Union Calendar No. 83
117th CONGRESS 1st Session |
[Report No. 117–118]
To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.
July 2, 2021
Mr. Smith of Washington (for himself and Mr. Rogers of Alabama) (both by request) introduced the following bill; which was referred to the Committee on Armed Services
September 10, 2021
Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 2, 2021]
To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2022”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 101. Authorization of appropriations.
Sec. 111. Multiyear procurement authority for AH–64E Apache helicopters.
Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters.
Sec. 113. Continuation of Soldier Enhancement Program.
Sec. 114. Strategy for the procurement of accessories for the next generation squad weapon.
Sec. 121. Extension of procurement authority for certain amphibious shipbuilding programs.
Sec. 122. Inclusion of basic and functional design in assessments required prior to start of construction on first ship of a shipbuilding program.
Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 124. Incorporation of advanced degaussing systems into DDG–51 class destroyers.
Sec. 131. Contract for logistics support for VC–25B aircraft.
Sec. 132. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program.
Sec. 133. Inventory requirements and limitations relating to certain air refueling tanker aircraft.
Sec. 134. Minimum inventory of tactical airlift aircraft and limitation on modification of Air National Guard tactical airlift flying missions.
Sec. 135. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device.
Sec. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program.
Sec. 142. Limitation on availability of funds for aircraft systems for the armed overwatch program.
Sec. 143. Major weapon systems capability assessment process and procedure review and report.
Sec. 144. Reports on exercise of waiver authority with respect to certain aircraft ejection seats.
Sec. 201. Authorization of appropriations.
Sec. 211. Duties and regional activities of the Defense Innovation Unit.
Sec. 212. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.
Sec. 213. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions.
Sec. 214. Minority Institute for Defense Research.
Sec. 215. Test program for engineering plant of DDG(X) destroyer vessels.
Sec. 216. Consortium to study irregular warfare.
Sec. 217. Development and implementation of digital technologies for survivability and lethality testing.
Sec. 218. Pilot program on the use of intermediaries to connect the Department of Defense with technology producers.
Sec. 219. Assessment and correction of deficiencies in the F–35 aircraft pilot breathing system.
Sec. 220. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base.
Sec. 221. Requirement to maintain access to category 3 subterranean training facility.
Sec. 222. Prohibition on reduction of naval aviation testing and evaluation capacity.
Sec. 223. Limitation on availability of funds for certain C–130 aircraft.
Sec. 224. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation.
Sec. 231. Modification to annual report of the Director of Operational Test and Evaluation.
Sec. 232. Adaptive engine transition program acquisition strategy for the F–35A aircraft.
Sec. 233. Advanced propulsion system acquisition strategy for the F–35B and F–35C aircraft.
Sec. 234. Assessment and report on airborne electronic attack capabilities and capacity.
Sec. 235. Strategy for autonomy integration in major weapon systems.
Sec. 301. Authorization of appropriations.
Sec. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents.
Sec. 312. Modification of authorities governing cultural and conservation activities of the Department of Defense.
Sec. 313. Modification of authority for environmental restoration projects of National Guard.
Sec. 314. Prohibition on use of open-air burn pits in contingency operations outside the United States.
Sec. 315. Maintenance of current analytical tools for evaluation of energy resilience measures.
Sec. 316. Energy efficiency targets for Department of Defense data centers.
Sec. 317. Modification of restriction on Department of Defense procurement of certain items containing perfluorooctane sulfonate or perfluorooctanoic acid.
Sec. 318. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam.
Sec. 319. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances.
Sec. 320. PFAS testing requirements.
Sec. 321. Standards for response actions with respect to PFAS contamination.
Sec. 322. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam.
Sec. 323. Budget information for alternatives to burn pits.
Sec. 324. Establishment of emissions control standard operating procedures.
Sec. 325. Long-duration demonstration initiative and joint program.
Sec. 326. Pilot program on use of sustainable aviation fuel.
Sec. 327. Joint Department of Defense and Department of Agriculture study on bioremediation of PFAS using mycological organic matter.
Sec. 341. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand.
Sec. 342. Global bulk fuel management and delivery.
Sec. 343. Comptroller General annual reviews of F–35 sustainment efforts.
Sec. 344. Pilot program on biobased corrosion control and mitigation.
Sec. 345. Pilot program on digital optimization of organic industrial base maintenance and repair operations.
Sec. 346. Pilot program on implementation of mitigating actions to address vulnerabilities to critical defense facilities and associated defense critical electric infrastructure.
Sec. 347. Report and certification requirements regarding sustainment costs for F–35 aircraft program.
Sec. 351. Treatment of notice of presumed risk issued by Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions.
Sec. 352. Establishment of Joint Safety Council.
Sec. 353. Mishap Investigation Review Board.
Sec. 354. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents.
Sec. 355. Pilot program for tactical vehicle safety data collection.
Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports.
Sec. 362. Annual report on missing, lost, and stolen weapons, large amounts of ammunition, destructive devices, and explosive material.
Sec. 363. Annual report on material readiness of Navy ships.
Sec. 364. Strategy and annual report on critical language proficiency of special operations forces.
Sec. 365. Report and briefing on approach for certain properties affected by noise from military flight operations.
Sec. 366. Study on use of military resources to transport certain individuals and effect on military readiness.
Sec. 371. Budget justification for operation and maintenance.
Sec. 372. Improvements and clarifications related to military working dogs.
Sec. 373. Management of fatigue among crew of naval surface ships and related improvements.
Sec. 374. Authority to establish Center of Excellence for radar systems and complementary workforce and education programs.
Sec. 375. Pilot program on military working dog and explosives detection canine health and excellence.
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum levels.
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.
Sec. 415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths.
Sec. 421. Military personnel.
Sec. 501. Grade of certain chiefs of reserve components.
Sec. 502. Grade of Vice Chief of the National Guard Bureau.
Sec. 503. Prohibition on private funding for interstate deployment of National Guard.
Sec. 504. Requirement of consent of the chief executive officer for certain full-time National Guard duty performed in a State, Territory, or the District of Columbia.
Sec. 505. Continued National Guard support for FireGuard program.
Sec. 506. Study on reapportionment of National Guard force structure based on domestic responses.
Sec. 507. Report on feasibility and advisability of including cybersecurity operations and missions to protect critical infrastructure by members of the National Guard in connection with training or other duty.
Sec. 508. Access to Tour of Duty system.
Sec. 511. Prohibition on commissioning or enlistment in the Armed Forces of an individual convicted of a felony hate crime.
Sec. 512. Reduction in service commitment required for participation in career intermission program of a military department.
Sec. 513. Modernization of the Selective Service System.
Sec. 514. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments.
Sec. 515. Authorization of permissive temporary duty for wellness.
Sec. 516. Required staffing of administrative separation boards.
Sec. 517. Administrative separation: miscellaneous authorities and requirements.
Sec. 518. Prohibition on algorithmic career termination.
Sec. 519. Prohibition on discipline against a member based on certain social media.
Sec. 519A. Command oversight of military privatized housing as element of performance evaluations.
Sec. 519B. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States.
Sec. 519C. Seaman to Admiral-21 program: credit towards retirement.
Sec. 519D. Progress report on implementation of GAO recommendations regarding career paths for surface warfare officers of the Navy.
Sec. 519E. Independent assessment of retention of female surface warfare officers.
Sec. 521. Rights of the victim of an offense under the Uniform Code of Military Justice.
Sec. 522. Commanding officer's non-judicial punishment.
Sec. 523. Selection process for members to serve on courts-martial.
Sec. 524. Petition for DNA testing under the Uniform Code of Military Justice.
Sec. 525. Punitive article on violent extremism.
Sec. 526. Clarifications of procedure in investigations of personnel actions taken against members of the Armed Forces in retaliation for protected communications.
Sec. 527. Activities to improve family violence prevention and response.
Sec. 528. Mandatory notification of members of the Armed Forces identified in certain records of criminal investigations.
Sec. 529. Authority of military judges and military magistrates to issue military court protective orders.
Sec. 529A. Countering extremism in the Armed Forces.
Sec. 529B. Reform and improvement of military criminal investigative organizations.
Sec. 529C. Measures to improve the safety and security of members of the Armed Forces.
Sec. 529D. Distribution of information on the availability of civilian victim services.
Sec. 529E. Report on mandatory restitution.
Sec. 531. Short title.
Sec. 532. Special victim prosecutors.
Sec. 533. Department of Defense policies with respect to special victim prosecutors and establishment of offices of special victim prosecutors within military departments.
Sec. 534. Definitions of military magistrate, special victim offense, and special victim prosecutor.
Sec. 535. Clarification relating to who may convene courts-martial.
Sec. 536. Detail of trial counsel.
Sec. 537. Preliminary hearing.
Sec. 538. Advice to convening authority before referral for trial.
Sec. 539. Former jeopardy.
Sec. 539A. Plea agreements.
Sec. 539B. Determinations of impracticality of rehearing.
Sec. 539C. Punitive article on sexual harassment.
Sec. 539D. Clarification of applicability of domestic violence and stalking to dating partners.
Sec. 539E. Effective date.
Sec. 539F. Sentencing reform.
Sec. 539G. Report on modification of disposition authority for offenses other than special victim offenses.
Sec. 539H. Report on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military.
Sec. 539I. Report on implementation of recommendations and other activities to address racial, ethnic, and gender disparities in the military justice system.
Sec. 541. Independent investigation of complaints of sexual harassment.
Sec. 542. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial.
Sec. 543. Modifications to annual report regarding sexual assaults involving members of the Armed Forces.
Sec. 544. Civilian positions to support Special Victims’ Counsel.
Sec. 545. Feasibility study on establishment of clearinghouse of evidence-based practices to prevent sexual assault, suicide, and other harmful behaviors among members of the Armed Forces and military families.
Sec. 551. Training on consequences of committing a crime in preseparation counseling of the Transition Assistance Program.
Sec. 552. Participation of members of the reserve components of the Armed Forces in the Skillbridge program.
Sec. 553. Expansion and codification of matters covered by diversity training in the Department of Defense.
Sec. 554. Expansion of Junior Reserve Officers’ Training Corps program.
Sec. 555. Defense Language Institute Foreign Language Center.
Sec. 556. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a member of Congress.
Sec. 557. Votes required to call a meeting of the Board of Visitors of a military service academy.
Sec. 558. United States Naval Community College.
Sec. 559. Codification of establishment of United States Air Force Institute of Technology.
Sec. 559A. Clarifications regarding scope of employment and reemployment rights of members of the uniformed services.
Sec. 559B. Clarification and expansion of prohibition on gender-segregated training in the Marine Corps.
Sec. 559C. Requirement to issue regulations ensuring certain parental guardianship rights of cadets and midshipmen.
Sec. 559D. Defense language continuing education program.
Sec. 559E. Public-private consortium to improve professional military education.
Sec. 559F. Standards for training of surface warfare officers and enlisted members.
Sec. 559G. Professional military education: report; definition.
Sec. 559H. Study on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors.
Sec. 561. Establishment of Exceptional Family Member Program Advisory Council.
Sec. 562. Non-medical counseling services for military families.
Sec. 563. Expansion of support programs for special operations forces personnel and immediate family members.
Sec. 564. Clarification of qualifications for attorneys who provide legal services to families enrolled in the Exceptional Family Member Program.
Sec. 565. Improvements to the Exceptional Family Member Program.
Sec. 566. Database of next of kin of deceased members of the Armed Forces.
Sec. 567. Policy regarding remote military installations.
Sec. 568. Feasibility study on program for drop-in child care furnished to certain military spouses at military child development centers.
Sec. 569. Comptroller General of the United States reports on employment discrimination against military spouses by civilian employers.
Sec. 569A. Report on efforts of commanders of military installations to connect military families with local entities that provide services to military families.
Sec. 569B. Report on Preservation of the Force and Family Program of United States Special Operations Command.
Sec. 569C. GAO review of Preservation of the Force and Family Program of United States Special Operations Command.
Sec. 569D. Continued assistance to schools with significant numbers of military dependent students.
Sec. 569E. Verification of reporting of eligible federally connected children for purposes of Federal impact aid programs.
Sec. 571. Information on female and minority participation in military service academies and the Senior Reserve Officers’ Training Corps.
Sec. 572. Surveys on diversity, equity, and inclusion and annual reports on sexual assaults and racial and ethnic demographics in the military justice system.
Sec. 573. Amendments to additional Deputy Inspector General of the Department of Defense.
Sec. 574. Extension of deadline for GAO report on equal opportunity at the military service academies.
Sec. 575. GAO review of extremist affiliations and activity among members of the Armed Forces on active duty.
Sec. 581. Semiannual reports regarding review of service records of certain veterans.
Sec. 582. Eligibility of veterans of Operation End Sweep for Vietnam Service Medal.
Sec. 583. Establishment of the Atomic Veterans Service Medal.
Sec. 584. Authorization for award of the Medal of Honor to Marcelino Serna for acts of valor during World War I.
Sec. 591. Command climate assessments: independent review; reports.
Sec. 592. Healthy eating in the Department of Defense.
Sec. 593. Plant-based protein pilot program of the Navy.
Sec. 594. Reports on misconduct by members of special operations forces.
Sec. 595. Updates and preservation of memorials to chaplains at Arlington National Cemetery.
Sec. 601. Basic needs allowance for low-income regular members.
Sec. 602. Equal incentive pay for members of the reserve components of the Armed Forces.
Sec. 603. Expansions of certain travel and transportation authorities.
Sec. 604. Unreimbursed moving expenses for members of the Armed Forces: report; policy.
Sec. 605. Report on relationship between basic allowance for housing and sizes of military families.
Sec. 606. Report on temporary lodging expenses in competitive housing markets.
Sec. 607. Report on rental partnership programs.
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 621. Expansion of parental leave for members of the Armed Forces.
Sec. 622. Transitional compensation and benefits for the former spouse of a member of the Armed Forces who allegedly committed a dependent-abuse offense during marriage.
Sec. 623. Claims relating to the return of personal effects of a deceased member of the Armed Forces.
Sec. 624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care.
Sec. 625. Continuation of paid parental leave for a member of the Armed Forces upon death of child.
Sec. 626. Casualty assistance program: reform; establishment of working group.
Sec. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores.
Sec. 641. Electronic or online notarization for members of the Armed Forces.
Sec. 701. Improvement of postpartum care for certain members of the Armed Forces and dependents.
Sec. 702. Eating disorders treatment for certain members of the Armed Forces and dependents.
Sec. 703. Modifications relating to coverage of telehealth services under TRICARE program and other matters.
Sec. 704. Modifications to pilot program on health care assistance system.
Sec. 705. Temporary requirement for contraception coverage parity under the TRICARE program.
Sec. 711. Modification of certain Defense Health Agency organization requirements.
Sec. 712. Requirement for consultations related to military medical research and Defense Health Agency Research and Development.
Sec. 713. Authorization of program to prevent fraud and abuse in the military health system.
Sec. 714. Mandatory referral for mental health evaluation.
Sec. 715. Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl substances as component of periodic health assessments.
Sec. 716. Prohibition on adverse personnel actions taken against certain members of the Armed Forces based on declining COVID–19 vaccine.
Sec. 717. Establishment of Department of Defense system to track and record information on vaccine administration.
Sec. 718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees.
Sec. 719. Mandatory training on health effects of burn pits.
Sec. 720. Department of Defense procedures for exemptions from mandatory COVID–19 vaccines.
Sec. 721. Modifications and report related to reduction or realignment of military medical manning and medical billets.
Sec. 722. Cross-functional team for emerging threat relating to anomalous health incidents.
Sec. 723. Implementation of integrated product for management of population health across military health system.
Sec. 724. Digital health strategy of Department of Defense.
Sec. 725. Development and update of certain policies relating to military health system and integrated medical operations.
Sec. 726. Standardization of definitions used by the Department of Defense for terms related to suicide.
Sec. 731. Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel.
Sec. 732. Pilot program on cardiac screening at certain military service academies.
Sec. 733. Pilot program on cryopreservation and storage.
Sec. 734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities.
Sec. 735. Pilot program on oral rehydration solutions.
Sec. 736. Authorization of pilot program to survey access to mental health care under military health system.
Sec. 737. Prohibition on availability of funds for research connected to China.
Sec. 738. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program.
Sec. 739. Independent review of suicide prevention and response at military installations.
Sec. 740. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam.
Sec. 741. Plan to address findings related to access to contraception for members of the Armed Forces.
Sec. 742. GAO biennial study on Individual Longitudinal Exposure Record program.
Sec. 743. GAO study on exclusion of certain remarried individuals from medical and dental coverage under TRICARE program.
Sec. 744. Study on joint fund of the Department of Defense and the Department of Veterans Affairs for Federal Electronic Health Record Modernization Office.
Sec. 745. Briefing on domestic production of critical active pharmaceutical ingredients.
Sec. 746. Briefing on anomalous health incidents involving members of the Armed Forces.
Sec. 747. Sense of Congress on National Warrior Call Day.
Sec. 801. Acquisition workforce educational partnerships.
Sec. 802. Special emergency reimbursement authority.
Sec. 803. Prohibition on procurement of personal protective equipment from non-allied foreign nations.
Sec. 804. Minimum wage for employees of Department of Defense contractors.
Sec. 805. Diversity and inclusion reporting requirements for covered contractors.
Sec. 806. Website for certain domestic procurement waivers.
Sec. 807. Suspension or debarment referral for egregious violations of certain domestic preference laws.
Sec. 811. Extension of authorization for the defense civilian acquisition workforce personnel demonstration project.
Sec. 812. Modifications to contracts subject to cost or pricing data certification.
Sec. 813. Office of Corrosion Policy and Oversight employee training requirements.
Sec. 814. Standard guidelines for evaluation of requirements for services contracts.
Sec. 815. Extension of requirement to submit Selected Acquisition Reports.
Sec. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels.
Sec. 817. Competition requirements for purchases from Federal Prison Industries.
Sec. 818. Repeal of preference for fixed-price contracts.
Sec. 819. Modification to the pilot program for streamlining awards for innovative technology projects.
Sec. 820. Other transaction authority information accessibility.
Sec. 831. Department of Defense research and development priorities.
Sec. 832. Defense supply chain risk assessment framework.
Sec. 833. Plan to reduce reliance on supplies and materials from adversaries in the defense supply chain.
Sec. 834. Enhanced domestic content requirement for major defense acquisition programs.
Sec. 835. Reduction of fluctuations of supply and demand for certain covered items.
Sec. 836. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region.
Sec. 841. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries.
Sec. 842. Designating certain SBIR and STTR programs as entrepreneurial innovation projects.
Sec. 843. Modifications to printed circuit board acquisition restrictions.
Sec. 844. Defense industrial base coalition for career development.
Sec. 845. Additional testing of commercial e-commerce portal models.
Sec. 846. Support for industry participation in global standards organizations.
Sec. 851. Mission management pilot program.
Sec. 852. Pilot program to determine the cost competitiveness of drop-in fuels.
Sec. 853. Assuring integrity of overseas fuel supplies.
Sec. 854. Cadre of software development and acquisition experts.
Sec. 855. Acquisition practices and policies assessment.
Sec. 901. Modification of requirements for appointment of a person as Secretary of Defense after relief from active duty.
Sec. 902. Implementation of repeal of Chief Management Officer of the Department of Defense.
Sec. 903. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy.
Sec. 911. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity.
Sec. 912. Use of Combatant Commander Initiative Fund for certain environmental matters.
Sec. 913. Inclusion of explosive ordnance disposal in special operations activities.
Sec. 914. Coordination of certain Naval activities with the Space Force.
Sec. 915. Space Force organizational matters and modification of certain space-related acquisition authorities.
Sec. 916. Report on establishment of office to oversee sanctions with respect to Chinese military companies.
Sec. 917. Independent review of and report on the Unified Command Plan.
Sec. 921. Establishment of Space National Guard.
Sec. 922. No effect on military installations.
Sec. 923. Implementation of Space National Guard.
Sec. 924. Conforming amendments and clarification of authorities.
Sec. 1001. General transfer authority.
Sec. 1002. Determination of budgetary effects.
Sec. 1003. Budget justification for operation and maintenance.
Sec. 1011. Critical components of national sea-based deterrence vessels.
Sec. 1012. Biennial report on shipbuilder training and the defense industrial base.
Sec. 1013. Revision of sustainment key performance parameters for shipbuilding programs.
Sec. 1014. Prohibition on use of funds for retirement of Mark VI patrol boats.
Sec. 1015. Assessment of security of global maritime chokepoints.
Sec. 1016. Annual report on ship maintenance.
Sec. 1017. Availability of funds for retirement or inactivation of Ticonderoga class cruisers.
Sec. 1021. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense.
Sec. 1022. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.
Sec. 1023. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1031. Navy coordination with Coast Guard on aircraft, weapons, tactics, technique, organization, and equipment of joint concern.
Sec. 1032. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus.
Sec. 1033. Program to improve relations between members of the Armed Forces and military communities.
Sec. 1034. Authority to provide space and services to military welfare societies.
Sec. 1035. Required revision of Department of Defense unmanned aircraft systems categorization.
Sec. 1036. Limitation on funding for information operations matters.
Sec. 1037. Prohibition on provision of equipment to other departments and agencies for protection of certain facilities and assets from unmanned aircraft.
Sec. 1038. Limitation on use of funds for United States Space Command headquarters.
Sec. 1041. Congressional oversight of alternative compensatory control measures.
Sec. 1042. Comparative testing reports for certain aircraft.
Sec. 1043. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security And Department Of Defense.
Sec. 1044. Continuation of certain Department of Defense reporting requirements.
Sec. 1045. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan.
Sec. 1046. Biennial assessments of Air Force Test Center.
Sec. 1047. Comparative study on .338 Norma Magnum platform.
Sec. 1048. Comptroller General report on aging Department of Defense equipment.
Sec. 1049. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations.
Sec. 1050. Force posture in the Indo-Pacific region.
Sec. 1051. Assessment of United States military infrastructure in Diego Garcia, British Indian Ocean Territory.
Sec. 1052. Report on 2019 World Military Games.
Sec. 1053. Reports and briefings regarding oversight of Afghanistan.
Sec. 1054. Report and briefing on United States equipment, property, and classified material that was destroyed, surrendered, and abandoned in the withdrawal from Afghanistan.
Sec. 1055. Report on defense utility of United States territories and possessions.
Sec. 1056. Report on Coast Guard explosive ordnance disposal.
Sec. 1057. Independent assessment with respect to the Arctic region.
Sec. 1058. Annual report and briefing on Global Force Management Allocation Plan.
Sec. 1066. Short title.
Sec. 1067. Extension of National Guard authorities to Mayor of the District of Columbia.
Sec. 1068. Conforming amendments to title 10, United States Code.
Sec. 1069. Conforming amendments to title 32, United States Code.
Sec. 1070. Conforming amendment to the District of Columbia Home Rule Act.
Sec. 1071. Technical, conforming, and clerical amendments.
Sec. 1072. Assistant Secretary of Defense for Indo-Pacific Security Affairs.
Sec. 1073. Improvement of transparency and congressional oversight of civil reserve air fleet.
Sec. 1074. Enhancements to national mobilization exercises.
Sec. 1075. Providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service.
Sec. 1076. Responsibilities for national mobilization; personnel requirements.
Sec. 1077. Update of Joint Publication 3-68: Noncombatant Evacuation Operations.
Sec. 1078. Treatment of operational data from Afghanistan.
Sec. 1079. Defense Resource Budgeting and Allocation Commission.
Sec. 1080. Commission on Afghanistan.
Sec. 1081. Technology pilot program to support ballot transmission for absent uniformed services and overseas votes.
Sec. 1082. Recognition of the Memorial, Memorial Garden, and K9 Memorial of the National Navy UDT-SEAL Museum in Fort Pierce, Florida, as the official national memorial, memorial garden, and K9 memorial, respectively, of Navy SEALs and their predecessors.
Sec. 1083. Sense of Congress on the legacy, contributions, and sacrifices of American Indian and Alaska Natives in the Armed Forces.
Sec. 1084. Name of Naval Medical Center Camp Lejeune.
Sec. 1085. Sense of Congress regarding naming a warship the USS Fallujah.
Sec. 1086. Name of Air Force Utah test and training range.
Sec. 1087. Name of Air Force Utah Test and Training Range Consolidated Mission Control Center.
Sec. 1088. Sense of Congress regarding crisis at the Southwest border.
Sec. 1089. Improvements and clarifications relating to unauthorized use of computers of Department of Defense.
Sec. 1101. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.
Sec. 1102. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1103. DARPA personnel management authority to attract science and engineering experts.
Sec. 1104. Civilian personnel management.
Sec. 1105. Comptroller General review of Naval Audit Service operations.
Sec. 1106. Implementation of GAO recommendations on tracking, response, and training for civilian employees of the Department of Defense regarding sexual harassment and assault.
Sec. 1107. Guidelines for reductions in civilian positions.
Sec. 1108. Repeal of 2-year probationary period.
Sec. 1109. Amendment to diversity and inclusion reporting.
Sec. 1110. Including active duty in the armed forces in meeting service requirement for Federal employee family and medical leave.
Sec. 1111. Treatment of hours worked under a qualified trade-of-time arrangement.
Sec. 1112. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense.
Sec. 1113. Increase in allowance based on duty at remote worksites.
Sec. 1114. Limiting the number of local wage areas defined within a pay locality.
Sec. 1201. Extension of support of special operations for irregular warfare.
Sec. 1211. Clarification of certain matters regarding protection of Afghan allies.
Sec. 1212. Afghanistan Security Forces Fund.
Sec. 1213. Prohibition on providing funds or material resources of the Department of Defense to the Taliban.
Sec. 1214. Prohibition on transporting currency to the Taliban and the Islamic Emirate of Afghanistan.
Sec. 1215. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1216. Quarterly briefings on the security environment in Afghanistan and United States military operations related to the security of, and threats emanating from, Afghanistan.
Sec. 1217. Quarterly report on the threat potential of Al-Qaeda and related terrorist groups under a Taliban regime in Afghanistan.
Sec. 1218. Sense of Congress.
Sec. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals.
Sec. 1222. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.
Sec. 1224. Prohibition of transfers to Badr organization.
Sec. 1225. Prohibition on transfers to Iran.
Sec. 1226. Report on Iran-China military ties.
Sec. 1227. Report on Iranian military capabilities.
Sec. 1228. Report on Iranian terrorist proxies.
Sec. 1231. Extension of limitation on military cooperation between the United States and Russia.
Sec. 1232. Prohibition on availability of funds relating to sovereignty of Russia over Crimea.
Sec. 1233. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1234. Report on options for assisting the Government of Ukraine in addressing integrated air and missile defense gaps.
Sec. 1235. Biennial report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member.
Sec. 1236. Sense of Congress on Georgia.
Sec. 1241. Sense of Congress on a free and open Indo-Pacific region.
Sec. 1242. Clarification of required budget information related to the Indo-Pacific.
Sec. 1243. Report on cooperation between the National Guard and Taiwan.
Sec. 1244. Report on military and security developments involving the People’s Republic of China.
Sec. 1245. Biennial report on influence operations and campaigns of the Government of the People’s Republic of China targeting military alliances and partnerships of which the United States is a member.
Sec. 1246. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean.
Sec. 1247. Sense of Congress on Taiwan defense relations.
Sec. 1248. Sense of Congress on inviting Taiwan to the Rim of the Pacific exercise.
Sec. 1249. Sense of Congress on enhancing defense and security cooperation with Singapore.
Sec. 1250. Sense of Congress.
Sec. 1251. Sense of Congress with respect to Qatar.
Sec. 1252. Statement of policy.
Sec. 1301. Report on the state of United States military investment in Europe including the European Deterrence Initiative.
Sec. 1302. Sense of Congress on United States defense posture in Europe.
Sec. 1303. Sense of Congress on security assistance to the Baltic countries.
Sec. 1311. Extension of authority for certain payments to redress injury and loss.
Sec. 1312. Foreign Area Officer assessment and review.
Sec. 1313. Women, peace, and security act implementation at military service academies.
Sec. 1321. Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States.
Sec. 1322. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of Operation Allies Refuge.
Sec. 1323. Limitation on use of funds for the 2022 Olympic and Paralympic Winter games in China.
Sec. 1324. Report on hostilities involving United States Armed Forces.
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Sec. 1411. Acquisition of strategic and critical materials from the national technology and industrial base.
Sec. 1412. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.
Sec. 1413. Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1501. Cyber threat information collaboration environment.
Sec. 1502. Enterprise-wide procurement of commercial cyber threat information products.
Sec. 1511. Legacy information technologies and systems accountability.
Sec. 1512. Update relating to responsibilities of Chief Information Officer.
Sec. 1513. Protective Domain Name System within the Department of Defense.
Sec. 1521. Notification requirements regarding cyber weapons.
Sec. 1522. Cybersecurity of weapon systems.
Sec. 1531. Feasibility study regarding establishment within the Department of Defense a designated central program office, headed by a senior Department official, responsible for overseeing all academic engagement programs focusing on creating cyber talent across the Department.
Sec. 1532. Prohibition on Chief Information Officer of the Department of Defense serving as Principal Cyber Advisor of the Department.
Sec. 1601. Improvements to tactically responsive space launch program.
Sec. 1602. National security space launch program.
Sec. 1603. Classification review of programs of the Space Force.
Sec. 1604. Report on Range of the Future initiative of the Space Force.
Sec. 1605. Norms of behavior for international rules-based order in space.
Sec. 1606. Programs of record of Space Force and commercial capabilities.
Sec. 1607. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing.
Sec. 1608. National Security Council briefing on potential harmful interference to Global Positioning System.
Sec. 1611. Notification of certain threats to United States Armed Forces by foreign governments.
Sec. 1612. Strategy and plan to implement certain defense intelligence reforms.
Sec. 1613. Authority of Under Secretary of Defense for Intelligence and Security to engage in fundraising for certain nonprofit organizations.
Sec. 1614. Executive agent for explosive ordnance intelligence.
Sec. 1615. Inclusion of explosive ordnance intelligence in Defense Intelligence Agency activities.
Sec. 1621. Exercises of nuclear command, control, and communications system.
Sec. 1622. Independent review of nuclear command, control, and communications system.
Sec. 1623. Review of safety, security, and reliability of nuclear weapons and related systems.
Sec. 1624. Review of engineering and manufacturing development contract for ground-based strategic deterrent program.
Sec. 1625. Long-range standoff weapon.
Sec. 1626. Prohibition on reduction of the intercontinental ballistic missiles of the United States.
Sec. 1627. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile.
Sec. 1628. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile.
Sec. 1629. Annual certification on readiness of Minuteman III intercontinental ballistic missiles.
Sec. 1630. Cost estimate to re-alert long-range bombers.
Sec. 1631. Notification regarding intercontinental ballistic missiles of China.
Sec. 1632. Information regarding review of Minuteman III service life extension program.
Sec. 1633. Sense of Congress regarding nuclear posture review.
Sec. 1641. Directed energy programs for ballistic and hypersonic missile defense.
Sec. 1642. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency.
Sec. 1643. Missile defense radar in Hawaii.
Sec. 1644. Guam integrated air and missile defense system.
Sec. 1645. Limitation on availability of funds until receipt of certain report on Guam.
Sec. 1646. Repeal of transition of ballistic missile defense programs to military departments .
Sec. 1647. Certification required for Russia and China to tour certain missile defense sites.
Sec. 1648. Sense of Congress on next generation interceptor program.
Sec. 1651. Cooperative threat reduction funds.
Sec. 1652. Establishment of office to address unidentified aerial phenomena.
Sec. 1653. Matters regarding Integrated Deterrence Review.
Sec. 1654. Sense of Congress on indemnification and the conventional prompt global strike weapon system.
Sec. 1701. Technical, conforming, and clerical amendments related to the transfer and reorganization of defense acquisition statutes.
Sec. 1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes.
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
Sec. 2003. Effective date.
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project.
Sec. 2105. Modification of authority to carry out certain fiscal year 2021 project.
Sec. 2106. Additional authorized funding source for certain fiscal year 2022 project.
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects.
Sec. 2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida.
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2017 project.
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
Sec. 2601. Authorized Army National Guard construction and land acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.
Sec. 2702. Conditions on closure of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado.
Sec. 2801. Special construction authority to use operation and maintenance funds to meet certain United States military-related construction needs in friendly foreign countries.
Sec. 2802. Increase in maximum amount authorized for use of unspecified minor military construction project authority.
Sec. 2803. Increased transparency and public availability of information regarding solicitation and award of subcontracts under military construction contracts.
Sec. 2804. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects and activities.
Sec. 2805. Limitations on authorized cost and scope of work variations.
Sec. 2806. Use of qualified apprentices by military construction contractors.
Sec. 2807. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.
Sec. 2811. Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled.
Sec. 2812. Modification of military housing to accommodate tenants with disabilities.
Sec. 2813. Required investments in improving military unaccompanied housing.
Sec. 2814. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel.
Sec. 2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy.
Sec. 2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations.
Sec. 2823. Department of Defense monitoring of real property ownership and occupancy in vicinity of military installations to identify foreign adversary ownership or occupancy.
Sec. 2831. Cooperation with State and local governments in development of master plans for major military installations.
Sec. 2832. Prompt completion of military installation resilience component of master plans for at-risk major military installations.
Sec. 2833. Congressional oversight of master plans for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements.
Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects.
Sec. 2842. Additional Department of Defense activities to improve energy resiliency of military installations.
Sec. 2843. Consideration of anticipated increased share of electric vehicles in Department of Defense vehicle fleet and owned by members of the Armed Forces and Department employees.
Sec. 2844. Conditions on revision of Unified Facilities Criteria or Unified Facilities Guide Specifications regarding use of variable refrigerant flow systems.
Sec. 2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California.
Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts.
Sec. 2853. Land conveyance, Rosecrans Air National Guard Base, Saint Joseph, Missouri.
Sec. 2854. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia.
Sec. 2861. Pilot program on increased use of mass timber in military construction.
Sec. 2862. Pilot program on increased use of sustainable building materials in military construction.
Sec. 2863. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force.
Sec. 2864. Pilot program to expedite 5G telecommunications on military installations through deployment of telecommunications infrastructure.
Sec. 2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific.
Sec. 2881. Identification of organic industrial base gaps and vulnerabilities related to climate change and defensive cybersecurity capabilities.
Sec. 2891. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities.
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition projects.
Sec. 2904. Authorization of appropriations.
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Sec. 3111. Improvements to annual reports on condition of the United States nuclear weapons stockpile.
Sec. 3112. Modifications to certain reporting requirements.
Sec. 3113. Plutonium pit production capacity.
Sec. 3114. Report on Runit Dome and related hazards.
Sec. 3115. University-based nuclear nonproliferation collaboration program.
Sec. 3116. Prohibition on availability of funds to reconvert or retire W76–2 warheads.
Sec. 3201. Authorization.
Sec. 3202. Technical amendments regarding Chair and Vice Chair of Defense Nuclear Facilities Safety Board.
Sec. 3401. Authorization of appropriations.
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Maritime Administration.
Sec. 3511. Effective period for issuance of documentation for recreational vessels.
Sec. 3512. America’s marine highway program.
Sec. 3513. Committees on maritime matters.
Sec. 3514. Port Infrastructure Development Program.
Sec. 3515. Uses of emerging marine technologies and practices.
Sec. 3516. Prohibition on participation of long term charters in Tanker Security Fleet.
Sec. 3517. Coastwise endorsement.
Sec. 3518. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing.
Sec. 3519. Coast Guard yard improvement.
Sec. 3520. Authorization to purchase duplicate medals.
Sec. 4001. Authorization of amounts in funding tables.
Sec. 4101. Procurement.
Sec. 4201. Research, development, test, and evaluation.
Sec. 4301. Operation and maintenance.
Sec. 4401. Military personnel.
Sec. 4501. Other authorizations.
Sec. 4601. Military construction.
Sec. 4701. Department of Energy national security programs.
Sec. 5001. Short title.
Sec. 5002. Clarifying amendments to definitions.
Sec. 5003. Barry Goldwater Scholarship and Excellence in Education Awards.
Sec. 5004. Stipends.
Sec. 5005. Scholarship and research internship conditions.
Sec. 5006. Sustainable investments of funds.
Sec. 5007. Administrative provisions.
Sec. 5101. Enhanced protection against debt collector harassment of servicemembers.
Sec. 5102. Comptroller General study on enhanced protection against debt collector harassment of servicemembers.
Sec. 5103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts.
Sec. 5104. Adverse information in cases of trafficking.
Sec. 5105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies.
Sec. 5201. Modification of National Defense Science and Technology Strategy.
Sec. 5202. Department of Defense plan to compete in the global information environment.
Sec. 5203. Resourcing plan for digital ecosystem.
Sec. 5204. Digital Talent recruiting officer.
Sec. 5205. Occupational series for digital career fields.
Sec. 5206. Artificial intelligence readiness goals.
Sec. 5207. Pilot program to facilitate the agile acquisition of technologies for warfighters.
Sec. 5208. Short course on emerging technologies for senior civilian leaders.
Sec. 5301. Great Lakes winter shipping.
Sec. 6001. FAA rating of civilian pilots of the Department of Defense.
Sec. 6002. Property disposition for affordable housing.
Sec. 6003. Requirement to establish a national network for microelectronics research and development.
Sec. 6004. Definition of State for purposes of Omnibus Crime Control and Safe Streets Act of 1968.
Sec. 6005. Advancing Mutual Interests and Growing Our Success.
Sec. 6006. Department of Veterans Affairs Governors Challenge grant program.
Sec. 6007. Foreign Corruption Accountability.
Sec. 6008. Justice for Victims of Kleptocracy.
Sec. 6009. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria.
Sec. 6010. Extension of period of eligibility by reason of school closures due to emergency and other situations under Department of Veterans Affairs training and rehabilitation program for veterans with service-connected disabilities.
Sec. 6011. Extension of time limitation for use of entitlement under Department of Veterans Affairs educational assistance programs by reason of school closures due to emergency and other situations.
Sec. 6012. Exemption of certain Homeland Security fees for certain immediate relatives of an individual who received the Purple Heart.
In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of AH–64E Apache helicopters.
(b) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year.
(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of UH–60M and HH–60M Black Hawk helicopters.
(b) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year.
(a) Requirement to continue program.—The Secretary of the Army, acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology in accordance with subsection (b), shall continue to carry out the Soldier Enhancement Program established pursuant to section 203 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Sat. 1394).
(b) Responsible official.—The Secretary of the Army shall designate the Assistant Secretary of the Army for Acquisition, Logistics, and Technology as the official in the Department of the Army with principal responsibility for the management of the Soldier Enhancement Program under subsection (a).
(c) Duties.—The duties of the Soldier Enhancement Program shall include the identification, research, development, test, and evaluation of commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) and software applications to accelerate the efforts of the Army to integrate, modernize, and enhance weapons and equipment for use by Army soldiers, including—
(a) Strategy required.—The Secretary of the Army shall develop and implement a strategy to identify, test, qualify, and procure, on a competitive basis, accessories for the next generation squad weapon of the Army, including magazines and other components that could affect the performance of such weapon.
(b) Market survey and qualification activities.—
(1) INITIAL MARKET SURVEY.—Not later than one year after a decision is made to enter into full-rate production for the next generation squad weapon, the Secretary of the Army shall conduct a market survey to identify accessories for such weapon, including magazines and other components, that could affect the weapon’s performance.
(2) QUALIFICATION ACTIVITIES.—After completing the market survey under paragraph (1), the Secretary of the Army may compete, select, procure, and conduct tests of such components to qualify such components for purchase and use. A decision to qualify such components shall be based on established technical standards for operational safety and weapon effectiveness.
Section 124(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “fiscal year 2021” and inserting “fiscal years 2021 and 2022”.
Section 124 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 28; 10 U.S.C. 8661 note) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking “Concurrent with approving the start of construction of the first ship for any major shipbuilding program, the Secretary of the Navy shall” and inserting “The Secretary of the Navy may not enter into a contract for the construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary”;
(2) in subsection (d), by adding at the end the following new paragraph:
(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of up to 15 Arleigh Burke class Flight III guided missile destroyers.
(b) Authority for advance procurement.—The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2023, for advance procurement associated with the destroyers for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable.
(c) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2023 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
(d) Limitation.—The Secretary of the Navy may not modify a contract entered into under subsection (a) if the modification would increase the target price of the destroyer by more than 10 percent above the target price specified in the original contract awarded for the destroyer under subsection (a).
Section 143 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1668) is amended—
(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the research and development, design, procurement, or advanced procurement of materials for the B–52 Commercial Engine Replacement Program may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report described in section 2432 of title 10, United States Code, for the most recently concluded fiscal quarter for the B–52 Commercial Engine Replacement Program in accordance with subsection (b)(1).
(b) Additional requirements.—
(1) TREATMENT OF BASELINE ESTIMATE.—The Secretary of Defense shall deem the Baseline Estimate for the B–52 Commercial Engine Replacement Program for fiscal year 2018 as the original Baseline Estimate for the Program.
(2) UNIT COST REPORTS AND CRITICAL COST GROWTH.—
(A) Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of title 10, United States Code, with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2018 as the original Baseline Estimate, except that the Secretary shall not carry out subparagraph (B) or subparagraph (C) of section 2433a(c)(1) of such title with respect to the Program.
(B) In carrying out the review required by section 2433a of such title, the Secretary shall not enter into a transaction under section 2371 or 2371b of such title, exercise an option under such a transaction, or otherwise extend such a transaction with respect to the B–52 Commercial Engine Replacement Program except to the extent determined necessary by the milestone decision authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources.
(c) Definitions.—In this section:
(1) The term “Baseline Estimate” has the meaning given the term in section 2433(a)(2) of title 10, United States Code.
(2) The term “milestone decision authority” has the meaning given the term in section 2366b(g)(3) of title 10, United States Code.
(a) Minimum inventory requirements for KC–10A aircraft.—
(1) FISCAL YEAR 2022.—During the period beginning on October 1, 2021, and ending on October 1, 2022, the Secretary of the Air Force shall, except as provided in paragraph (3), maintain a minimum of 36 KC–10A aircraft designated as primary mission aircraft inventory.
(b) Limitation on retirement of KC–135 Aircraft.—
(c) Prohibition on reduction of KC–135 aircraft in PMAI of the reserve components.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force.
(a) Minimum inventory requirement.—During the period beginning on October 1, 2021, and ending on October 1, 2026, the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 279 aircraft.
(b) Exception.—The Secretary of the Air Force may reduce the number of tactical airlift aircraft in the Air Force below the minimum number specified in subsection (a) if the Secretary determines, on a case-by-case basis, that an aircraft is no longer mission capable because of a mishap or other damage.
(c) Limitation on modification of Air National Guard tactical airlift flying missions.—The Secretary of the Air Force may not modify the flying mission of a tactical airlift unit of the Air National Guard unless—
(a) In general.—The Secretary of the Air Force may enter into contracts for the life-of-type procurement of covered parts supporting the KS–75 cryptographic device under the Ground Based Strategic Deterrent program.
(b) Covered Parts Defined.—In this section the term “covered parts” means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code.
(c) Availability of funds.—Notwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2022 by section 101 and available for missile procurement, Air Force, as specified in the corresponding funding table in section 4101, $10,900,000 shall be available for the procurement of covered parts pursuant to contracts entered into under subsection (a).
(a) F–35A quantity limit for the Air Force.—
(1) LIMITATION.—Beginning on October 1, 2028, the total number of F–35A aircraft that the Secretary of the Air Force may maintain in the aircraft inventory of the Air Force may not exceed the lesser of—
(b) F–35B quantity limit for the Marine Corps.—
(1) LIMITATION.—Beginning on October 1, 2028, the total number of F–35B aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of—
(c) F–35C quantity limit for the Navy.—
(1) LIMITATION.—Beginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Navy may not exceed the lesser of—
(d) F–35C Quantity limit for the Marine Corps.—
(1) LIMITATION.—Beginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of—
(e) Determination of cost-per-tail-per-year for fiscal year 2027.——
(1) IN GENERAL.—Not later than 90 days after the end of fiscal year 2027—
(2) CALCULATION.—For purposes of paragraph (1), the average cost-per-tail of a variant of an F–35 aircraft of an Armed Force shall be determined by—
(f) Waiver authority.—The Secretary of Defense may waive the quantity limits under any of subsections (a) through (d) if, prior to issuing such a waiver, the Secretary certifies to the congressional defense committees that procuring additional quantities of a variant of an F–35 aircraft above the applicable quantity limit are required to meet the national military strategy requirements of the combatant commanders. The authority of the Secretary under this subsection may not be delegated.
(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the procurement of aircraft systems for the armed overwatch program of the United States Special Operations Command, not more than 50 percent may be obligated or expended until the date on which the documentation described in subsection (b) is submitted to the congressional defense committees.
(b) Documentation described.—The documentation described in this subsection is the airborne intelligence, surveillance, and reconnaissance acquisition roadmap for the United States Special Operations Command required to be submitted to the congressional defense committees under section 165 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(c) Requirement to maintain capabilities.—Until such time as the Secretary of Defense identifies a suitable replacement for the U–28 aircraft, the Secretary shall maintain the U–28 aircraft platform to provide necessary capabilities to sustain operations to meet the operational intelligence, surveillance, and reconnaissance requirements of combatant commanders.
(a) Review.—The Secretary of Defense shall review, and modify as appropriate, the processes of the Department for the management of strategic risk with respect to capabilities of major weapon systems, including the processes for—
(b) Report.—Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees and the Comptroller General of the United States a report containing the following:
(1) A comprehensive description of the current policies and processes of the Department of Defense for—
(A) assessing the effectiveness, and the costs, of fielded major weapon systems in addressing the current, mid-term, and long-term threats identified in the contingency plans of the combatant commands;
(B) assessing tradeoffs, including in terms of resources, funding, time, capabilities, and programmatic and operational risk, between developing a new major weapon system compared to—
(2) The key factors considered by the Secretary of Defense when applying the policies and processes described in paragraph (1).
(3) An assessment of the extent to which the policies and processes described in paragraph (1) enable the Secretary of Defense to—
(B) efficiently and effectively determine if a fielded major weapon system should continue to be used or replaced and divested and—
(i) with respect to a fielded major weapon system that should continue to be used, how long such use should continue; and
(4) An identification of the fielded major weapon systems with respect to which the Secretary of Defense completed replacement or divestment during the period beginning on January 1, 2010, and ending on the date on which the report is submitted under this subsection.
(5) An assessment of the processes involved in the decisions of the Secretary of Defense to replace and divest the fielded major weapon systems identified under paragraph (4), including an assessment of the effectiveness in meeting operational requirements and the timeliness of those processes involved in making replacement decisions.
(6) An identification of any fielded major weapon systems with respect to which, as of the date on which the report is submitted under this subsection, the Secretary of Defense plans to complete replacement or divestment not later than December 31, 2035.
(7) An analysis of the plans of the Secretary of Defense with respect to replacing or divesting the fielded major weapon systems identified under paragraph (6), including—
(c) Comptroller general briefing and report.—
(1) ASSESSMENTS.—The Comptroller General of the United States shall conduct a preliminary assessment and a detailed assessment of the report required under subsection (b).
(2) BRIEFING.—Not later than 180 days after the date on which the Secretary of Defense submits to the Comptroller General the report required under subsection (b), the Comptroller General shall brief the congressional defense committees on the preliminary assessment of such report required under paragraph (1).
Not later than February 1, 2022, and on a semiannual basis thereafter through February 1, 2024, the Secretary of the Air Force and the Secretary of the Navy shall each submit to the congressional defense committees a report that includes, with respect to each location at which active flying operations are conducted or planned as of the date report—
(1) the number of aircrew ejection seats installed in the aircraft used, or expected to be used, at such location;
(a) Duties of DIU joint reserve detachment.—Clause (ii) of section 2358b(c)(2)(B) of title 10, United States Code, is amended to read as follows:
“(ii) the technology requirements of the Department of Defense, as identified in the most recent—
“(II) National Defense Science and Technology Strategy as directed under section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679); and
(b) Regional activities.—Subject to the availability of appropriations for such purpose, the Secretary of Defense may expand the efforts of the Defense Innovation Unit to engage and collaborate with private-sector industry and communities in various regions of the United States—
Section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended—
(1) by amending subsection (c) to read as follows:
“(c) Consultation with other organizations.—For the purposes of providing technical expertise and reducing costs and duplicative efforts, the Secretary of Defense and the Secretaries of the military departments shall work to ensure and support the sharing of information on the research and consulting that is being carried out across the Federal Government in Department-wide shared information systems including the Defense Technical Information Center.”;
Section 217(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note), as amended by section 212 of this title, is further amended—
(a) Plan to establish Minority Institute for Defense Research.—
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this section, the Secretary shall submit to the congressional defense committees a plan (in this section referred to as the “Plan”) for the establishment of the Minority Institute for Defense Research (in this section referred to as the “Consortium”).
(2) ELEMENTS.—The Plan shall include the following:
(A) Information relating to the projected needs of the Department for the next twenty years with respect to essential engineering, research, or development capability.
(B) An assessment relating to the engineering, research, and development capability of each minority institution.
(b) Naming of the Consortium.—With respect to the naming of the Consortium, the Secretary shall—
(c) Grant program for minority institutions.—
(1) IN GENERAL.—The Secretary may establish a program to award grants, on a competitive basis, to minority institutions for the purposes described in paragraph (2).
(2) PURPOSES.—The purposes described in this paragraph are the following:
(A) Establishing a legal entity for the purpose of entering into research contracts or agreements with the Federal Government or the Consortium.
(d) Subcontracting requirements for minority institutions.—
(1) IN GENERAL.—Section 2304 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(m) (1) The head of an agency shall require that a contract awarded to Department of Defense Federally Funded Research and Development Center or University Affiliated Research Center includes a requirement to establish a partnership to develop the capacity of minority institutions to address the research and development needs of the Department. Such partnerships shall be through a subcontract with one or more minority institutions for a total amount of not less than 5 percent of the amount awarded in the contract.
“(2) For the purposes of this subsection, a minority institution means—
“(A) a part B institution (as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))); or
“(B) any other institution of higher education (as such term is defined in section 101 of such Act (20 U.S.C. 1001)) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.”.
(e) Definitions.—In this section:
(2) The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3) The term “minority institution” means—
(A) a part B institution (as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))); or
(a) Test program required.—During the detailed design period and prior to the construction start date of the lead ship in the DDG(X) destroyer class of vessels, the Secretary of the Navy shall commence a land-based test program for the engineering plant of such class of vessels.
(b) Administration.—The test program required by subsection (a) shall be administered by the Senior Technical Authority for the DDG(X) destroyer class of vessels.
(c) Elements.—The test program required by subsection (a) shall include, at a minimum, testing of the following equipment in vessel-representative form:
(d) Test objectives.—The test program required by subsection (a) shall include, at a minimum, the following test objectives demonstrated across the full range of engineering plant operations for the DDG(X) destroyer class of vessels:
(e) Completion date.—The Secretary of the Navy shall complete the test program required by subsection (a) by not later than the delivery date of the lead ship in the DDG(X) destroyer class of vessels.
(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall establish a research consortium of institutions of higher education to study irregular warfare and the responses to irregular threats.
(b) Purposes.—The purposes of the consortium under subsection (a) are as follows:
(1) To shape the formulation and application of policy through the conduct of research and analysis regarding irregular warfare.
(2) To maintain open-source databases on issues relevant to understanding terrorism, irregular threats, and social and environmental change.
(3) To serve as a repository for datasets regarding research on security, social change, and irregular threats developed by institutions of higher education that receive Federal funding.
(4) To support basic research in social science on emerging threats and stability dynamics relevant to irregular threat problem sets.
(6) To facilitate the collaboration of research centers of excellence relating to irregular threats to better distribute expertise to specific issues and scenarios regarding such threats.
(c) Coordination.—The Under Secretary of Defense for Research and Engineering shall coordinate activities conducted under this section with the Commander of the United States Special Operations Command.
(d) Partnerships.—The Under Secretary of Defense for Research and Engineering shall encourage partnerships between the consortium and university-affiliated research centers and other research institutions.
(e) Institution of higher education defined.—In this section, the term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(a) Expansion of survivability and lethality testing.—
(1) IN GENERAL.—The Secretary, in coordination with covered officials, shall—
(2) DEVELOPMENT OF DIGITAL TECHNOLOGIES FOR LIVE FIRE TESTING.—
(A) IN GENERAL.—The Secretary, in coordination with covered officials, shall develop—
(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.
(C) DEMONSTRATION ACTIVITIES.—
(i) IN GENERAL.—The Secretary, acting through the Director, shall carry out activities to demonstrate the digital technologies for full spectrum survivability testing developed under subparagraph (A).
(3) REGULAR SURVIVABILITY AND LETHALITY TESTING THROUGHOUT LIFE CYCLE.—
(A) IN GENERAL.—The Secretary, in coordination with covered officials, shall—
(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—
(ii) an assessment of each of the demonstration activities carried out under subsection (a)(2)(C), including a comparison of—
(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
(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;
(c) Definitions.—In this section:
(2) COVERED SYSTEM.—The term “covered system” means any warfighting capability that can degrade, disable, deceive, or destroy forces or missions.
(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.
(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.
(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—
(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—
(C) the Federal Acquisition Regulation and the Department of Defense Supplement to the Federal Acquisition Regulation;
(D) other procurement programs and authorities, including—
(i) the Small Business Innovation Research Program and the Small Business Technology Transfer Program, as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e));
(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—
(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—
(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;
(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—
(3) procurement technical assistance centers (as described in chapter 142 of title 10, United States Code);
(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—
(k) Definitions.—In this section:
(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.
(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—
(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.
(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—
(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.
(a) Identification required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
(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).
(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:
(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.
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:
(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).
Section 139(h)(2) of title 10, United States Code, is amended by striking “, through January 31, 2026”.
(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.
(a) In general.—Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Navy, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program (referred to in this section as “AETP”) propulsion system or other advanced propulsion system into F–35B and F–35C aircraft.
(b) Elements.—The report required under subsection (a) shall include the following:
(1) An analysis of the impact on combat effectiveness and sustainment cost from increased thrust, fuel efficiency, and thermal capacity for each variant of the F–35, to include the improvements on acceleration, speed, range, and overall mission effectiveness, of each advanced propulsion system.
(2) An assessment in the reduction on the dependency on support assets, to include air refueling and replenishment tankers, and the overall cost benefits to the Department from reduced acquisition and sustainment of such support assets, from the integration of each advanced propulsion system.
(3) A competitive acquisition strategy, informed by fiscal considerations, the assessment on combat effectiveness, and technical limitations, to—
(A) integrate an advanced propulsion system into the F–35B aircraft and integrate an advanced propulsion system into the F–35C aircraft; and
(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);
(c) Consultation.—The Secretary shall develop the strategy required under subsection (a) in consultation with—
(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.
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.
(a) National Defense Strategy and defense planning guidance.—Section 113(g) of title 10, United States Code, is amended—
(b) National defense sustainment and logistics review.—
(1) IN GENERAL.—The first section 118a of such title is amended—
(2) CLERICAL AND CONFORMING AMENDMENTS.—
(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:
(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.
(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
(a) In general.—Section 2694 of title 10, United States Code, is amended—
(1) in subsection (b)—
(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—
(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—
(2) in subsection (d), in the second sentence, by inserting “by an eligible landowner or agricultural producer” after “Participation”;
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”.
(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—
“(B) the number of personnel of the United States assigned to the location where the open-air burn pit is being used;
“(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));
“(6) plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream;
(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.
(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—
“(B) consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry;
(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).
(a) Energy efficiency targets for data centers.—
(1) IN GENERAL.—Subchapter I of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:
“§ 2921. Energy efficiency targets for data centers
“(a) Covered data centers.— (1) For each covered data center, the Secretary shall—
“(A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;
“(B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;
“(C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals;
“(D) identify potential renewable or clean energy resources to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and
“(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—
(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:
(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.
(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.
Section 333 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
(2) in subsection (a), by striking “perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA)” and inserting “any perfluoroalkyl substance or polyfluoroalkyl substance”; and
(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).
(b) Required adoption of final rule.—Upon publication of the final rule specified in subsection (a)(2), the Secretary shall adopt such final rule, regardless of whether the Secretary previously implemented the interim guidance specified in subsection (a)(1).
(c) Report.—Not later than one year after the date on which the Administrator of the Environmental Protection Agency publishes the final rule specified in subsection (a)(2), and annually thereafter for three years, the Secretary shall submit to the Administrator a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including—
(a) Public disclosure of PFAS testing of water.—
(1) IN GENERAL.—Except as provided in paragraph (2), not later than 10 days after the receipt of a validated result of testing water for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as “PFAS”) in a covered area, the Secretary of Defense shall publicly disclose such validated result, including—
(b) Public disclosure of planned PFAS testing of water.—Not later than 180 days after the date of the enactment of the Act, and every 90 days thereafter, the Secretary of Defense shall publicly disclose the anticipated timeline for, and general location of, any planned testing for perfluoroalkyl or polyfluoroalkyl substances proposed to be conducted in a covered area, including—
(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);
(d) Local notification.—Prior to conducting any testing of water for perfluoroalkyl or polyfluoroalkyl substances, including any testing which has not been planned or publicly disclosed pursuant to subsection (b), the Secretary of Defense shall provide notice of the testing to—
(1) the managers of the public water system serving the covered area where such testing is to occur;
(e) Methods for testing.—In testing water for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall adhere to methods for measuring the amount of such substances in drinking water that have been validated by the Administrator of the Environmental Protection Agency.
(f) Definitions.—In this section:
(1) The term “covered area” means an area in the United States that is located immediately adjacent to and down gradient from a military installation, a formerly used defense site, or a facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code.
(2) The term “formerly used defense site” means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the “Environmental Restoration Account, Formerly Used Defense Sites” account established under section 2703(a)(5) of title 10, United States Code.
(3) The term “military installation” has the meaning given such term in section 2801(c)(4) of title 10, United States Code.
(4) The term “perfluoroalkyl or polyfluoroalkyl substance” means any man-made chemical with at least one fully fluorinated carbon atom.
(5) The term “public water system” has the meaning given such term under section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)).
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.
(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:
(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).
(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.
(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.
(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).
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.
(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—
(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—
(c) Joint program.—
(1) ESTABLISHMENT.—As part of the demonstration initiative under subsection (a), the Secretary of Defense, in consultation with the Secretary of Energy, shall establish within the Department of Defense a joint program to carry out projects—
(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—
(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—
(B) PRIORITY.—In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall give priority to demonstration projects that—
(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;
(b) Selection of facilities.—
(1) SELECTION.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall select at least two geographically diverse Department facilities at which to carry out the pilot program. At least one such facility shall be a facility with an onsite refinery that is located in proximity to at least one major commercial airport that is also actively seeking to increase the use of sustainable aviation fuel.
(2) NOTICE TO CONGRESS.—Upon the selection of each facility under paragraph (1), the Secretary shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives notice of the selection, including an identification of the facility selected.
(c) Use of sustainable aviation fuel.—
(1) PLANS.—For each facility selected under subsection (b), not later than one year after the selection of the facility, the Secretary shall—
(A) develop a plan on how to implement, by September 30, 2028, a target of exclusively using at the facility aviation fuel that is blended to contain at least 10 percent sustainable aviation fuel;
(B) submit the plan to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and
(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:
(e) Waiver.—The Secretary may waive the use of sustainable aviation fuel at a facility under the pilot program if the Secretary—
(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—
(C) weight savings on large transportation aircraft and other types of aircraft with using blended fuel with higher concentrations of sustainable aviation fuel;
(g) Sustainable aviation fuel defined.—In this section, the term “sustainable aviation fuel” means liquid fuel that—
(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;
(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).
(a) Clarification of operational energy responsibilities.—Section 2926 of title 10, United States Code, is amended—
(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”;
(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.
“(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.
“(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
(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.
“(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.
(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).
(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:
(2) CLERICAL AMENDMENT.—The table of contents for such subchapter is amended by adding at the end the following new item:
“2927. Global bulk fuel management and delivery.”.
(b) 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.
(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.
(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—
(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—
(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.
(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.
(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:
(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.
(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—
(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;
(c) Comptroller General review.—
(1) IN GENERAL.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall—
(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—
(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)).
(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) 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.
(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—
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.”.
(a) In general.—Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section:
“(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:
“(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) 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.
“(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.
“(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.
(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—
(2) the process by which the Board would screen mishap investigations to identify unsatisfactory, biased, incomplete, or insufficient investigations requiring subsequent review by the Board, including whether the Board should review investigations meeting a predetermined threshold (such as all fatal mishaps or all Class A mishaps);
(3) the process by which the military departments, the Joint Safety Council established under section 352, and other components of the Department of Defense could refer pending or completed safety and legal investigations to the Board for review;
(4) the process by which the Board would evaluate a particular safety or legal investigation for accuracy, thoroughness, and objectivity;
(5) the requirements for and process by which the convening component of an investigation reviewed by the Board should address the findings of the Board’s review of that particular investigation;
(6) proposed procedures for safeguarding sensitive information collected during the investigation review process; and
(7) how and when the Board would be required to report to the Deputy Secretary of Defense and the Joint Safety Council established under section 352 on the activities of the Board, the outcomes of individual investigation reviews performed by the Board, and the assessment of the Board regarding cross-cutting themes and trends identified by those reviews; and
(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—
(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.
(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;
(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;
(c) Requirements.—In carrying out the pilot program, the Secretaries shall—
(1) assess the feasibility of using commercial technology, such as smartphones or technologies used by insurance companies, as a data recorder;
(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;
(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;
(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:
(f) Covered military tactical vehicles.—The pilot program shall cover the following military tactical vehicles:
(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—
(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;
(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:
(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.
(a) In general.—Section 482(b) of title 10, United States Code, is amended—
(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
(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”;
(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;
Section 8674(d) of title 10, United States Code is amended—
(1) in paragraph (1)—
(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.
(b) Annual report.—
(1) REPORTS REQUIRED.—Not later than December 31, 2022, and annually thereafter until December 31, 2027, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall submit to the congressional defense committees a report on the recruitment, training, and retention of members of the special operations forces who have proficiency in a critical language.
(2) ELEMENTS.—Each report under paragraph (1) shall include, with respect to the year for which the report is submitted, the following information:
(A) The number of candidates with demonstrated proficiency in a critical language who have been selected for participation in the initial assessment and qualification programs of the special operations forces, disaggregated by Armed Force of which the special operations force is a component.
(B) A description of any variance between the number specified in subparagraph (A) and the recruitment target specified in the strategy under subsection (a)(2)(B) for the corresponding year, including a justification for any such variance.
(C) As compared to the total number of members of the special operations forces—
(i) the percentage of such members who have maintained proficiency in a critical language, disaggregated by Armed Force;
(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—
(c) Definitions.—In this section:
(1) The term “critical language” means a language identified by the Director of the National Security Education Program as critical to national security.
(2) The term “proficiency” means proficiency in a language, as assessed by the Defense Language Proficiency Test.
(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.
(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).
(a) Subactivity group by future years.—Section 233 of title 10, United States Code, is amended—
(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.
(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.
(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) 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:
(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).
(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.
(c) Eligible participants.—If the Secretary establishes the Center authorized under subsection (a)—
(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).
(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—
(b) Consultations.—In carrying out the pilot program under subsection (a), the Secretary may consult with the working group established pursuant to section 1927 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 6 U.S.C. 1116 note).
(c) Termination.—The authority to carry out the pilot program under subsection (a) shall terminate on October 1, 2024.
(d) Definitions.—In this section:
(1) The term “covered institution of higher education” means an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), with demonstrated expertise in veterinary medicine for working canines.
(2) The term “covered national domestic canine association” means a national domestic canine association with demonstrated expertise in the breeding and pedigree of working canine lines.
(3) The term “explosives detection military working dog” means a canine that, in connection with the work duties of the canine performed for the Department of Defense, is certified and trained to detect odors indicating the presence of explosives in a given object or area, in addition to the performance of such other duties for the Department as may be assigned.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2022, as follows:
Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (5) and inserting the following new paragraphs:
(a) In general.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows:
(b) End strength reductions.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
(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.
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:
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:
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:
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”.
(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.
(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”.
Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection:
(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).”.
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—
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.
(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—
(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.
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)).
(a) Access.—
(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.
Section 710(c)(3) of title 10, United States Code, is amended by striking “two months” and inserting “one month”.
(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—
(c) Solemnity of military service.—Section 3 (50 U.S.C. 3802) is amended by adding at the end the following:
(d) Expanded registration to all Americans.—
(1) Section 3(a) (50 U.S.C. 3802(a)) is amended—
(2) Section 4(e) (50 U.S.C. 3803(e)) is amended by striking “enlisted men” and inserting “enlisted persons”.
(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
(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)”;
(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—
(B) in subsection (c)—
(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”;
(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)—
(7) in section (16)(g) (50 U.S.C. 3814(g))—
(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)—
(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—
(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—
(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))”.
(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:
(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.
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) 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:
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—
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.
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.
(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.
(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.
(a) Study; report.—Not later than September 30, 2022, the Secretary of Defense shall—
(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:
(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.
(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—
(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) 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—
(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.
(c) Reports.—
(1) IN GENERAL.—Not later than 270 days after the date on which a nonprofit entity or federally funded research and development center enters into an agreement under subsection (a) with the Secretary of Defense, such entity or center shall submit to the Secretary of Defense a report on the results of the research and analysis under subsection (a).
(a) In general.—Section 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice) is amended—
(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) In general.—Section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), is amended—
(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.
(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—
Section 825(e) of title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), is amended—
(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.
(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—
“(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.
“(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—
“(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—
“(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;
“(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.
“(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—
“(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.
“(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.
(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—
“(3) does so—
“(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).
(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.”.
(a) Delegation of authority to authorize exceptional eligibility for certain benefits.—Paragraph (4) of section 1059(m) of title 10, United States Code, is amended to read as follows:
“(4) (A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated.
“(B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.”.
(b) Extension of requirement for annual Family Advocacy Program report regarding child abuse and domestic violence.—Section 574(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141) is amended by striking “April 30, 2021” and inserting “April 30, 2026”.
(c) Implementation of Comptroller General recommendations.—
(1) IN GENERAL.—Consistent with the recommendations set forth in the report of the Comptroller General of the United States titled “Domestic Abuse: Actions Needed to Enhance DOD’s Prevention, Response, and Oversight” (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs (A) through (K).
(A) DOMESTIC ABUSE DATA.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following:
(i) Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including—
(I) data on the numbers and types of domestic abuse and domestic violence incidents involving members of the Armed Forces;
(II) the information required to be reported to the database on domestic violence incidents under section 1562 of title 10, United States Code; and
(III) data for inclusion in the reports regarding child abuse and domestic violence required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).
(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—
(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).
(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;
(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.
(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—
(H) GUIDANCE FOR VICTIM RISK ASSESSMENT.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that—
(I) IMPROVING FAMILY ADVOCACY PROGRAM AWARENESS CAMPAIGNS.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement—
(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—
(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—
(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:
(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:
(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:
(2) STAFFING TOOL DESCRIBED.—The staffing tool described in this paragraph is a tool that—
(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.
(C) BRIEFING AND REPORT.—
(i) BRIEFING.—Not later than one year following the submission of the first annual report required under paragraph (1), the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the preliminary observations made by the Comptroller General as part of the review required under subparagraph (A).
(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
(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—
(h) Definitions.—In this section:
(1) The term “appropriate congressional committees” means—
(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—
(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.
(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.
“(d) Removal of record.—The Secretary of Defense shall—
(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.
“(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
“(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—
“(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—
“(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.
“(4) The right be represented by qualified counsel in connection with the proceeding, which may include a Special Victims’ Counsel.
“(j) Restrictions on access to firearms.—
“(1) IN GENERAL.—Notwithstanding any other provision of law—
“(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;
“(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:
“(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;
(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:
“1801. Office of Countering Extremism.
“1802. Training and education.
“1803. Data collection and analysis.
“1804. Reporting requirements.
“1805. Definitions.
“(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—
“(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;
“(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:
“(D) How to recognize when an individual is being influenced by extremism or targeted for recruitment by extremist groups.
“(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:
“(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—
“(B) the rank, race, gender, and ethnicity of the individuals involved in the incident, complaint, 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;
“(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;
“§ 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;
(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.
(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):
(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:
(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
(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.
(C) An analysis of factors affecting the performance of military criminal investigate organizations, including—
(E) A description of any plans of the Secretary to develop a more professional workforce of military and civilian investigators.
(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—
(d) Definitions.—In this section:
(1) The term “appropriate congressional committees” means—
(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.
(c) Installation-specific reporting protocols.—
(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
(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.
(a) Information distribution.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
(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).
(c) Definitions.—In this section:
(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).
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).
(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—
“(b) Qualifications.—
“(1) QUALIFICATIONS OF SPECIAL VICTIM PROSECUTORS.—A special victim prosecutor shall be a commissioned officer of the armed forces who—
“(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;
“(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) 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.”.
(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.”.
Section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended—
(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);
(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—
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;
(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—
(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.”.
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”;
(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—
(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”.
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.
(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).”.
(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.—
(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.—
(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.”.
(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—
“(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;
“(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.
(a) Article 128b; domestic violence.—Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended—
(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)—
(B) by inserting after paragraph (2) the following new paragraph:
(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.
(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:
(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
(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)—
(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—
(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—
“(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—
“(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);
“(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.
“(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—
“(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—
“(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—
“(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.
(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—
(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—
“(B) whether the sentence is inappropriately severe—
(e) Conforming amendments.—
(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.
(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”.
(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—
(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—
(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.
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).
(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—
“(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.
“(e) Definitions.—In this section:
“(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—
“(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;
(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.”.
(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).
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.”
(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—
(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—
(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.
(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.
(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.
(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.
(a) Establishment.—Subsection (b) of section 1142 of title 10, United States Code, is amended by adding at the end the following new paragraph:
Section 1143(e)(2) of title 10, United States Code, is amended to read as follows:
(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:
“(B) Discrimination on the basis of sex (including pregnancy, sexual orientation, and gender identity).
“(N) Procedures for reporting and obtaining relief for discrimination, retaliation, hostile work environment with respect to each component of the workforce.
“(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—
(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.
(a) Expansion of JROTC curriculum.—Paragraph (3) of section 2031(b) of title 10, United States Code, is amended to read as follows:
(b) Plan to increase number of JROTC units.—The Secretary of Defense may, in consultation with the Secretaries of the military departments, develop and implement a plan to establish and support not fewer than 6,000 units of the Junior Reserve Officers’ Training Corps by September 30, 2031.
(c) Report required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the Junior Reserve Officers’ Training Corps programs of each Armed Force. The report shall include—
(1) an assessment of the current usage of the program, including the number of individuals enrolled in the program and the number of units established under the program;
(2) a description of the efforts of the Armed Forces to meet current enrollment targets for the program;
(a) Authority to award bachelor’s degrees.—Section 2168 of title 10, United States Code, is amended—
(2) by amending subsection (a) to read as follows:
(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.”.
(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:
“(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.
(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:
“(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) Air Force Academy.—
(1) IN GENERAL.—Chapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section:
“(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.
(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—
(a) United States Military Academy.—Section 7455 of title 10, United States Code, is amended by adding at the end the following new subsection:
(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—
“(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):
“(2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree.
“(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—
“(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—
“(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.
(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.”.
(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.”.
(a) Clarification regarding definition of rights and benefits.—Section 4303(2) of title 38, United States Code, is amended—
(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.”.
Section 565 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 8431 note prec.) is amended—
(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.
(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;
(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—
(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;
(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.
(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—
(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).
(b) Definitions.—In this section:
(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;
(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—
(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.
(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.
(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).
(c) Activities of Consortium.—The Consortium shall carry out the following activities:
(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.
(d) Members.—The Consortium shall be composed of representatives selected by the Secretary of Defense from the following organizations:
(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—
(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.
(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—
(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—
(2) a list of the proposed naval curriculum courses that have been submitted to the National Maritime Center for course credentialing approval; and
(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.
(D) An analysis of how professional military education has been applied and linked through all levels of Department of Defense education and training.
(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.
(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—
(b) Elements.—The study under subsection (a) shall identify, with regard to each training or course of education, the following:
(6) Legislation, regulation, instruction, or guidance that requires such training or course (if applicable).
(9) Analyses of—
(A) whether the metrics described in paragraph (7) are standardized across the military departments;
(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:
“(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.
(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).
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—
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)”.
(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—
(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.
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—
(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—
(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.
(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;
(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).
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:
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.
(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:
(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.
(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.
(a) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2022 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
(b) Impact aid for children with severe disabilities.—Of the amount authorized to be appropriated for fiscal year 2022 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $20,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).
(c) Local educational agency defined.—In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(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—
(c) Definitions.—In this section:
(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).
Section 113 of title 10, United States Code, is amended—
(1) in subsection (c)(2), by inserting before the semicolon the following: “, including the status of diversity and inclusion in the military service academies and the Senior Reserve Officers’ Training Corps programs of such department”;
(2) in subsection (l)(2)—
(a) Modification of content of certain surveys.—
(1) ARMED FORCES SURVEYS.—Section 481 of title 10, United States Code, is amended—
(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
(2) CIVILIAN EMPLOYEE SURVEYS.—Section 481a of title 10, United States Code, is amended—
(A) in subsection (b)—
(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:
(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.
(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—
“(B) the number of offenses in the armed force that were reported to military officials, disaggregated by—
“(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;
“(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—
“(c) Definitions.—In this section:
“(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—
“(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) Annual reports on sexual assaults.—
(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—
“(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.
“(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:
“(B) The nature of such complaint, including whether the complainant claims professional or social 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.
“(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:
“(B) A synopsis of each substantiated report, including the race and ethnicity of the victim and accused.
“(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:
“(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:
“(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) 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);
“(e) Publication.—The Secretary of Defense shall—
“(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.
“(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.
(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.
Section 554(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
(2) in paragraph (1)—
(3) in paragraph (2)—
(A) in the matter preceding clause (i) of subparagraph (A)—
(4) in paragraph (3)(A) in the matter preceding subparagraph (A), by striking “Deputy” and inserting “Assistant”;
(5) in paragraph (4)—
(B) in subparagraph (B)—
(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.).”;
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”.
(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;
(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—
(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) 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—
(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:
“(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.
“(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—
(3) in subsection (i), as redesignated—
(C) by adding at the end the following:
“(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).
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.
(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.
(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).
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:
“(4) SELECTION OF MILITARY INSTALLATIONS.—The Secretary of the military department concerned shall select, for review by an ICCRB, military installations that have—
“(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.
“(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—
“(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) Authorization of element of the Department of Defense; plan.—
(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) 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.
(f) Definitions.—In this section:
(2) PLANT-BASED PROTEIN OPTIONS.—The term “plant-based protein options” means edible products made to approximate the taste and texture of livestock-based protein, or vegan or vegetarian meat alternative products made using plant and other non-livestock-based proteins that are consistent with the nutritional properties of meat products.
(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.
(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) 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.
(a) In general.—Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section:
“(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).
“(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—
“(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.
“(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.
“(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—
“(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.
(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.”.
(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.
(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.
(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.”.
(c) Student dependent transportation.—
(1) IN GENERAL.—Section 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraphs:
“(18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is 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
(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—
(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.
(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.
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.
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.
(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—
(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”:
(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”:
(4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
(a) Expansion.—Section 701 of title 10, United States Code, is amended—
(1) in subsection (i)—
(A) in paragraph (1)—
(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—
(2) in subsection (j)—
(C) by inserting, after paragraph (1), the following new paragraph (2):
“(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—
(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):
(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—
(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;
(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) 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;
(a) In general.—Section 1059 of title 10, United States Code, is amended—
(2) in subsection (b)—
(A) in the heading, by striking “Punitive and Other Adverse Actions Covered” and inserting “Covered members”;
(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.
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.”.
Section 589(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
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.
(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:
(C) Commission a 30-day study that—
(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.
(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—
(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”.
Section 2484(h) of title 10, United States Code, is amended—
(1) in paragraph (5), by adding at the end the following new subparagraphs:
(2) by adding at the end the following new paragraph:
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.
(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:
“(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.
(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;
(c) Pilot program to streamline postpartum appointments.—
(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—
(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.—
(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.
(a) Eating disorders treatment for certain dependents.—Section 1079 of title 10, United States Code, is amended—
(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:
“(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) 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.”.
(c) Identification and treatment of eating disorders for members of the Armed Forces.—
(1) IN GENERAL.—Section 1090 of title 10, United States Code, is amended—
(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.
(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.”.
(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;
“(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) 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—
(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—
(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.
(c) Survivor benefit plan open enrollment period.—
(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—
(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;
(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.
Section 731(d) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1075 note) is amended—
(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.
(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.
Section 1073c(c)(5) of title 10, United States Code, is amended by striking “paragraphs (1) through (4)” and inserting “paragraph (3) or (4)”.
(a) Consultations required.—Section 1073c of title 10, United States Code, is amended—
(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—
(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.
“(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—
“(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).”.
Section 1090a of title 10, United States Code, is amended—
(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;
(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—
(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—
(c) Deployment assessments.—Section 1074f of title 10, United States Code, is amended—
(1) in subsection (b)(2), by adding at the end the following new subparagraph:
“(E) An assessment of whether the member was—
(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.
(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.
(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) Establishment of system.—Section 1110 of title 10, United States Code, is amended—
(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.
“(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—
(b) Conforming amendments.—Such section is further amended—
(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.
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.”.
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.
(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.
(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.
(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—
(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—
(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.
(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;
(a) Digital health strategy.—
(1) STRATEGY.—Not later than April 1, 2022, the Secretary of Defense shall develop a digital health strategy of the Department of Defense to incorporate new and emerging technologies and methods (including three-dimensional printing, virtual reality, wearable devices, big data and predictive analytics, and other innovative methods that leverage new or emerging technologies) in the provision of clinical care within the military health system.
(2) ELEMENTS.—The strategy under paragraph (1) shall address, with respect to future use within the military health system, the following:
(a) 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;
(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—
(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 risk assessment with respect to patient movement compared against overall operational plans;
(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:
(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.
(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) 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).
(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:
(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—
(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—
(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.
(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.
(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.
(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.
(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—
(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—
(a) Findings; Sense of Congress.—
(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.
(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.
(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—
(b) Waiver.—The Secretary of Defense may waive a prohibition under subsection (a) if the Secretary—
(2) not later than 14 days after granting the waiver, submits to the congressional defense committees a detailed justification for the waiver, including—
(D) an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable);
(a) Agreement.—
(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.
(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—
(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—
(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—
(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.
(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:
(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).
(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—
(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.
(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—
(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.
(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).
(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—
(c) Access by Comptroller General.—
(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.
(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.
(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—
(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.
(a) Study.—The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall conduct a study on—
(b) Elements.—The study under subsection (a) shall assess the following:
(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.
(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—
(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—
(d) Definitions.—In this section:
(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).
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.
(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—
(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.
(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.
(b) Sense of Congress.—It is the sense of Congress that Congress—
(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—
“(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—
“(B) the effects of climate change and the need to invest in mitigating such effects throughout the full life cycle of a project;
“(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
“(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.
“(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—
“(II) integration of the program into the programming, planning, budgeting, and execution process of the Department of Defense;
“(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—
“(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;
“(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;
“(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.”.
(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—
“(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;
“(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—
“(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—
“(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.”.
(a) Prohibition.—
(1) IN GENERAL.—Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:
“(a) In general.—Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation.
“(c) Exceptions.—
“(1) IN GENERAL.—Subsection (a) does not apply under the following circumstances:
“(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) 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:
(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.
(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:
“(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—
“(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.);
“(C) subchapter IV of chapter 31 of title 40 (known as the ‘Davis-Bacon Act’).”.
(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;
“(E) the value of first-tier subcontracts under each major contract entered into during such fiscal year;
“(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
“(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).
“(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:
“(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—
“(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.
(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.”.
(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:
(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—
(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—
(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.
Section 1762(g) of title 10, United States Code, is amended by striking “2023” and inserting “2025”.
Section 2306a(a)(6) of title 10, United States Code, is amended—
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)—
(C) by adding at the end the following new paragraph:
“(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—
“(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.).”.
(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,”;
(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;
(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—
“(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.
(c) Repeals.—
(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.
(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).
Section 2534 of title 10, United States Code, is amended—
(a) Competition requirements for purchases from Federal Prison Industries.—Section 3905 of title 10, United States Code, as transferred and redesignated by section 1838(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by striking subsections (a) and (b) and inserting the following new sections:
“(a) Market research.—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog published under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether such product—
“(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.”.
(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—
(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;
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—
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).
(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—
(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;
(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
(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.
(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.
(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—
(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—
(c) Definitions.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the following:
(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”—
(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.
(a) Assessment required.—
(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;
(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—
(a) Supply and demand requirements.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
(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.
(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.
(c) Definitions.—In this section:
(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.
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.
“(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.
“(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—
“(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
“(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.
“(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)).
(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—
(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—
(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.
(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—
(f) Termination date.—The pilot programs established under this section shall terminate on December 31, 2027.
(g) Definitions.—In this section:
(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—
(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—
(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)).
(a) In general.—Section 2533d of title 10, United States Code, is amended—
(1) in subsection (a)—
(2) in subsection (c)—
(A) in paragraph (2)—
(ii) in subparagraph (A), by striking “(as such terms are defined under sections 103 and 103a of title 41, respectively)”; 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.—
(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.
(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”;
(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”;
(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.”.
(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—
(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;
(c) Definitions.—In this section:
(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).
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);
“(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;
(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:
(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—
(d) Award criteria.—The Administrator may only provide a grant under this section to a covered entity that—
(1) demonstrates deep technical expertise in key emerging technologies and technical standards, including artificial intelligence and related technologies;
(2) commits personnel with such expertise to regular participation in global bodies responsible for developing standards for such technologies over the period of the grant;
(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.
(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—
(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.
(c) Mission managers.—
(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—
(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);
(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.
(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—
(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—
(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.
(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—
(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—
(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:
(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).
(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.
(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—
(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.
(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—
(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) 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—
(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,”.
(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);
(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.
(I) Interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards.
(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.
(a) In general.—The Department of Defense Climate Working Group established pursuant to Executive Order 14008 (86 Fed. Reg. 7619, related to tackling the climate crisis), in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, shall assess and develop recommendations for implementing, in regulations, the acquisition practices and policies described in subsection (b) with respect to acquisitions by the Department of Defense.
(b) Acquisition practices and policies.—The practices and policies described in this subsection are—
(1) acquisition planning practices that promote the acquisition of resource-efficient goods and services and that support innovation in environmental technologies, including—
(A) weighing the cost savings and resource and energy preservation of environmentally preferable goods or services against the speed and uniformity of traditional goods or services when identifying requirements or drafting the statement of work;
(B) designing the technical specifications that set product performance levels to diminish greenhouse gas emissions;
(C) restricting the statement of work or specifications to only environmentally preferable goods or services where the quality, availability, and price comparable to traditional goods or services;
(2) source selection practices that promote the acquisition of resource-efficient goods and services and that support innovation in environmental technologies, including—
(A) considering any low-carbon or low-toxicity criteria as competition factors on the basis of which the award is made in addition to cost, past performance, and quality factors;
(B) using accepted standards, emissions data, certifications, and labels to verify the environmental impact of a good or service and enhance procurement efficiency;
(C) training acquisition professionals to evaluate the credibility of certifications and labels purporting to convey information about the environmental impact of a good or service; and
(D) considering all the costs of a good or service that will be incurred throughout its lifetime by calculating and measuring operating costs, maintenance, end of life costs, and residual value, including costs resulting from the carbon and other greenhouse gas emissions associated with the good or service; and
(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—
Section 113(a) of title 10, United States Code, is amended—
(2) by striking the second sentence and inserting the following new paragraph:
“(2) (A) Except as provided by subparagraph (B), a person may not be appointed as Secretary of Defense during the period of 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in pay grade O–6 or above.
“(C) In this subsection, the term ‘joint resolution of approval’ means a joint resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: “The Congress approves exempting _____ from the prohibition under section 113(a) of title 10, United States Code, pursuant to the request of the President for such exemption submitted to Congress on ______.”, with the blank spaces being filled with the appropriate name and date, respectively.”.
Section 901(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “, except that any officer or employee so designated may not be an individual who served as the Chief Management Officer before the date of the enactment of this Act”.
(a) Designation.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense to be responsible for, and accountable to the Secretary with respect to, the implementation of the electromagnetic spectrum superiority strategy. The Secretary shall designate the senior official from among individuals who are appointed to a position in the Department by the President, by and with the advice and consent of the Senate.
(b) Responsibilities.—The senior official designated under subsection (a) shall be responsible for the following:
(1) Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development necessary to implement the electromagnetic spectrum superiority strategy.
(2) Evaluating whether the amount that the Department of Defense expends on electromagnetic warfare and electromagnetic spectrum operations capabilities is properly aligned.
(c) Report.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that includes the following:
(d) Implementation plan.—
(1) SUBMISSION.—Not later than 15 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a complete copy of the implementation plan signed by the Secretary of Defense in July 2021 for the Electromagnetic Spectrum Superiority Strategy published in October 2020.
(2) REPORT.—Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the implementation plan specified in paragraph (1). The report shall include—
(A) an evaluation of the additional personnel, resources, and authorities the Secretary determines will be needed by the senior official of the Department of Defense designated under subsection (a) who is responsible for implementing the Electromagnetic Spectrum Superiority Strategy published in October 2020; and
(e) Limitation on availability of funds; quarterly briefings.—
(1) LIMITATION.—Of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 for the Office of the Under Secretary of Defense for Acquisition and Sustainment for the travel of persons—
(A) not more than 25 percent may be obligated or expended until the Secretary provides to the congressional defense committees the first quarterly briefing under paragraph (2);
(2) QUARTERLY BRIEFINGS.—On a quarterly basis during the one-year period beginning on the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the status of the implementation plan specified in subsection (d)(1). Each briefing shall include the following:
(a) Treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity.—
(1) TRANSFER TO CHAPTER 8.—Section 146 of title 10, United States Code, is transferred to subchapter I of chapter 8 of such title, inserted after section 197, and redesignated as section 198.
(2) TREATMENT AS DEPARTMENT OF DEFENSE FIELD ACTIVITY.—Section 198(a) of such title, as transferred and redesignated by subsection (a) of this subsection, is amended—
(A) by striking “in the Office of the Secretary of Defense an office to be known as the” and inserting “in the Department of Defense an”; and
(B) by adding at the end the following: “The Secretary shall designate the Office as a Department of Defense Field Activity pursuant to section 191, effective as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).”.
(3) APPOINTMENT OF DIRECTOR.—Such section 198 is further amended—
(4) CLERICAL AMENDMENTS.—
(A) CHAPTER 4.—The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 146.
(b) Limitation on involuntary separation of personnel.—No personnel of the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)), may be involuntarily separated from service with that Office during the one-year period beginning on the date of the enactment of this Act, except for cause.
(c) Administration of programs.—Any program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) shall be administered by the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)).
(d) Conforming repeal.—Section 905 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is repealed.
Section 167(k) of title 10, United States Code, is amended—
Section 8062(d) of title 10, United States Code, is amended by inserting “the Space Force,” after “the Air Force,”.
(a) Sense of Congress.—It is the sense of Congress that—
(1) Congress established the Space Force to improve the acquisition of resilient satellite and ground system architectures, encourage personnel retention, and emphasize the need to organize, train, and equip for a potential future conflict in the space domain;
(2) as the Space Force continues efforts to become fully operational, it should remain committed to building a “lean, agile, and fast” organization, as the Chief of Space Operations, General John W. Raymond, has often stated; and
(3) in areas in which legislative action is needed, including with respect to organizational structure and personnel requirements, the Secretary of the Air Force and the Chief of Space Operations should maintain consistent communication with Congress to ensure that the founding principle behind the establishment of the Space Force—to build a small organization responsive to a rapidly changing domain—is upheld.
(b) Implementation date for Service Acquisition Executive of the Department of the Air Force for Space Systems and Program.—
(1) IMPLEMENTATION DATE.—Section 957 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note) is amended—
(A) in subsection (a), by striking “Effective October 1, 2022, there shall be” and inserting “Effective on the date specified in subsection (d), there shall be”;
(B) in subsection (b)—
(2) CONFORMING AMENDMENTS.—
(A) TRANSFER OF ACQUISITION PROJECTS FOR SPACE SYSTEMS AND PROGRAMS.—Section 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note) is amended—
(B) RESPONSIBILITIES OF ASSISTANT SECRETARY OF THE AIR FORCE FOR SPACE ACQUISITION AND INTEGRATION.—Section 9016(b)(6)(B)(vi) of title 10, United States Code, is amended by striking “Effective as of October 1, 2022, in accordance with section 957 of that Act,” and inserting “Effective as of the date specified in section 957(d) of such Act, and in accordance with such section 957,”.
(c) Senior procurement executive authorities.—
(1) OFFICE OF THE SECRETARY OF THE AIR FORCE.—Section 9014(c) of title 10, United States Code, is amended—
(A) in paragraph (2), by striking “The Secretary of the Air Force shall” and inserting “Subject to paragraph (6), the Secretary of the Air Force shall”; and
(2) ASSISTANT SECRETARIES OF THE AIR FORCE.—Section 9016(b)(6)(B)(vi) of title 10, United States Code, as amended by subsection (b)(2)(B) of this section, is further amended by inserting “and discharge any senior procurement executive duties and authorities assigned by the Secretary of the Air Force pursuant to section 9014(c)(6) of this title” after “Space Systems and Programs”.
(a) Report required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility of establishing an office within the Department of Defense to oversee sanctions with respect to Chinese military companies.
(b) Elements.—The report under subsection (a) shall include, at a minimum, the following:
(c) Chinese military company defined.—In this section, the term “Chinese military company” has the meaning given that term in section 1260H(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(a) Review required.—
(1) IN GENERAL.—The Secretary of Defense shall provide for an independent review of the current Unified Command Plan.
(2) ELEMENTS.—The review required by paragraph (1) shall include the following:
(B) An evaluation of the missions, responsibilities, and associated force structure of each geographic and functional combatant command.
(E) Recommendations, if any, for how combatant command assessments of the capabilities and capacities required to conduct the routine and contingency operations assigned to such commands can more effectively drive military service modernization and procurement planning.
(3) CONDUCT OF REVIEW BY INDEPENDENT ENTITY.—
(A) IN GENERAL.—The Secretary shall—
(B) ENTITY DESCRIBED.—An entity described in this subparagraph is—
(ii) an independent, nongovernmental institute that—
(I) is described in section 501(c)(3) of the Internal Revenue Code of 1986;
Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to authorize or require the relocation of any facility, infrastructure, or military installation of the Space National Guard or Air National Guard.
(a) Requirement.—Except as specifically provided by this subtitle, the Secretary of the Air Force and Chief of the National Guard Bureau shall implement this subtitle, and the amendments made by this subtitle, not later than 18 months after the date of the enactment of this Act.
(b) Briefings.—Not later than 90 days after the date of the enactment of this Act, and annually for the five subsequent years, the Secretary of the Air Force, Chief of the Space Force and Chief of the National Guard Bureau shall jointly provide to the congressional defense committees a briefing on the status of the implementation of the Space National Guard pursuant to this subtitle and the amendments made by this subtitle. This briefing shall address the current missions, operations and activities, personnel requirements and status, and budget and funding requirements and status of the Space National Guard, and such other matters with respect to the implementation and operation of the Space National Guard as the Secretary and the Chiefs jointly determine appropriate to keep Congress fully and currently informed on the status of the implementation of the Space National Guard.
(a) Definitions.—
(1) TITLE 10, UNITED STATES CODE.—Title 10, United States Code, is amended—
(A) in section 101—
(i) in subsection (c)—
(II) by inserting after paragraph (5) the following new paragraphs:
“(6) The term ‘Space National Guard’ means that part of the organized militia of the several States and territories, Puerto Rico, and the District Of Columbia, active and inactive, that—
(2) TITLE 32, UNITED STATES CODE.—Section 101 of title 32, United States Code is amended—
(B) by inserting after paragraph (7) the following new paragraphs:
“(8) The term ‘Space National Guard’ means that part of the organized militia of the several States and territories, Puerto Rico, and the District Of Columbia, in which the Space Force operates, active and inactive, that—
(b) Reserve components.—Chapter 1003 of title 10, United States Code, is amended—
(1) by adding at the end the following new sections:
“§ 10115. Space National Guard of the United States: composition
“The Space National Guard of the United States is the reserve component of the Space Force that consists of—
(2) in the table of sections at the beginning of such chapter, by adding at the end the following new items:
“10115. Space National Guard of the United States: composition.
“10116. Space National Guard: when a component of the Space Force.
“10117. Space National Guard of the United States: status when not in Federal service.”.
(a) Authority to transfer authorizations.—
(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2022 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(b) Limitations.—The authority provided by subsection (a) to transfer authorizations—
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
(a) Subactivity group by future years.—Section 233 of title 10, United States Code, is amended—
(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. For each major weapon system, by designated mission design series, variant, or class, the budget display required under this subsection for the budget year shall include each of the following:
“(1) The material availability objective established in accordance with the requirements of section 118 of this title.
“(2) The funds obligated by subactivity group within the operation and maintenance accounts for the second fiscal year preceding the budget year.
“(3) The funds estimated to be obligated by subactivity group within the operation and maintenance accounts for the fiscal year preceding the budget year.
“(4) The funds budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group.
“(5) A narrative discussing the performance of the Department against established material readiness objectives for each major weapon system by mission design series, variant, or class (and any related supply chain risks) and any specific actions or investments the Department intends to take to achieve the material readiness objectives for each such system.”.
(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.
Section 2218a(k)(3) of title 10, United States Code, is amended by adding at the end the following new subparagraphs:
(a) Technical correction.—The second section 8692 of title 10, United States Code, as added by section 1026 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is redesignated as section 8693 and the table of sections at the beginning of chapter 863 of such title is conformed accordingly.
(b) Modification of report.—Such section is further amended—
(3) by adding at the end the following new subsection:
“(b) Solicitation and analysis of information.—In order to carry out subsection (a)(2), the Secretary of the Navy and Secretary of Labor shall—
“(1) solicit information regarding the age demographics and occupational experience level from the private shipyards of the shipbuilding defense industrial base; and
“(2) analyze such information for findings relevant to carrying out subsection (a)(2), including findings related to the current and projected defense shipbuilding workforce, current and projected labor needs, and the readiness of the current and projected workforce to supply the proficiencies analyzed in subsection (a)(1).”.
(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall update the policy for the Joint Capabilities Integration and Development System to ensure that the guidance for setting sustainment key performance parameters for shipbuilding programs accounts for all factors that could affect the operational availability and materiel availability of a ship. Such changes shall include—
(b) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to congressional defense committees a report on the plan of the Secretary to—
(c) Comptroller general review.—Not later than one year after the Secretary of Defense submits the report required under subsection (b), the Comptroller General of the United States shall submit to the congressional defense committees an assessment of such report that includes an evaluation of—
(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to retire, prepare to retire, or place in storage any Mark VI patrol boat.
(b) Report.—Not later than February 15, 2022, the Secretary of the Navy, in consultation with the Commandant of the Marine Corps, shall submit to the congressional defense committees a report that includes each of the following:
(1) The rationale for the retirement of existing Mark VI patrol boats, including an operational analysis of the effect of such retirements on the warfighting requirements of the combatant commanders.
(3) A description of the manner and concept of operations in which the Marine Corps could use the Mark VI patrol boat to support distributed maritime operations, advanced expeditionary basing operations, and persistent presence near maritime choke points and strategic littorals in the Indo-Pacific region.
(4) An assessment of the potential for modification, and the associated costs, of the Mark VI patrol boat for the inclusion of loitering munitions or anti-ship cruise missiles, such as the Long Range Anti Ship Missile and the Naval Strike Missile, particularly to support the concept of operations described in paragraph (3).
(5) A description of resources required for the Marine Corps to possess, man, train, and maintain the Mark VI patrol boat in the performance of the concept of operations described in paragraph (3) and modifications described in paragraph (4).
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the security of global maritime chokepoints from the threat of hostile kinetic attacks, cyber disruptions, and other form of sabotage. The report shall include an assessment of each of the following with respect to each global maritime chokepoint covered by the report:
(1) The expected length of time and resources required for operations to resume at the chokepoint in the event of attack, sabotage, or other disruption of regular maritime operations.
(a) In general.—Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section:
“§ 8694. Annual report on ship maintenance
“(a) Report required.—Not later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following:
“(1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull.
“(4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability.
(a) Limitation on availability of funds.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage a cruiser.
Section 485(b) of title 10, United States Code, is amended—
Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271 note) is amended by striking “2022” and inserting “2024”.
No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2022, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows:
Section 8062(d) of title 10, United States Code, is amended by inserting “the Coast Guard,” after “the Air Force,”.
(b) Clerical amendment.—The table of sections at the beginning of chapter 67 of such title is amended by striking the item relating to section 1385 and inserting the following new item:
“1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus”.
(a) In general.—Chapter 23 of title 10, United States Code, is amended by inserting after section 481a the following new section:
“§ 481b. Program to improve relations between members of the Armed Forces and military communities
“(a) Survey.— (1) The Secretary of Defense, acting through the Office of Diversity Management and Equal Opportunity, shall conduct a biennial survey of covered individuals regarding relations between covered individuals and covered communities.
“(2) The survey shall be conducted to solicit information from covered individuals regarding the following:
“(B) Relationships of covered individuals with the covered community. including support services and acceptance of the military community.
“(C) Availability of housing, employment opportunities for military spouses, health care, education, and other relevant issues.
“(D) Initiatives of local government and community organizations in addressing diversity, equity, and inclusion.
“(c) Coordination.—To support activities under this section, the Secretary of Defense may coordinate with local governments or not-for-profit organizations that represent covered individuals.
“(d) Report.— (1) Not later than September 30 of every other year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the most recent survey under subsection (a).
“(e) Definitions.—In this section:
“(1) The term ‘covered community’ means a military installation designated under subsection (e)(3)(A) and the area within 10 miles of such military installation.
“(2) The term ‘covered individual’ means any of the following who lives in a covered community or works on a military installation in a covered community:
“(3) The term ‘military installation’ has the meaning given such term in section 2801 of this title.”.
(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 481a the following new item:
“481b. Program to improve relations between members of the Armed Forces and military communities.”.
(c) Implementation.—The Secretary of Defense shall carry out the first survey under section 481b(a) of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act.
Section 2566 of title 10, United States Code is amended—
(a) In general.—The Under Secretary of Defense for Acquisition and Sustainment shall initiate a process to review and revise the system used by the Department of Defense for categorizing unmanned aircraft systems, as described in Joint Publication 3–30 titled “Joint Air Operations”.
(b) Required elements for revision.—In revising the characteristics associated with any of the five categories of unmanned aircraft systems in effect as of the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall consider the effect a revision would have on—
(c) Consultation requirements.—In carrying out the review required under subsection (a), the Under Secretary of Defense for Acquisition and Sustainment shall consult with—
(d) Report required.—Not later than March 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report describing the results of the review initiated under subsection (a), any revisions planned to the system used by the Department of Defense for categorizing unmanned aircraft systems as a result of such review, and a proposed implementation plan and timelines for such revisions.
Of the amounts authorized to be appropriated for fiscal year 2022 by section 301 for operation and maintenance and available for the Office of the Secretary of Defense for the travel of persons as specified in the table in section 4301—
(1) not more than 25 percent shall be available until the date on which the report required by subsection (h)(1) of section 1631 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services House of Representatives; and
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense, may be obligated or expended to acquire, loan, transfer, sell, or otherwise provide equipment to a department or Federal agency for use by such department or agency in exercising authorities or taking actions pursuant to section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n).
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to construct, plan, or design a new headquarters building for United States Space Command until the Inspector General of the Department of the Defense and the Comptroller General of the United States complete site selection reviews for such building.
Section 119a of title 10, United States Code, is amended by adding at the end the following new subsection:
“(g) Congressional notification requirements.—
“(1) NOTICE OF INITIATION.—Not later than 30 days after receiving notice of the establishment of any new program to be managed under alternative compensatory control measures, the Under Secretary of Defense for Policy shall submit to the congressional defense committees notice of such new program. Such notice shall include—
(a) Modification of limitation.—Section 134(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2037) is amended by striking “the report under subsection (e)(2)” and inserting “a report that includes the information described in subsection (e)(2)(C)”.
(b) Comparative testing reports required.—
(1) REPORT FROM DIRECTOR OF OPERATIONAL TEST AND EVALUATION.—Not later than 45 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that includes the information described in section 134(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038).
(2) REPORT FROM SECRETARY OF THE AIR FORCE.—Not later than 45 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the information described in section 134(e)(2)(C) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038).
Section 1014 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended by striking “December 31, 2022” and inserting “December 31, 2023”.
Section 1061 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 111 note) is amended—
(1) in subsection (b)(2), by adding at the end the following new subparagraphs:
“(E) The submission of the report required under section 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-5).
(a) In general.—Not later than March 31, 2022, each commander of a geographic combatant command shall submit to the congressional defense committees a report containing an assessment of the level of operational risk to that command posed by the plan of the Air Force to modernize and restructure airborne intelligence, surveillance, and reconnaissance capabilities to meet near-, mid-, and far-term contingency and steady-state operational requirements against adversaries in support of the objectives of the 2018 national defense strategy.
(b) Plan assessed.—The plan of the Air Force referred to in subsection (a) is the plan required under section 142 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(c) Assessment of risk.—In assessing levels of operational risk for purposes of subsection (a), a commander shall use the military risk matrix of the Chairman of the Joint Chiefs of Staff, as described in CJCS Instruction 3401.01E.
Not later than 30 days after the date on which the President's budget is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2023, 2025, and 2027, the Secretary of the Air Force shall submit to the congressional defense committees an assessment of the Air Force Test Center. Each such assessment shall include, for the period covered by the assessment, a description of—
Not later than March 1, 2022, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on legacy platforms within the Department of Defense and the projected relevance and resiliency of such platforms to emerging threats over the next 50 years. Such report shall include—
(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes a detailed description of each of the following:
(1) The doctrine, organization, training, materiel, leadership and education, personnel, and facilities required to operate and maintain a force of 24 to 35 Light Amphibious Warships, as well as the feasibility of accelerating the current Light Amphibius Warship procurement plan and delivery schedule.
(2) The specific number, type, and mix of manned and unmanned strategic mobility wing-in-ground effect platforms required to support distributed maritime operations and expeditionary advanced base operations.
(3) The feasibility of the Navy and Marine Littoral Regiments using other joint and interagency mobility platforms prior to the operational availability of Light Amphibious Warships or wing-in-ground effect platforms, including—
(A) United States Army Transportation Command’s more than 100 LCU-2000, Runnymede-class and the eight General Frank S. Besson-class logistics support vessels;
(4) The specific number, type, and mix of long range unmanned surface vessel platforms required to support distributed maritime operations, expeditionary advanced base operations, along with their operational interaction with the fleet’s warfighting capabilities;
(a) Sense of congress.—It is the Sense of Congress that—
(1) forward deployed military forces, particularly those west of the International Date Line, play an indispensable role in deterring aggression in the Indo-Pacific and reassuring allies;
(b) Assessment required.—Not later than 180 days after the date of the enactment of this Act, the Commander of United States Indo-Pacific Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to each of the following:
(1) The number of bombers required to be continually present in the Indo-Pacific region, the number of bombers required outside Indo-Pacific region, and the number of tankers necessary to support bomber refueling sorties in order to execute the operational and contingency plans assigned to the Commander of Indo-Pacific Command.
(2) The operational, deterrent, and strategic effect if the required number of bombers were not present in the Indo-Pacific region during a conflict scenario.
(c) Report required.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Commander of United States Indo-Pacific Command shall submit to the congressional defense committees a report that includes the following information:
(1) The number of freedom of navigation operations conducted in the Indo-Pacific each year since 2013.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the independent assessment of the Secretary with respect to each of the following:
(1) The manner in which Diego Garcia, British Indian Ocean Territory, could contribute to the execution of the operational and contingency plans of the Department of Defense, as well as the peacetime forward posture of the Department.
(2) The operational benefits of hardening facilities on Diego Garcia, including the installation of an Integrated Air and Missile Defense system.
(4) Potential tradeoffs and costs associated with hardening facilities or prepositioning munitions on Diego Garcia.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the participation of the United States in the 2019 World Military Games. Such report shall include a detailed description of each of the following:
(1) The number of United States athletes and staff who attended the 2019 World Military Games and became ill with COVID-19-like symptoms during or shortly upon their return to the United States.
(2) The results of any blood testing conducted on athletes and staff returning from the 2019 World Military Games, including whether those blood samples were subsequently tested for COVID-19.
(3) The number of home station Department of Defense facilities of the athletes and staff who participated in the 2019 World Military Games that experienced outbreaks of illnesses consistent with COVID-19 symptoms upon the return of members of the Armed Forces from Wuhan, China.
(4) The number of Department of Defense facilities visited by team members after returning from Wuhan, China, that experienced COVID-19 outbreaks during the first quarter of 2020, including in relation to the share of other Department of Defense facilities that experienced COVID-19 outbreaks through March 31, 2020.
(5) Whether the Department tested members of the Armed Forces who traveled to Wuhan, China, for the World Military Games for COVID-19 antibodies, and what portion, if any, of those results were positive, and when suchtesting was conducted.
(6) Whether there are, or have been, any investigations, including under the auspices of an Inspector General, across the Department of Defense or the military departments into possible connections between United States athletes who traveled to Wuhan, China, and the outbreak of COVID-19.
(7) Whether the Department has engaged with the militaries of allied or partner countries about illnesses surrounding the 2019 World Military Games, and if so, how many participating militaries have indicated to the Department that their athletes or staff may have contracted COVID-19-like symptoms during or immediately after the Games.
(a) Reports.—Not later than December 31, 2021, and annually thereafter until December 31, 2026, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on Afghanistan. Such report shall address, with respect to Afghanistan, the following matters:
(4) The location of such over the horizon force, to include the current locations of the forces and any plans to adjust such locations.
(7) Any plans to expand or adjust such over the horizon force capabilities in the future, to account for evolving terrorist threats in Afghanistan.
(9) An assessment of the quantity and types of U.S. military equipment remaining in Afghanistan, including an indication of whether the Secretary plans to leave, recover, or destroy such equipment.
(10) Contingency plans for the retrieval or hostage rescue of United States citizens located in Afghanistan.
(11) Contingency plans related to the continued evacuation of Afghans who hold special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) or who have filed a petition for such status, following the withdraw of the United States Armed Forces from Afghanistan.
(12) A concept of logistics support to support the over the horizon force of the United States, including all basing and transportation plans.
(13) An assessment of changes in the ability of al-Qaeda and ISIS-K to conduct operations outside of Afghanistan against the United States and U.S. allies.
(14) An intelligence collection posture of over the horizon intelligence assets, including with respect to ground and air assets, and the effect of such assets on current operations.
(b) Briefings.—Not later than December 31, 2021, and on bi-annual basis thereafter until December 31, 2026, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the matters specified in subsection (a).
(c) Form.—The reports and briefings under this section may be submitted in either unclassified or classified form, as determined appropriate by the Secretary.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Commander of United States Central Command, shall submit to the congressional defense committees a report regarding the covered United States equipment, property, and classified material that was destroyed, surrendered, or abandoned in Afghanistan during the covered period. Such report shall include each of the following:
(1) A determination of the value of the covered United States equipment, property, and classified material that was destroyed, surrendered, or abandoned, disaggregated by military department and itemized to the most specific feasible level.
(2) An itemized list of destroyed, surrendered, or abandoned aircraft, aircraft parts and supply, and aircraft maintenance items, including aircraft, aircraft parts and supply, and aircraft maintenance items formerly possessed by the Afghan Air Force or the former government of Afghanistan.
(3) An itemized list of destroyed, surrendered, or abandoned fuel and fuel dispensing equipment, disaggregated by military department.
(4) An itemized list of destroyed, surrendered, or abandoned weapons, weapon systems, components of weapons or weapon systems, ammunition, explosives, missiles, ordnance, bombs, mines, or projectiles, disaggregated by military department.
(5) For each item on a list referred to in paragraphs (2) through (4), an explanation of the legal authority relied upon to destroy, surrender, or abandon that specific item.
(6) An evaluation of the capabilities of the Taliban post-withdrawal as a result of their seizure of surrendered or abandoned covered United States equipment, property, and classified material.
(7) An assessment of the damage to the national security interests of the United States as a result of the destroyed, surrendered, or abandoned covered United States equipment, property, and classified material.
(b) Executive summary of report.—The report required under subsection (a) shall include an executive summary of the report, which shall be unclassified and made publicly available.
(c) Briefing.—Not later than 200 days after the date of the enactment of this Act, the Secretary of Defense, the Secretaries of the military departments, and the Commander of United States Central Command shall provide to the congressional defense committees a briefing on the report required by this section.
(d) Definitions.—In this section:
(1) The term “covered United States equipment, property, and classified material” means any of the following items formerly owned by the Government of the United States or provided by the United States to the former government or military of Afghanistan during the covered period:
(A) Real property, including any lands, buildings, structures, utilities systems, improvements, and appurtenances, thereto, including equipment attached to and made part of buildings and structures, but not movable equipment.
(B) Personal property, including property of any kind or any interest therein, except real property.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a to the congressional defense committees a report that includes—
(1) a detailed description of the manner in which United States territories and possessions in the Pacific could contribute to the execution of the operational and contingency plans of the Department of Defense, as well as the peacetime forward posture of the Department;
(2) an assessment of the required resources associated with environmental restoration and military construction on United States territories and possessions in the Pacific in order to facilitate the presence of United States military forces;
(a) In general.—Not later than February 15, 2023, the Secretary of Homeland Security shall submit to Congress a report on the viability of establishing an explosive ordnance disposal program in the Coast Guard.
(b) Contents.—The report required under subsection (a) shall contain, at a minimum, the following:
(1) Organization of explosive ordnance disposal elements within the Coast Guard, with discussion on whether the Coast Guard explosive ordnance disposal capability belongs in the Maritime Safety and Security Teams, the Maritime Security Response Team, a combination of the Maritime Safety and Security Teams and the Maritime Security Response Teams, or elsewhere in the Coast Guard,
(2) A description of vehicles, that are Coast Guard airframe and vessel transportable, required for explosive ordnance disposal elements.
(3) A description of dive craft, that are Coast Guard airframe and vessel transportable, required for explosive ordnance disposal elements.
(4) Locations of Coast Guard stations that portable explosives storage magazines will be available for explosive ordnance disposal elements.
(5) Identify Coast Guard stations that will have pre-positioned explosive ordnance disposal elements equipment.
(6) An explanation of how the Coast Guard explosive ordnance disposal elements will support the Department of Homeland Security and Department of Justice, and the Department of Defense in war-time, on mission sets to counter improvised explosive device, counter unexploded ordnance, and combat weapons of destruction, including award of the Presidential Service Badge and Certificate to explosive ordnance disposal-qualified Coast Guardsman for protection of the President of the United States, and how the Coast Guard explosive ordnance disposal elements will support national security special events.
(7) A cost to benefit analysis of using the Army, Marine Corps, Navy, or Air Force Scuba Diver course prior to Coast Guardsman attending the Navy conducted explosive ordnance disposal course, and the required initial and annual sustainment training seats for the diver course, the explosive ordnance disposal course, and the parachutist course (through the Army, Marine, Navy, and Air Force).
(8) An identification of the career progression of Coast Guardsman from Seaman Recruit to that of Command Master Chief Petty Officer, Chief Warrant Officer 2 to that of Chief Warrant Officer 4, and Ensign to that of Rear Admiral.
(9) An identification of initial and annual budget justification estimates on a single program element of the Coast Guard explosive ordnance disposal program for each of—
(a) In general.—Not later than February 15, 2022, the Commander of the United States Northern Command, in consultation and coordination with United States European Command and United States Indo-Pacific Command, the military services, and defense agencies, shall conduct an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives:
(1) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region.
(2) The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region.
(b) Elements.—The assessment required by paragraph (1) shall include the following:
(1) An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in paragraph (1), which shall be informed by—
(A) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the joint force within the Arctic region, and scenarios that consider—
(i) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region;
(B) a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command;
(2) A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis.
(4) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives.
(c) Report.—
(1) IN GENERAL.—Not later than February 15, 2022, the Commander of the United States Northern Command, in consultation and coordination with United States European Command and United States Indo-Pacific Command, shall submit to the congressional defense committees a report on the assessment required by paragraph (1).
(2) FORM.—The report required by subparagraph (A) may be submitted in classified form, but shall include an unclassified summary.
(3) AVAILABILITY.—Not later than February 15, 2022, the Commander of United States Northern Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service.
(a) In general.—Not later than October 31, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a classified report and a classified briefing on the Global Force Management Allocation Plan and its implementation.
(b) Report.—Each report required by subsection (a) shall include a summary describing the Global Force Management Allocation Plan being implemented as of October 1 of the year in which the report is provided.
(c) Briefing.—Each briefing required by subsection (a) shall include the following:
(1) A summary of the major modifications to global force allocation made during the preceding fiscal year that deviated from the Global Force Management Allocation Plan for that fiscal year as a result of a shift in strategic priorities, requests for forces, or other contingencies, and an explanation for such modifications.
This subtitle may be cited as the “District of Columbia National Guard Home Rule Act”.
(a) Mayor as Commander-in-Chief.—Section 6 of the Act entitled “An Act to provide for the organization of the militia of the District of Columbia, and for other purposes”, approved March 1, 1889 (sec. 49–409, D.C. Official Code), is amended by striking “President of the United States” and inserting “Mayor of the District of Columbia”.
(b) Reserve corps.—Section 72 of such Act (sec. 49–407, D.C. Official Code) is amended by striking “President of the United States” each place it appears and inserting “Mayor of the District of Columbia”.
(c) Appointment of commissioned officers.— (1) Section 7(a) of such Act (sec. 49–301(a), D.C. Official Code) is amended—
(A) by striking “President of the United States” and inserting “Mayor of the District of Columbia”; and
(2) Section 9 of such Act (sec. 49–304, D.C. Official Code) is amended by striking “President” and inserting “Mayor of the District of Columbia”.
(3) Section 13 of such Act (sec. 49–305, D.C. Official Code) is amended by striking “President of the United States” and inserting “Mayor of the District of Columbia”.
(a) Failure To satisfactorily perform prescribed training.—Section 10148(b) of title 10, United States Code, is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.
(b) Appointment of chief of National Guard Bureau.—Section 10502(a)(1) of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.
(c) Vice chief of National Guard Bureau.—Section 10505(a)(1)(A) of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.
(d) Other senior National Guard Bureau officers.—Section 10506(a)(1) of such title is amended by striking “the commanding general of the District of Columbia National Guard” both places it appears and inserting “the Mayor of the District of Columbia”.
(e) Consent for active duty or relocation.— (1) Section 12301 of such title is amended—
(A) in subsection (b), by striking “commanding general of the District of Columbia National Guard” in the second sentence and inserting “Mayor of the District of Columbia”; and
(B) in subsection (d), by striking the period at the end and inserting the following: “, or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia.”.
(2) Section 12406 of such title is amended by striking “the commanding general of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.
(f) Consent for relocation of units.—Section 18238 of such title is amended by striking “the commanding general of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.
(a) Maintenance of other troops.—Section 109(c) of title 32, United States Code, is amended by striking “(or commanding general in the case of the District of Columbia)”.
(b) Drug interdiction and Counter-Drug activities.—Section 112(h)(2) of such title is amended by striking “the Commanding General of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.
(c) Additional assistance.—Section 113 of such title is amended by adding at the end the following new subsection:
(d) Appointment of adjutant general.—Section 314 of such title is amended—
(e) Relief from National Guard duty.—Section 325(a)(2)(B) of such title is amended by striking “commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.
(f) Authority To order To perform Active Guard and Reserve duty.—
(1) AUTHORITY.—Subsection (a) of section 328 of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.
(2) CLERICAL AMENDMENTS.—
(B) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 328 and inserting the following new item:
“328. Active Guard and Reserve duty: authority of chief executive.”.
(g) Personnel matters.—Section 505 of such title is amended by striking “commanding general of the National Guard of the District of Columbia” in the first sentence and inserting “Mayor of the District of Columbia”.
(h) National Guard challenge program.—Section 509 of such title is amended—
(1) in subsection (c)(1), by striking “the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general” and inserting “the Mayor of the District of Columbia, under which the Governor or the Mayor”;
(2) in subsection (g)(2), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”;
(i) Issuance of supplies.—Section 702(a) of such title is amended by striking “commanding general of the National Guard of the District of Columbia” and inserting “Mayor of the District of Columbia”.
(j) Appointment of fiscal officer.—Section 708(a) of such title is amended by striking “commanding general of the National Guard of the District of Columbia” and inserting “Mayor of the District of Columbia”.
(a) Title 10, United States Code.—Title 10, United States Code, is amended as follows:
(1) The table of chapters at the beginning of part I of subtitle A is amended by striking the item relating to the second section 19 (relating to cyber matters).
(2) The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 118 and inserting the following new item:
“118. Materiel readiness metrics and objectives for major weapon systems.”.
(3) The second section 118a, as added by section 341 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is redesignated as section 118b, and the table of sections at the beginning of chapter 2 of such title is conformed accordingly.
(4) Section 138(b)(2)(A)(i) is amended by striking the semicolon.
(5) Section 196(d) is amended by striking “,,” and inserting “,”.
(6) Section 231a(e)(2) is amended by striking “include the following,” and inserting “include”.
(7) Section 240b(b)(1)(B)(xiii) is amended by striking “An” and inserting “A”.
(8) Section 240g(a)(3) is amended by striking “; and” and inserting “;”.
(9) Section 393(b)(2)(D) is amended by inserting a period at the end.
(10) Section 483(f)(3) is amended by inserting “this” before “title”.
(11) Section 651(a) is amended by inserting a comma after “3806(d)(1))”.
(12) The table of sections at the beginning of chapter 39 is amended by adding a period at the end of the item relating to section 691.
(13) Section 823(a)(2) (article 23(a)(2) of the Uniform Code of Military Justice) is amended by inserting a comma after “Army”.
(14) Section 856(b) (article 56(b) of the Uniform Code of Military Justice) is amended by striking “subsection (d) of section 853a” and inserting “subsection (c) of section 853a”.
(15) Section 1044e(g) is amended by striking “number of Special Victims’ Counsel” and inserting “number of Special Victims’ Counsels”.
(16) The table of sections at the beginning of chapter 54 is amended by striking the item relating to section 1065 and inserting the following new item:
“1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers.”.
(17) Section 1463(a)(4) is amended by striking “that that” and inserting “that”.
(18) Section 1465(b)(2) is amended by striking “the the” and inserting “the”.
(19) Section 1466(a) is amended, in the matter preceding paragraph (1), by striking “Coast guard” and inserting “Coast Guard”.
(20) Section 1554a(g)(2) is amended by striking “..” and inserting “.”.
(21) Section 1599h is amended—
(22) Section 1705(a) is amended by striking “a fund” and inserting “an account”.
(23) Section 1722a(a) is amended by striking “,,” and inserting “,”.
(24) Section 1788a(e) is amended—
(25) The table of chapters at the beginning of Part III of subtitle A is amended, in the item relating to chapter 113, by striking the period after “2200g”.
(26) Section 2107(a) is amended by striking “or Space Force”.
(27) Section 2279b(b) is amended by redesignating the second paragraph (11) as paragraph (12).
(28) Section 2321(f) is amended by striking “the item” both places it appears and inserting “the commercial product”.
(29) The second section 2350m (relating to Execution of projects under the North Atlantic Treaty Organization Security Investment Program), as added by section 2503 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is redesignated as section 2350q and the table of sections at the beginning of subchapter II of chapter 138 is conformed accordingly.
(30) Section 2534(a) is amended—
(31) Section 2891a(e)(1) is amended by striking “the any” and inserting “the”.
(32) The table of sections at the beginning of chapter 871 is amended by striking the item relating to section 8749 and inserting the following new item:
“8749. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard.”.
(33) The second section 9084, as added by section 1601 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is transferred to appear after section 9085 and redesignated as section 9086, and the table of sections at the beginning of chapter 908 of such title is conformed accordingly.
(34) Section 9132 (relating to Regular Air Force and Regular Space Force: reenlistment after service as an officer) is redesignated as section 9138.
(35) The section heading for section 9401 is amended to read as follows:
(36) The section heading for section 9402 is amended to read as follows:
(37) Section 9840 is amended in the second sentence by striking “He” and inserting “The officer”.
(b) NDAA for Fiscal Year 2021.—Effective as of January 1, 2021, and as if included therein as enacted, section 1 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
Section 138(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(8) One of the Assistant Secretaries is the Assistant Secretary of Defense for Indo-Pacific Security Affairs. The principal duties of the Assistant Secretary shall be to—
“(A) act as principal advisor to the Under Secretary of Defense for Policy and the Secretary of Defense on international security strategy and policy on issues of interest to the Department of Defense that relate to the nations and international organizations of China, East Asia, South and Southeast Asia, including governments and defense establishments; and
(a) Definitions.—
(1) SECRETARY.—Paragraph (10) of section 9511 of title 10, United States Code, is amended to read as follows:
(2) CONFORMING AMENDMENTS.—Chapter 961 of title 10, United States Code, as amended by paragraphs (1) and (2), is further amended—
(b) Annual report on civil reserve air fleet.—Section 9516 of title 10, United States Code, is amended—
(1) in subsection (d), by striking “When the Secretary” and inserting “Subject to subsection (e), when the Secretary”;
(3) by inserting after subsection (d) the following new subsection:
“(e) Annual report.—Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that—
(c) Technical amendments.—
(1) IN GENERAL.—Chapter 961 of title 10, United States Code, as amended by subsections (a) and (b), is further amended—
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by striking the items relating to sections 9511a and 9512 and inserting the following new items:
“9512. Civil Reserve Air Fleet contracts: payment rate.
“9513. Contracts for the inclusion or incorporation of defense features.”.
(d) Charter air transportation of members of the armed forces or cargo.—
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 157 of title 10, United States Code, is amended by striking the item relating to section 2640 and inserting the following new item:
“2640. Charter air transportation of members of the armed forces or cargo.”.
Section 10208 of title 10, United States Code, is amended by adding at the end the following new subsection:
“(c) (1) The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every 5 years thereafter, as part of the major mobilization exercise under subsection (a), include the processes of the Selective Service System in preparation for a draft, and submit to Congress a report on the results of this exercise. The report may be submitted in classified form.
(a) Plan.—
(1) DEVELOPMENT.—In consultation with the Chief Information Officer of the Department of Defense, the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) shall develop a plan for providing end-to-end electronic voting services (including services for registering to vote, requesting an electronic ballot, completing the ballot, and returning the ballot) in participating States for absent uniformed services voters under such Act who are deployed or mobilized to locations with limited or immature postal service (as determined by the Presidential designee).
(2) SPECIFICATIONS.—The Presidential designee shall include in the plan developed under paragraph (1)—
(A) methods to ensure that voters have the opportunity to verify that their ballots are received and tabulated correctly by the appropriate State and local election officials;
(3) CONSULTATION WITH STATE AND LOCAL ELECTION OFFICIALS.—The Presidential designee shall develop the plan under paragraph (1) in consultation with appropriate State and local election officials to ensure that the plan may be implemented successfully in any State which agrees to participate in the plan.
(a) Executive agent for national mobilization.—The Secretary of Defense shall designate a senior official within the Office of the Secretary of Defense as the Executive Agent for National Mobilization. The Executive Agent for National Mobilization shall be responsible for—
(1) developing, managing, and coordinating policy and plans that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers to draftees in the event of a draft activation;
(b) Plan required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for obtaining draft inductees as part of a mobilization timeline for the Selective Service System. The plan shall include a description of resources, locations, and capabilities of the Armed Forces required to train, equip, and integrate drafted personnel into the total force, addressing scenarios that would include 300,000, 600,000, and 1,000,000 new volunteer and drafted personnel. The plan may be provided in classified form.
(a) Findings.—Congress makes the following findings:
(1) Noncombatant evacuation operations are conducted by the Department of Defense to assist in evacuating citizens and nationals of the United States, Defense Department civilian personnel, and designated host nation persons whose lives are in danger from locations in a foreign nation to an appropriate safe haven when directed by the Department of State.
(a) Sense of Congress.—It is the sense of Congress that—
(b) Operational data.—The Secretary of Defense shall—
(c) Briefing.—Not later than March 4, 2022, the Under Secretary of Defense for Intelligence and Security shall provide a briefing to the Committee on Armed Services of the House of Representatives on how the Department of Defense has removed, retained, and assured long-term access to operational data from Afghanistan across each military department and command. Such briefing shall address—
(a) Establishment.—There is established a commission, to be known as the “Defense Resource Budgeting and Allocation Commission”. The purpose of the Commission is to develop a consensus on an effective and strategic approach to Department of Defense resource budgeting and allocation, including—
(b) Membership.—
(1) COMPOSITION.—
(A) IN GENERAL..—Subject to subparagraph (B), the Commission shall be composed of the following members:
(v) Three members appointed by the majority leader of the Senate, in consultation with the Chairman of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and two of whom shall not be.
(vi) Two members appointed by the minority leader of the Senate, in consultation with the Ranking Member of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and one of whom shall not be.
(B) EXPERTISE.—The members of the Commission who are not members of Congress and who are appointed under clauses (v) through (viii) of subparagraph (A) shall be individuals who are nationally recognized for expertise, knowledge, or experience in—
(2) CO-CHAIRS.—The Commission shall have two co-chairs, selected from among the members of the Commission. One co-chair of the Commission shall be a member of the Democratic Party, and one co-chair shall be a member of the Republican Party. The individuals who serve as the co-chairs of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives.
(c) Appointment; initial meeting.—
(d) Meetings; quorum; vacancies.—
(1) IN GENERAL.—After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission.
(2) QUORUM.—Seven members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony.
(e) Actions of commission.—
(1) IN GENERAL.—The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.
(2) PANELS.—The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this title. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.
(f) Duties.—The duties of the Commission are as follows:
(1) To define the core objectives and priorities of the strategic approach referred to in subsection (a).
(2) To weigh the costs and benefits of various strategic options for the Department of Defense to budget and allocate resources, including the planning, programming, budgeting, and execution methodology in effect as of the date of the enactment of this Act.
(3) To evaluate whether the strategic options described in paragraph (2) are exclusive or complementary, the best means for executing such options, and how the Department of Defense should incorporate and implement such options within its budgeting methodology and strategy.
(4) To review and make determinations on the difficult choices present within such options, including how the Department can budget at the speed of relevance to address current and emerging threats while maintaining an appropriate degree of oversight from Congress.
(5) To review adversarial budgeting methodologies and strategies to understand if and how adversaries are able to meet current and future threats more or less successfully than the United States.
(g) Powers of commission.—
(1) IN GENERAL.—
(A) HEARINGS; SUBPOENAS.—The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section—
(B) SERVICE OF SUBPOENAS.—Subpoenas may be issued under subparagraph (A)(ii) under the signature of the co-chairs of the Commission, and may be served by any person designated by such co-chairs.
(C) FAILURE OF WITNESSES TO APPEAR.—The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194) shall apply in the case of any failure of a witness to comply with any subpoena or to testify when summoned under authority of this section.
(2) CONTRACTING.—The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title.
(3) INFORMATION FROM FEDERAL AGENCIES.—The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this title. Each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the co-chairs of the Commission. The Commission shall handle and protect all classified information provided to it under this paragraph in accordance with applicable statutes and regulations.
(4) ASSISTANCE FROM FEDERAL AGENCIES.—
(A) The Secretary of Defense shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this title.
(B) The Director of the Office of Management and Budget may provide the Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request. In addition to the assistance set forth in paragraphs (1) and (2), other departments and agencies of the United States may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law.
(C) The Commission shall receive the full and timely cooperation of any official, department, or agency of the United States Government whose assistance is necessary, as jointly determined by the co-chairs selected under subsection (b)(2), or the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses.
(h) Staff of commission.—
(1) IN GENERAL.—
(2) CONSULTANT SERVICES.— (A) The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.
(i) Compensation and travel expenses.—
(1) COMPENSATION.—
(A) IN GENERAL.—Except as provided in subparagraph (B), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this title.
(2) TRAVEL EXPENSES.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.
(j) Treatment of information relating to national security.—
(1) IN GENERAL.—The Secretary of Defense shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this title. Any information related to the national security of the United States that is provided to the Commission by the congressional armed services committees may not be further provided or released without the approval of the chairman of such committees.
(2) ACCESS AFTER TERMINATION OF COMMISSION.—Notwithstanding any other provision of law, after the termination of the Commission under subsection (k)(2), only the members and designated staff of the Committees on Armed Services of the Senate and House of Representatives, the Secretary of Defense (and the designees of the Secretary), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission.
(k) Final report; termination.—
(1) FINAL REPORT.—Not later than September 1, 2022, the Commission shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Secretary of Defense, and the Director of Office of Management and Budget a final report containing the findings of the Commission.
(l) Assessments of final report.—Not later than 60 days after receipt of the final report under subsection (k)(1), the Secretary of Defense and the Director of the Office of Management and Budget shall each submit to the Committees on Armed Service of the Senate and House of Representatives an assessment by the Director or the Secretary, as the case may be, of the final report. Each such assessment shall include such comments on the findings and recommendations contained in the final report, as the Director or Secretary, as the case may be, considers appropriate.
(a) Establishment.—There is hereby established a commission to be known as the “Commission on Afghanistan” (in this section referred to as the “Commission”). The purpose of the Commission is to examine the war in Afghanistan and make recommendations regarding lessons learned.
(b) Composition.—
(1) MEMBERSHIP.—The Commission shall be composed of 12 members appointed as follows:
(A) Three members appointed by the chair of the Committee on Armed Services of the House of Representatives.
(c) Duties.—
(1) REVIEW.—The Commission shall examine the following periods of the war in Afghanistan;
(A) Generally, the entirety of the war beginning with Operation Enduring Freedom in 2001 under the Bush administration.
(B) The period beginning in 2009 under the Obama administration, when the United States deployed an increased number of members of the Armed Forces to Afghanistan, and ending when such members of the Armed Forces were reduced in 2011.
(C) The period beginning in August 2019 and ending in February 2020, covering the negotiation and execution of the U.S. Government-Taliban agreement during the Trump Administration.
(D) The period beginning in February 2020 and ending in August 2021, with the completion of the withdrawal of the Armed Forces from Afghanistan under the Biden Administration.
(E) The period from 1996 to 2001, during which the Taliban controlled the country, highlighting events or the absence of certain key events that enabled conditions on the ground in Afghanistan in 2001, including efforts to support the Northern Alliance and related resistance groups, opportunities to eliminate terrorist leaders like Osama Bin Laden and others, and opportunities to address terror threats emanating from Afghanistan prior to 2001.
(d) Cooperation from government.—
(e) Report.—
(1) FINAL REPORT.—Not later than August 31, 2022, and consistent with the protection of intelligence sources and methods, the Commission shall submit to the President, the Secretary of Defense, and the appropriate congressional committees a report on the Commission’s findings, conclusions, and recommendations. The report shall address each of the following:
(A) The findings of the Commission with respect to each of the periods referred to in subsection (c)(1).
(B) Intelligence and information upon which the Bush, Obama, Trump, and Biden administrations made planning decisions.
(C) The impact of the reduction in the number of members of the Armed Forces deployed to Afghanistan in 2011.
(F) A detailed analysis of the security conditions on the ground in Afghanistan during the entirety of the war in Afghanistan.
(2) INTERIM BRIEFING.—Not later than March 3, 2022, the Commission shall provide to the appropriate congressional committees a briefing on the status of its review and assessment, and include a discussion of any interim recommendations.
(3) FORM.—The report submitted to Congress under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(a) In general.—Not later than 60 days after the date of enactment of this Act, the individual designated as the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(a)) shall, subject to the availability of appropriations, establish and administer a technology pilot program under section 589 of the Military and Overseas Voter Empowerment Act (52 U.S.C. 20311) to provide grants to State and local jurisdictions responsible for the administration of elections for Federal office for use as described in subsection (b) to administer the general elections for Federal office held in November 2022 and the general elections for Federal office held in November 2024.
(b) Grant uses.—A State or local jurisdiction responsible for the administration of elections for Federal office may only use grant funds provided under the program established under subsection (a) for the implementation of technologies that support the ability to vote of individuals entitled to vote in an election under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), including technologies that—
(c) Reporting requirement.—Not later than 60 days after the date of general elections in a State in which a State or local jurisdiction responsible for the administration of Federal elections has received a grant under the program for that election, the grant recipient shall prepare and submit to the Presidential designee a report on the effectiveness of the technologies tested under the program and recommendations on the future use of such technologies.
(d) Restriction on grants to State and local jurisdictions.—The Presidential designee may not provide grants to a local jurisdiction for an election specified in subsection (a) if the State entity responsible for the administration of elections for Federal office in such State has received a grant under the program for that election.
The Memorial, Memorial Garden, and K9 Memorial of the National Navy UDT-SEAL Museum, located at 3300 North Highway A1A, North Hutchinson Island, in Fort Pierce, Florida, are recognized as the official national memorial, memorial garden, and K9 memorial, respectively, of Navy SEALs and their predecessors.
(a) Findings.—Congress finds the following:
(1) The United States celebrates Native American History Month each November to recognize and honor the history and achievements of Native Americans.
(2) American Indian and Alaska Natives serve in all branches of the Armed Forces, attend all service academies, and defend our country with valiance, pride, and honor.
(3) More than 30,000 active duty, reserve, and National Guard members of the Armed Forces identify as Native American.
(4) American Indian and Alaska Natives have served and continue to serve in the highest proportions to population than any other ethnic group.
(5) American Indian and Alaska Natives have served in every war, from the Revolutionary War to current overseas conflicts.
(6) Native American veterans are Congressional Medal of Honor, Congressional Gold and Silver Medals, Purple Heart, and Bronze Star Medal recipients.
(7) American Indian and Alaska Native women serve in Armed Forces in higher proportions than any other ethnic group.
(8) Native American Code Talkers and their languages proved an invaluable asset during World Wars I and II.
(11) Numerous present and past military aircraft, helicopters, and munitions programs bear the names of Native American tribes and tribal leaders to honor their legacy of martial prowess, including the Apache, Kiowa, Black Hawk, Lakota, Chinook, Huron, Iroquois, Comanche, Cayuse, Chickasaw, Ute, Gray Eagle, Mescalero, Tomahawk, and more.
Naval Medical Center Camp Lejeune located on Marine Corps Base Camp Lejeune, North Carolina, shall after the date of the enactment of this Act be known and designated as the “Walter B. Jones Naval Medical Center”. Any reference to Naval Medical Center Camp Lejeune in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Walter B. Jones Naval Medical Center.
It is the sense of Congress that the Secretary of the Navy should name a warship the “USS Fallujah”.
The Air Force Utah Test and Training Range shall after the date of the enactment of this Act be known and designated as the “Bishop Utah Test and Training Range”. Any reference to such test and training range in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Bishop Utah Test and Training Range.
The Air Force Utah Test and Training Range Consolidated Mission Control Center shall after the date of the enactment of this Act be known and designated as the “Robert W. Bishop Utah Test and Training Range Combined Mission Control Center”. Any reference to such combined mission control center in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Robert W. Bishop Utah Test and Training Range Combined Mission Control Center.
(a) Findings.—Congress makes the following findings:
(1) There were 1,300,000 illegal crossings between January, 2021, and July, 2021, at the Southwest land border of the United States.
(3) Noncitizens with criminal convictions are routinely encountered at ports of entry and between ports of entry on the Southwest land border.
(b) Sense of Congress.—It is the sense of Congress that—
(1) the current level of illegal crossings and trafficking on the Southwest border represents a national security threat;
(2) the Department of Defense has rightly contributed personnel to aid the efforts of the United States Government to address the crisis at the Southwest border;
The Secretary of Defense shall take such steps as may be necessary to ensure that the electronic banner that appears on the screens of computers of the Department of Defense upon access of such computers (providing warnings related to access and use of U.S. Government computers) is updated to include language prohibiting users from using government email for an unauthorized purpose.
Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1105 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended by striking “through 2021” and inserting “through 2022”.
Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and as most recently amended by section 1106 of the of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended by striking “2022” and inserting “2023”.
Section 1599h(b) of title 10, United States Code, is amended—
Section 129(a) of title 10, United States Code, is amended—
(a) Comptroller General report.—Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit to congressional defense committees a report on the operations of the Naval Audit Service. Such report shall include—
(1) a description of current and historical budgetary resources and authorized full-time employees provided to and utilized by the Naval Audit Service, as well as of any planned or anticipated changes to the Naval Audit Service’s level of resources or staff;
(b) Limitation.—During the period beginning on the date of enactment of this Act and ending on the date that is 180 days after the date on which the report under subsection (a) is submitted to the congressional defense committees—
(c) Secretary of the Navy report.—Not later than the date that is 90 days after the date the report under subsection (a) is submitted to the congressional defense committees, the Secretary of the Navy shall submit to the congressional defense committees a report, including—
(1) the Navy’s assessment of the findings and recommendations of the Comptroller General in regard to the Naval Audit Service, including the Navy’s plans to implement the Comptroller General’s recommendations;
(a) Plan required.—
(1) IN GENERAL.—The Secretary of Defense shall develop a plan to address the recommendations in the report of the U.S. Government Accountability Office titled “Sexual Harassment and Assault: Guidance Needed to Ensure Consistent Tracking, Response, and Training for DOD Civilians” (GAO–21–113).
(b) Submission to congressional defense committees.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the plan required under subsection (a).
(c) 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, the Secretary shall carry out activities to implement the plan developed under subsection (a).
(2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.—
(A) DELAYED IMPLEMENTATION.—The Secretary may initiate implementation of a recommendation in the report described in subsection (a)(1) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date.
Subsection (e) of section 1597 of title 10, United States Code, is amended—
(a) Repeal.—
(2) APPLICATION.—The modification of probationary periods for covered employees (as that term is defined in such section 1599e as in effect on the date immediately preceding the date of enactment of this Act) by operation of the amendment made by paragraph (1) shall only apply to an individual appointed as such an employee on or after such date of enactment.
(b) Technical and conforming amendments.—
(1) TITLE 10.—The table of sections for chapter 81 of title 10, United States Code, is amended by striking the item relating to section 1599e.
Section 113 of title 10, United States Code, as amended by section 551 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended—
(3) in subsection (m)—
(B) by inserting after paragraph (6) the following new paragraph (7):
(a) Family and Medical Leave Act of 1993.—Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following:
“(F) ACTIVE DUTY AS MEMBER OF ARMED FORCES.—For the purposes of determining whether an individual who is a Federal officer or employee (not including a Federal officer or employee excluded under paragraph (2)(B)(i)) meets the service requirements specified in subparagraph (A), the individual will be considered to meet those requirements if the individual—
(b) Title 5.—Section 6381(1)(B) of title 5, United States Code, is amended to read as follows:
“(B) (i) has completed at least 12 months of service as an employee (as defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c); or
Section 5542 of title 5, United States Code, is amended by adding at the end the following:
“(h) (1) Notwithstanding any other provision of this section, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section.
“(2) For purposes of this subsection—
“(A) the term ‘qualified trade-of-time arrangement’ means an arrangement under which 2 firefighters who are employed by the same agency agree, solely at their option and with the approval of their employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity; and
Section 1108(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended to read as follows:
“(b) Positions.—The positions in the Department described in this subsection are positions in the competitive service—
(a) Assessment and rate.—Not later than March 31, 2022, the Director of the Office of Personnel Management shall complete an assessment of the remote site pay allowance under section 5942 of title 5, United States Code, and propose a new rate of such allowance, adjusted for inflation, and submit such assessment and rate to the President and to Congress.
(c) Regulations.—The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this section and the amendments made by this section, including regulations to ensure that this section and the amendments made by this section shall not have the effect of reducing any rate of basic pay payable to any individual who is serving as a prevailing rate employee (as defined under section 5342(a)(2) of title 5, United States Code).
Section 1202(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639) is amended by striking “2023 ” and inserting “2025”.
(a) In general.—Section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
(1) in subsection (b)(2)(C)—
(2) in subsection (b)(2)(C)(i), by striking subclause (I), and inserting the following:
“(I) was the spouse or child of a principal alien described in subparagraph (A) who had submitted—
“(bb) a petition pursuant to section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 1101 note),
which included the alien as an accompanying spouse or child; and”;
(b) Sense of Congress.—It is the sense of Congress that—
(1) it is our solemn responsibility to honor the sacrifices made by, and the loyal service of, our many Afghan partners who faithfully served alongside our Armed Forces, our diplomats, and supported United States operations in Afghanistan for the last 20 years;
(2) the United States Government must recognize that commitment and seek to facilitate the safe passage to the United States for those Afghan partners through the Afghan Special Immigrant Visa program;
(3) our Afghan partners performed their services at great personal risk to themselves and their families and that these Afghans, in their service to our security as interpreters and in other capacities, furthered our military and diplomatic mission in Afghanistan; and
(4) the United States Government is grateful for the loyalty of our Afghan partners and expresses our deepest sympathies for what they have lost.
Congress reaffirms its commitment to continuing the work that it has done to honor these Afghans and provide for their safety through the Afghan Special Immigrant Visa program as it has since the program’s inception in 2009 including through the passage of legislation to extend the Afghan Special Immigrant Visa program and provide additional special immigrant visas.
(a) Authorization of appropriations.—Amounts are authorized to be appropriated and are authorized to remain available through December 31, 2022, for the Afghanistan Security Forces Fund for expenditure on costs associated with the termination of Operation Freedom’s Sentinel and termination of related support to the forces of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan, and may also be made available for storage costs for equipment and other materiel taken into DoD stock pursuant to subsection (b) of this section, contract termination, and close out costs.
(b) Equipment disposition.—
(1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Subject to paragraph (2), the Secretary of Defense may accept equipment that was procured using amounts authorized to be appropriated for the Afghanistan Security Forces Fund by subsection (a) or authorized to be appropriated pursuant to prior Acts and was—
(2) TREATMENT AS DEPARTMENT OF DEFENSE STOCKS.—Equipment accepted under the authority provided under paragraph (1) may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment.
(3) AUTHORIZATION OF APPROPRIATIONS.—Amounts authorized to be appropriated by this Act for the Afghanistan Security Forces Fund for the authority described in paragraph (1) may be used—
(4) QUARTERLY REPORTS ON EQUIPMENT DISPOSITION.—
(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act and every 90 days thereafter during the period in which the authority provided under paragraph (1) is exercised, the Secretary shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following:
(B) ELEMENTS.—Each report under subparagraph (A) shall include, with respect to the 90-day period for which report is submitted and cumulatively beginning with the date of the submission of the first notification described in subparagraph (A) —
(i) a list of any equipment accepted during such period and treated as stocks of the Department of Defense;
The Secretary of Defense may not provide any funds or material resources of the Department of Defense to the Taliban.
None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available for the operation of any aircraft of the Department of Defense to transport currency or other items of value to the Taliban, the Islamic Emirate of Afghanistan, or any subsidiary, agent, or instrumentality of either the Taliban or the Islamic Emirate of Afghanistan.
Section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended—
(a) In general.—The Chairman of the Joint Chiefs of Staff and the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense committees a quarterly briefing on the security environment in Afghanistan and United States military operations related to the security of, and threats emanating from, Afghanistan.
(b) Elements.—Each quarterly briefing under subsection (a) shall including information relating to the following:
(1) The current security environment in Afghanistan, including the following:
(2) The disposition of United States forces in the region, including the following:
(c) Timing.—Each quarterly briefing under subsection (a) shall be conducted on date each quarter of each fiscal year as agreed upon by the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Policy, the Under Secretary of Defense for Intelligence and Security, and the congressional defense committees.
(a) In general.—The Secretary of Defense shall prepare and submit to the appropriate congressional committees on a quarterly basis a report on the threat potential of Al-Qaeda and related terrorist groups under a Taliban regime in Afghanistan.
(b) Matters to be included.—The report required by subsection (a) shall include the implications of Al-Qaeda and related terrorist groups, including the Islamic State of Iraq and Syria (ISIS), the Islamic State Khurasan (ISK), and the Haqqani Network, operating within a Taliban-held Afghanistan, the region, and globally.
It is the sense of Congress that—
(1) the men and women of the United States Armed Forces performed heroically by securing Hamid Karzai International Airport and facilitating the evacuation of thousands of United States citizens;
(2) these servicemembers have executed the largest Noncombatant Evacuation Operation (NEO) in United States history, saving the lives of thousands of men, women, and children;
(a) In general.—Subsection (a) of section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3451) is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
(a) Limitation on amount.—Subsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended—
(a) In general.—Subsection (a) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558) is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
(c) Limitation on availability of funds.—
(1) IN GENERAL.—Of the amounts made available for fiscal year 2021 (and available for obligation as of the date of the enactment of this Act) and fiscal year 2022 to carry out section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558), not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense and the Secretary of State submit to appropriate congressional committees a report that contains the following:
(A) A comprehensive strategy and plan to train and build lasting and sustainable military capabilities of the Iraqi security forces using existing authorities.
None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available, directly or indirectly, to the Badr Organization.
None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available to transfer or facilitate a transfer of pallets of currency, currency, or other items of value to the Government of Iran, any subsidiary of such Government, or any agent or instrumentality of Iran.
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 4 years, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes a detailed assessment of—
(1) military ties between China and Iran since the expiration of United Nations Security Resolution 2231 in October 2020, including in the form of joint drills, weapons transfers, military visits, illicit procurement activities, and other sources of Chinese material support for Iranian military capabilities; and
Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes a detailed description of—
Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes a detailed description of—
(1) improvements to the military capabilities of Iran-backed militias, including Lebanese Hezbollah, Asa’ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr Organization, the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the Houthis); and
Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), is amended by striking “2020, or 2021” and inserting “2020, 2021, or 2022”.
(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of Russia over Crimea.
Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended as follows:
(1) In subsection (c)—
(b) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on options for how the United States could support the Government of Ukraine in addressing integrated air and missile defense gaps. Such report shall include options for the foreign military sale of United States systems or the transfer of existing systems that are not being allocated through global force management.
(a) Report required.—Not later than April 1, 2022, and on a biennial basis thereafter until April 1, 2024, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the heads of any other appropriate department or agency, shall jointly submit to the appropriate congressional committees a report on Russian influence operations and campaigns that target United States military alliances and partnerships.
(b) Elements.—The report required under subsection (a) shall include each of the following:
(1) An assessment of Russia’s objectives for influence operations and campaigns targeting United States military alliances and partnerships and how such objectives relate to Russia’s broader strategic aims.
(2) The activities and roles of the Department of Defense and Department of State in the United States government strategy to counter such Russian influence operations and campaigns.
(3) A comprehensive list of specific Russian state and non-state entities, or those of any other country with which Russia may cooperate, involved in supporting such Russian influence operations and campaigns and the role of each entity in such support.
(4) An identification of the tactics, techniques, and procedures used in previous Russian influence operations and campaigns.
(5) An assessment of the impact of previous Russian influence operations and campaigns targeting United States military alliances and partnerships, including the views of senior Russian officials about the effectiveness of such operations and campaigns in achieving Russian objectives.
(6) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that has been targeted by Russian influence operations and campaigns.
(7) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that may be targeted in future Russian influence operations and campaigns, and an assessment of the likelihood that each such ally, partner, or alliance will be targeted.
(8) An identification of tactics, techniques, and procedures likely to be used in future Russian influence operations and campaigns targeting United States military alliances and partnerships.
(c) Form; updates.—
(a) Findings.—Congress finds the following:
(1) Georgia is a valued friend of the United States and has repeatedly demonstrated its commitment to advancing the mutual interests of both countries, including strong participation in the State Partnership Program of the National Guard between the Georgia National Guard and the Georgian armed forces.
(b) Sense of congress.—It is the sense of Congress that the United States should—
(2) support Georgia’s sovereignty and territorial integrity within its internationally recognized borders and not recognize the independence of the Abkhazia and South Ossetia regions currently occupied by the Russian Federation;
(3) continue support for multi-domain security assistance for Georgia in the form of lethal and non-lethal measures to build resiliency, bolster deterrence against Russian aggression, and promote stability in the region, by—
It is the sense of Congress that—
(1) the United States is steadfast in its commitment to upholding the rules-based international order, freedom of navigation, and shared values in a free and open Indo-Pacific region;
(2) maintenance of a free and open Indo-Pacific region is essential to global security and crucial to the national security objectives of the United States, its allies, and partners;
(3) United States alliances and partnerships are the cornerstone of efforts to deter aggression and counter malign activity by the Governments of the People’s Republic of China and the Democratic People’s Republic of North Korea, and to ensure the maintenance of a free and open Indo-Pacific region;
(4) the United States remains steadfast in its commitments to allies and partners against aggression and malign activity, and will continue to strengthen cooperation in bilateral relationships, multilateral partnerships such as the Quad, and other international fora to uphold global security and shared principles; and
Section 1251(e) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by adding at the end the following:
“(10) A description of the manner and extent to which the amounts, summaries, and comparisons required by this subsection directly address the items identified in—
“(A) the independent assessment required under section 1253 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92); and
(a) Report.—Not later than February 15, 2022, the Secretary of Defense shall submit to appropriate congressional committees a report on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan. Such report shall include the following:
(1) A description of the cooperation between the National Guard and Taiwan during the 10 preceding calendar years, including mutual visits, exercises, training, and equipment opportunities.
(2) An evaluation of the feasibility and advisability of enhancing cooperation between the National Guard and Taiwan on a range of activities, including—
(a) In general.—Not later than January 31, 2022, and annually thereafter until January 31, 2026, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a report, in both classified and unclassified form, on military and security developments involving the People’s Republic of China.
(b) Matters to be addressed.—The report required by subsection (a) shall address the following:
(c) Matters to be included.—The report required by subsection (a) shall include analyses and forecasts of the following:
(2) Developments in China’s defense policy, military strategy, and the roles and missions of the People’s Liberation Army.
(3) The People’s Liberation Army’s role in the Chinese Communist Party, including the structure and leadership of the Central Military Commission.
(4) Developments in the People’s Liberation Army’s military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments.
(5) Trends and developments in the People’s Liberation Army’s budget and resources and strategies and policies related to science and technology, defense industry reform, and China’s use of espionage and technology transfers.
(6) Developments and future course of the People’s Liberation Army’s theater and functional commands, including their roles and missions, structure, and the size, location, and capabilities of their strategic, land, sea, air, and other forces, and the strengths or weaknesses thereof.
(9) Developments in the People’s Liberation Army’s overseas presence, including military basing, military logistics capabilities and infrastructure, access to foreign ports or military bases, and whether such presence could affect United States national security or defense interests.
(10) The relationship between Chinese overseas investment and Chinese security and military strategy objectives.
(11) A description of any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including a forecast of possible future sales and transfers.
(12) Efforts, including by espionage and technology transfers through investment, by China to develop, acquire, or gain access to advanced technologies that would enhance military capabilities.
(13) The People’s Liberation Army’s internal security role and its affiliations with the People’s Armed Police and other Chinese law enforcement, intelligence, and paramilitary entities, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or other gross violations of human rights.
(14) A description of Chinese military-to-military relationships with other countries, including the Russian Federation.
(16) A description of China’s maritime strategy, its military and nonmilitary activities in the South China Sea and East China Sea, to include roles and activities of the People’s Liberation Army and China’s maritime law enforcement and paramilitary organizations.
(17) The current state of United States military-to-military contacts with the People’s Liberation Army, including a summary of such contacts during the period covered by the report, a description of such contacts for the 12-month period following the report, the Secretary’s assessment of the benefits of such contacts, and the Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a) of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 311 note).
(a) In general.—Not later than April 1, 2022, and on a biennial basis thereafter until April 1, 2024, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a report on the influence operations and campaigns of the Government of the People’s Republic of China (PRC) targeting military alliances and partnerships of which the United States is a member.
(b) Matters to be included.—The report required by subsection (a) shall include the following:
(1) An assessment of the PRC Government’s objectives in such operations and campaigns and how such objectives relate to the PRC Government’s broader strategic aims.
(2) The activities and roles of the Department of Defense and Department of State in the United States Government strategy to counter such influence operations and campaigns of the PRC Government.
(3) A comprehensive list of specific PRC state and non-state entities, or any other states with which the PRC may cooperate, involved in supporting such operations and campaigns and the role of each such entity in supporting such operations and campaigns.
(4) An identification of the tactics, techniques, and procedures used in previous influence operations and campaigns of the PRC Government.
(5) An assessment of the impact of previous influence operations and campaigns of the PRC Government, including the views of senior PRC Government officials about their effectiveness in achieving PRC Government objectives.
(6) An identification of all United States military alliances and partnerships that have been targeted by influence operations and campaigns of the PRC Government.
(7) An identification of all United States military alliances and partnerships that may be targeted in future influence operations and campaigns of the PRC Government and an assessment of the likelihood that each such partnership or alliance will be targeted.
(8) An identification of tactics, techniques, and procedures likely to be used in future influence operations and campaigns of the PRC Government.