) in paragraph (7)(B)—

(A) in clause (i), by striking “$7,000,000” and inserting “$10,000,000”; and

(B) in clause (ii), by striking “$4,000,000” and inserting “$8,000,000”; and

(2) in paragraph (8)(B)—

(A) in clause (i), by striking “$7,000,000” and inserting “$10,000,000”; and

(B) in clause (ii), by striking “$4,000,000” and inserting “$8,000,000”.

(c) Qualified HUBZone small business concerns.—Section 31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 657a(c)(2)(A)(ii)) is amended—

(1) in subclause (I), by striking “$7,000,000” and inserting “$10,000,000”; and

(2) in subclause (II), by striking “$3,000,000” and inserting “$8,000,000”.

(d) Small business concerns owned and controlled by service-Disabled veterans.—Section 36(c)(2)(A) of the Small Business Act (15 U.S.C. 657f) is amended—

(1) in subparagraph (A), by striking “$7,000,000” and inserting “$10,000,000”; and

(2) in subparagraph (B), by striking “$3,000,000” and inserting “$8,000,000”.

(e) Certain veteran-Owned concerns.—Section 8127(c) of title 38, United States Code, is amended by striking “$5,000,000” and inserting “the dollar thresholds under section 36(c)(2)(A) of the Small Business Act”.

SEC. 874. Congressional oversight of private security contractor contracts and personnel.

(a) Report on actions taken to implement Government Accountability Office recommendations.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments (as defined in section 101 of title 10, United States Code), shall submit to the congressional defense committees a report on the efforts and plans of the Department of Defense to implement the recommendations contained in the report of the Government Accountability Office titled “PRIVATE SECURITY CONTRACTORS: DOD Needs to Better Identify and Monitor Personnel and Contracts” (GAO–21–255), dated July 29, 2021.

(b) Form of submissions.—The report required by subsection (a) shall, to the maximum extent possible, be submitted in unclassified form, but may contain a classified annex.

(1) a summary of the actions planned or taken by Department of Defense to implement the three recommendations in the report of the Government Accountability Office described in such subsection;

(2) a schedule for completing the implementation of each such recommendation, including specific milestones;

(3) a comprehensive list of—

(A) the specific contracted activities and services designated by the Department private security functions; and

(B) the private security contracts of the Department in effect at any time during fiscal year 2021;

(4) an explanation of how the Department plans to ensure that information pertaining to private security contracts and personnel can be uniquely identified in the databases of the Department used to record information on contracts and contractor personnel; and

(5) a summary of the data possessed by the Department on all private security contracts in effect as of the end of fiscal year 2021, including—

(A) the number of such contracts;

(B) the number of contractors for such contracts;

(C) the number of private security personnel performing private security functions under such contracts, including the number of such personnel who are armed and the number who are unarmed; and

(D) for all such private security personnel, job titles and primary duty stations under such contracts, including whether such individual is deployed inside or outside of the continental United States.

(d) Definitions.—In this section:

(1) PRIVATE SECURITY CONTRACT.—The term “private security contract” means a covered contract (as defined under section 159.3 of title 32, Code of Federal Regulations) under which private security functions are performed.

(2) PRIVATE SECURITY FUNCTIONS.—The term “private security functions” has the meaning given such term under section 159.3 of title 32, Code of Federal Regulations.

(3) PRIVATE SECURITY PERSONNEL.—The term “private security personnel” has the meaning given the term “PSC personnel” under section 159.3 of title 32, Code of Federal Regulations.

SEC. 875. Boots to Business Program.

Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by adding at the end the following new subsection:

“(h) Boots to Business Program.—

“(1) COVERED INDIVIDUAL DEFINED.—In this subsection, the term ‘covered individual’ means—

“(A) a member of the Armed Forces, including the National Guard or Reserves;

“(B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code;

“(C) an individual who—

“(i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and

“(ii) was discharged or released from such service under conditions other than dishonorable; and

“(D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C).

“(2) ESTABLISHMENT.—Beginning on the first October 1 after the enactment of this subsection and for the subsequent 4 fiscal years, the Administrator shall carry out a program to be known as the ‘Boots to Business Program’ to provide entrepreneurship training to covered individuals.

“(3) GOALS.—The goals of the Boots to Business Program are to—

“(A) provide assistance and in-depth training to covered individuals interested in business ownership; and

“(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern.

“(4) PROGRAM COMPONENTS.—

“(A) IN GENERAL.—The Boots to Business Program may include—

“(i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern;

“(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;

“(iii) an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and

“(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.

“(B) COLLABORATION.—The Administrator may—

“(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and

“(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).

“(C) USE OF RESOURCE PARTNERS.—

“(i) IN GENERAL.—The Administrator shall—

“(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and

“(II) to the maximum extent practicable, use a variety of other resource partners and entities in administering the Boots to Business Program.

“(ii) GRANT AUTHORITY.—In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.

“(D) AVAILABILITY TO DEPARTMENT OF DEFENSE.—The Administrator shall make available to the Secretary of Defense information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the website of the Department of Defense relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense.

“(E) AVAILABILITY TO VETERANS AFFAIRS.—In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program which shall, at a minimum—

“(i) describe the Boots to Business Program and the services provided; and

“(ii) include eligibility requirements for participating in the Boots to Business Program.

“(5) REPORT.—Not later than 180 days after the date of the enactment of this subsection and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which may be included as part of another report submitted to such Committees by the Administrator, and which shall include—

“(A) information regarding grants awarded under paragraph (4)(C);

“(B) the total cost of the Boots to Business Program;

“(C) the number of program participants using each component of the Boots to Business Program;

“(D) the completion rates for each component of the Boots to Business Program;

“(E) to the extent possible—

“(i) the demographics of program participants, to include gender, age, race, relationship to military, military occupational specialty, and years of service of program participants;

“(ii) the number of small business concerns formed or expanded with assistance under the Boots to Business Program;

“(iii) the gross receipts of small business concerns receiving assistance under the Boots to Business Program;

“(iv) the number of jobs created with assistance under the Boots to Business Program;

“(v) the number of referrals to other resources and programs of the Administration;

“(vi) the number of program participants receiving financial assistance under loan programs of the Administration;

“(vii) the type and dollar amount of financial assistance received by program participants under any loan program of the Administration; and

“(viii) results of participant satisfaction surveys, including a summary of any comments received from program participants;

“(F) an evaluation of the effectiveness of the Boots to Business Program in each region of the Administration during the most recent fiscal year;

“(G) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;

“(H) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;

“(I) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and

“(J) any additional information the Administrator determines necessary.”.

SEC. 876. Protests and appeals relating to eligibility of business concerns.

Section 5(i) of the Small Business Act (15 U.S.C. 634(i)) is amended—

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by inserting after paragraph (3) the following new paragraph:

“(4) DETERMINATIONS REGARDING STATUS OF CONCERNS.—

“(A) IN GENERAL.—Not later than 2 days after the date on which a final determination that a business concern does not meet the requirements of the status such concern claims to hold is made, such concern or the Administrator, as applicable, shall update the status of such concern in the System for Award Management (or any successor system).

“(B) ADMINISTRATOR UPDATES.—If such concern fails to update the status of such concern as described in subparagraph (A), not later than 2 days after such failure the Administrator shall make such update.

“(C) NOTIFICATION.—A concern required to make an update described under subparagraph (A) shall notify any contracting officers for which such concern has an offer pending on a contract, of the determination made under subparagraph (A), if the concern, in good faith, finds that such determination impacts the eligibility of the concern to perform such a contract.”.

SEC. 877. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold.

(a) In general.—Section 1908(b)(2) of title 41, United States Code, is amended—

(1) in subparagraph (B), by striking “or” at the end;

(2) in subparagraph (C), by striking the period at the end and inserting “; or”; and

(3) by adding at the end the following new subparagraph:

“(D) in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by regulation in effect on the date of the enactment of this subparagraph shall remain in effect.”.

(b) Technical amendment.—Section 1908(d) of such title is amended by striking the period at the end.

SEC. 878. Child care resource guide.

The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(1) by redesignating section 49 as section 50; and

(2) by inserting after section 48 the following new section:

“SEC. 49. Child care resource guide.

“(a) In general.—Not later than 1 year after the date of the enactment of this section and not less frequently than every 5 years thereafter, the Administrator shall publish or update a resource guide, applicable to various business models as determined by the Administrator, for small business concerns operating as child care providers.

“(b) Guidance on small business concern matters.—The resource guide required under subsection (a) shall include guidance for such small business concerns related to—

“(1) operations (including marketing and management planning);

“(2) finances (including financial planning, financing, payroll, and insurance);

“(3) compliance with relevant laws (including the Internal Revenue Code of 1986 and this Act);

“(4) training and safety (including equipment and materials);

“(5) quality (including eligibility for funding under the Child Care and Development Block Grant Act of 1990 as an eligible child care provider); and

“(6) any other matters the Administrator determines appropriate.

“(c) Consultation required.—Before publication or update of the resource guide required under subsection (a), the Administrator shall consult with the following:

“(1) The Secretary of Health and Human Services.

“(2) Representatives from lead agencies designated under section 658D of the Child Care and Development Block Grant Act of 1990.

“(3) Representatives from local or regional child care resource and referral organizations described in section 658E(c)(3)(B)(iii)(I) of the Child Care and Development Block Grant Act of 1990.

“(4) Any other relevant entities as determined by the Administrator.

“(d) Publication and dissemination required.—

“(1) PUBLICATION.—The Administrator shall publish the resource guide required under subsection (a) in English and in the 10 most commonly spoken languages, other than English, in the United States, which shall include Mandarin, Cantonese, Japanese, and Korean. The Administrator shall make each translation of the resource guide available on a publicly accessible website of the Administration.

“(2) DISTRIBUTION.—

“(A) ADMINISTRATOR.—The Administrator shall distribute the resource guide required under subsection (a) to offices within the Administration, including district offices, and to the persons consulted under subsection (c).

“(B) OTHER ENTITIES.—Women’s business centers (as described under section 29), small business development centers, chapters of the Service Corps of Retired Executives (established under section 8(b)(1)(B)), and Veteran Business Outreach Centers (as described under section 32) shall distribute to small business concerns operating as child care providers, sole proprietors operating as child care providers, and child care providers that have limited administrative capacity, as determined by the Administrator—

“(i) the resource guide required under subsection (a); and

“(ii) other resources available that the Administrator determines to be relevant.”.

SEC. 879. Boots to Business Program.