H. R. 4350, 117th Congress — To Authorize Appropriations for Fiscal Year 2022 for Military Activities
Summary
H.R. 4350 is an act to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, and to prescribe military personnel strengths. It may be cited as the National Defense Authorization Act for Fiscal Year 2022. The act is organized into seven divisions, from Division A on Department of Defense authorizations through Division G on global pandemic prevention and biosecurity. The table of contents lists procurement, research, development, test, and evaluation, and military personnel authorizations among its titles.
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“H. R. 4350, 117th Congress — To Authorize Appropriations for Fiscal Year 2022 for Military Activities.”
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117TH CONGRESS
1ST SESSION
H. R. 4350
AN ACT
To authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Depart-
ment of Energy, to prescribe military personnel strengths
for such fiscal year, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
2
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘National Defense Au-
3 thorization Act for Fiscal Year 2022’’.
4 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
5 CONTENTS.
6 (a) DIVISIONS.—This Act is organized into seven di-
7 visions as follows:
8 (1) Division A—Department of Defense Au-
9 thorizations.
10 (2) Division B—Military Construction Author-
11 izations.
12 (3) Division C—Department of Energy Na-
13 tional Security Authorizations and Other Authoriza-
14 tions.
15 (4) Division D—Funding Tables.
16 (5) Division E—Non-Department of Defense
17 Matters.
18 (6) Division F—Department of State Authori-
19 ties.
20 (7) Division G—Global Pandemic Prevention
21 and Biosecurity.
22 (b) TABLE OF CONTENTS.—The table of contents for
23 this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
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TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
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. 115. Plan for ensuring sources of cannon tubes.
Subtitle C—Navy Programs
Sec. 121. Extension of procurement authority for certain amphibious ship-
building 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 de-
stroyers.
Subtitle D—Air Force Programs
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 refuel-
ing tanker aircraft.
Sec. 134. Minimum inventory of tactical airlift aircraft and limitation on modi-
fication of Air National Guard tactical airlift flying missions.
Sec. 135. Procurement authority for certain parts of the ground-based strategic
deterrent cryptographic device.
Sec. 136. Sense of Congress on Joint Surveillance Target Attack Radar System
aircraft.
Sec. 137. Limitation on availability of funds for retirement of RC–26B aircraft.
Sec. 138. Report relating to reduction of total number of tactical airlift air-
craft.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 141. Implementation of affordability, operational, and sustainment cost
constraints for the F–35 aircraft program.
Sec. 142. 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 air-
craft ejection seats.
Sec. 145. Briefing on military type certifications for aircraft.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
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Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
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 surviv-
ability and lethality testing.
Sec. 218. Pilot program on the use of intermediaries to connect the Depart-
ment 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 ca-
pacity.
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. 225. Funding for hypersonics advanced manufacturing.
Sec. 226. Funding increase for 3D printing of infrastructure.
Sec. 227. Funding increase for cold weather capabilities.
Sec. 228. Funding for soldier lethality technology.
Sec. 229. Pilot program on data libraries for training artificial intelligence
models.
Sec. 229A. Establishment of quantum network testbed program for Depart-
ment of Air Force.
Subtitle C—Plans, Reports, and Other Matters
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. 236. Roadmap for research and development of disruptive manufacturing
capabilities.
Sec. 237. Biennial Assessments of the Air Force Research Laboratory, Aero-
space Systems Directorate, Rocket Propulsion Division.
Sec. 238. Report detailing compliance with disclosure requirements for recipi-
ents of research and development funds.
Sec. 239. Sense of Congress on the additive manufacturing and machine learn-
ing initiative of the Army.
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Sec. 240. Research security training requirement for Federal research grant
personnel.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Sec. 302. Funding for Army Community Services.
Sec. 303. Increase in funding for civil military programs.
Subtitle B—Energy and Environment
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 activi-
ties 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 resil-
ience 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 aque-
ous film forming foam.
Sec. 319. Public disclosure of results of Department of Defense testing of water
for perfluoroalkyl or polyfluoroalkyl substances or lead.
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. 328. Report on Air Force progress regarding contaminated real property.
Sec. 329. Energy, water, and waste net zero requirements for construction of
new buildings.
Sec. 330. Review of agreements with non-Department entities with respect to
prevention and mitigation of spills of aqueous film-forming
foam.
Sec. 331. Inspection of piping and support infrastructure at Red Hill Bulk
Fuel Storage Facility, Hawai‘i.
Sec. 332. Amendment to budgeting of Department of Defense relating to ex-
treme weather.
Sec. 333. Sense of Congress regarding electric or zero-emission vehicles for
non-combat vehicle fleet.
Sec. 334. Pilot program to test new software to track emissions at certain mili-
tary installations.
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Sec. 335. Department of Defense plan to meet science-based emissions targets.
Sec. 336. Report on clean up of contaminated Army property.
Sec. 337. Grants for maintaining or improving military installation resilience.
Sec. 338. Inclusion of information regarding climate change in reports on na-
tional technology and industrial base.
Sec. 339. Sense of Congress regarding report of the Intergovernmental Panel
on Climate Change.
Subtitle C—Logistics and Sustainment
Sec. 341. Mitigation of contested logistics challenges of the Department of De-
fense 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 main-
tenance and repair operations.
Sec. 346. Pilot program on implementation of mitigating actions to address
vulnerabilities to critical defense facilities and associated de-
fense critical electric infrastructure.
Sec. 347. Report and certification requirements regarding sustainment costs for
F–35 aircraft program.
Sec. 348. Report on maintenance and repair of aircraft turbine engine rotors.
Sec. 349. Briefing on Air Force plan for certain aerospace ground equipment
modernization.
Subtitle D—Risk Mitigation and Safety Improvement
Sec. 351. Treatment of notice of presumed risk issued by Military Aviation and
Installation Assurance Clearinghouse for review of mission ob-
structions.
Sec. 352. Establishment of Joint Safety Council.
Sec. 353. Mishap Investigation Review Board.
Sec. 354. Implementation of Comptroller General recommendations on pre-
venting tactical vehicle training accidents.
Sec. 355. Pilot program for tactical vehicle safety data collection.
Sec. 356. Implementation of Comptroller General recommendations relating to
mitigation and prevention of training accidents.
Subtitle E—Reports
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. 367. Report and briefing on Project Pele mobile nuclear microreactors.
Subtitle F—Other Matters
Sec. 371. Budget justification for operation and maintenance.
•HR 4350 EH
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Sec. 372. Improvements and clarifications related to military working dogs.
Sec. 373. Management of fatigue among crew of naval surface ships and re-
lated 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 ca-
nine health and excellence.
Sec. 376. Department of Defense response to military lazing incidents.
Sec. 377. Explosive ordnance disposal defense program.
Sec. 378. Pilot program on use of working dogs to detect early stages of dis-
eases.
Sec. 379. Study on disease prevention for military working dogs.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum levels.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 415. Accounting of reserve component members performing active duty or
full-time National Guard duty towards authorized end
strengths.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Reserve Component Management
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. National Guard support to major disasters; report on methods to en-
hance domestic response to large scale, complex and cata-
strophic disasters.
Sec. 506. Continued National Guard support for FireGuard program.
Sec. 507. Study on reapportionment of National Guard force structure based
on domestic responses.
Sec. 508. Report on feasibility and advisability of including cybersecurity oper-
ations and missions to protect critical infrastructure by mem-
bers of the National Guard in connection with training or other
duty.
Sec. 509. Access to Tour of Duty system.
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Sec. 509A. Enhancement of National Guard Youth Challenge Program.
Subtitle B—General Service Authorities and Military Records
Sec. 511. Prohibition on commissioning or enlistment in the Armed Forces of
an individual convicted of a felony hate crime.
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 ju-
risdiction 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 require-
ments.
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 re-
garding career paths for surface warfare officers of the Navy.
Sec. 519E. Independent assessment of retention of female surface warfare offi-
cers.
Sec. 519F. Implementation of certain recommendations regarding use of un-
manned aircraft systems by the National Guard.
Subtitle C—Military Justice and Other Legal Matters
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 mili-
tary court protective orders.
Sec. 529A. Countering extremism in the Armed Forces.
Sec. 529B. Reform and improvement of military criminal investigative organi-
zations.
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. 529F. Exclusion of evidence obtained without prior authorization.
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Sec. 529G. Report on demographics of military police and security forces cita-
tions.
Subtitle D—Implementation of Recommendations of the Independent Review
Commission on Sexual Assault in the Military
Sec. 531. Short title.
PART 1—SPECIAL VICTIM PROSECUTORS AND SPECIAL VICTIM OFFENSES
Sec. 532. Special victim prosecutors.
Sec. 533. Department of Defense policies with respect to special victim prosecu-
tors 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.
PART 2—SENTENCING REFORM
Sec. 539F. Sentencing reform.
PART 3—REPORTS AND OTHER MATTERS
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 Inde-
pendent 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. 539J. Plan for development and management of the gender advisor work-
force.
Subtitle E—Other Sexual Assault-Related Matters
Sec. 541. Independent investigation of complaints of sexual harassment.
Sec. 542. Modification of notice to victims of pendency of further administra-
tive 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.
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Sec. 546. Annual report regarding sexual assaults involving members of the
Army National Guard and the Air National Guard.
Subtitle F—Member Education, Training, and Transition
Sec. 551. Training on consequences of committing a crime in preseparation
counseling of the Transition Assistance Program.
Sec. 552. Amendments to pathways for counseling in the Transition Assistance
Program.
Sec. 553. Participation of members of the reserve components of the Armed
Forces in the Skillbridge program.
Sec. 554. Expansion and codification of matters covered by diversity training
in the Department of Defense.
Sec. 555. Expansion of Junior Reserve Officers’ Training Corps program.
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. Allocation of authority for nominations to the military service acad-
emies in the event of the death, resignation, or expulsion from
office of a member of Congress.
Sec. 558. Votes required to call a meeting of the Board of Visitors of a military
service academy.
Sec. 559. United States Naval Community College.
Sec. 559A. Codification of establishment of United States Air Force Institute
of Technology.
Sec. 559B. Clarifications regarding scope of employment and reemployment
rights of members of the uniformed services.
Sec. 559C. Clarification and expansion of prohibition on gender-segregated
training in the Marine Corps.
Sec. 559D. Requirement to issue regulations ensuring certain parental guard-
ianship rights of cadets and midshipmen.
Sec. 559E. Defense language continuing education program.
Sec. 559F. Public-private consortium to improve professional military edu-
cation.
Sec. 559G. Standards for training of surface warfare officers and enlisted
members.
Sec. 559H. Professional military education: report; definition.
Sec. 559I. Study on training and education of members of the Armed Forces
regarding social reform and unhealthy behaviors.
Sec. 559J. Notice program relating to options for naturalization.
Sec. 559K. Pilot program on activities under the transition assistance program
for a reduction in suicide among veterans.
Sec. 559L. Speech disorders of cadets and midshipmen.
Sec. 559M. Requirement of involvement of representatives of military and vet-
erans’ service organizations in the Transition Assistance Pro-
gram of the Department of Defense.
Sec. 559N. GAO report on screenings included in the health assessment for
members separating from the Armed Forces.
Sec. 559O. Pilot grant program to supplement the transition assistance pro-
gram of the Department of Defense.
Subtitle G—Military Family Readiness and Dependents’ Education
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 per-
sonnel and immediate family members.
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Sec. 564. Clarification of qualifications for attorneys who provide legal services
to families enrolled in the Exceptional Family Member Pro-
gram.
Sec. 565. Improvements to the Exceptional Family Member Program.
Sec. 566. Portability of professional licenses of members of the uniformed serv-
ices and their spouses.
Sec. 567. Database of next of kin of deceased members of the Armed Forces.
Sec. 568. Policy regarding remote military installations.
Sec. 569. Feasibility study on program for drop-in child care furnished to cer-
tain military spouses at military child development centers.
Sec. 569A. Comptroller General of the United States reports on employment
discrimination against military spouses by civilian employers.
Sec. 569B. Report on efforts of commanders of military installations to connect
military families with local entities that provide services to mili-
tary families.
Sec. 569C. Report on Preservation of the Force and Family Program of United
States Special Operations Command.
Sec. 569D. GAO review of Preservation of the Force and Family Program of
United States Special Operations Command.
Sec. 569E. Continued assistance to schools with significant numbers of military
dependent students.
Sec. 569F. Verification of reporting of eligible federally connected children for
purposes of Federal impact aid programs.
Sec. 569G. Pilot transition assistance program for military spouses.
Sec. 569H. Implementation of GAO recommendations on improved communica-
tion of best practices to engage military spouses with career as-
sistance resources.
Subtitle H—Diversity and Inclusion
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 sex-
ual assaults and racial and ethnic demographics in the military
justice system.
Sec. 573. Amendments to additional Deputy Inspector General of the Depart-
ment 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. 576. Reduction of gender-related inequities in costs of uniforms to mem-
bers of the armed forces.
Sec. 577. Justice for Women Veterans.
Sec. 578. Task Force on Historical and Current Barriers to African American
Participation and Equal Treatment in the Armed Services.
Sec. 579. Best practices for the retention of certain female members of the
Armed Forces.
Sec. 579A. GAO report on low number of Hispanic leaders in the Armed
Forces.
Sec. 579B. GAO report on low number of Hispanic cadets and midshipmen in
the military service academies.
Sec. 579C. Consideration of sexual orientation by Inspector General when con-
ducting review of racial disparity in the Department of De-
fense.
•HR 4350 EH
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Subtitle I—Decorations and Awards
Sec. 581. Semiannual reports regarding review of service records of certain vet-
erans.
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. 585. Rescission of Medals of Honor awarded for acts at Wounded Knee
Creek on December 29, 1890.
Sec. 586. Inclusion of Purple Heart awards on military valor website.
Subtitle J—Miscellaneous Reports and Other Matters
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 Na-
tional Cemetery.
Sec. 596. Report regarding best practices for community engagement.
Sec. 597. Improved Department of Defense prevention of and response to bul-
lying in the Armed Forces.
Sec. 598. Addition of element to report regarding the designation of Explosive
Ordnance Disposal Corps as a basic branch of the Army.
Sec. 599. Military justice career track for judge advocates.
Sec. 599A. Annual report regarding cost of living for members and employees
of the Department of Defense.
Sec. 599B. Comptroller General assessment of quality and nutrition of food
available at military installations for members of the Armed
Forces.
Sec. 599C. Study and report on herbicide agent exposure in Panama Canal
Zone.
Sec. 599D. Report on Requests for Equitable Adjustment in Department of the
Navy.
Sec. 599E. GAO study on tattoo policies of the Armed Forces.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
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: re-
port; 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 mar-
kets.
Sec. 607. Report on rental partnership programs.
Subtitle B—Bonuses and Incentive Pays
•HR 4350 EH
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Sec. 611. One-year extension of certain expiring bonus and special pay authori-
ties.
Subtitle C—Family and Survivor Benefits
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 de-
pendent-abuse offense during marriage.
Sec. 623. Claims relating to the return of personal effects of a deceased mem-
ber of the Armed Forces.
Sec. 624. Space-available travel for children, surviving spouses, parents, and
siblings of members of the Armed Forces who die while serving
in the active military, naval, or air service.
Sec. 625. Travel and transportation allowances for family members to attend
the funeral and memorial services of members.
Sec. 626. Expansion of pilot program to provide financial assistance to mem-
bers of the Armed Forces for in-home child care.
Sec. 627. Continuation of paid parental leave for a member of the Armed
Forces upon death of child.
Sec. 628. Casualty assistance program: reform; establishment of working group.
Subtitle D—Defense Resale Matters
Sec. 631. Additional sources of funds available for construction, repair, im-
provement, and maintenance of commissary stores.
Subtitle E—Miscellaneous Rights and Benefits
Sec. 641. Electronic or online notarization for members of the Armed Forces.
Sec. 642. Termination of telephone, multichannel video programming, and
internet access service contracts by servicemembers who enter
into contracts after receiving military orders for permanent
change of station but then receive stop movement orders due
to an emergency situation.
Sec. 643. Space available travel for members of the Armed Forces to attend fu-
nerals and memorial services.
Sec. 644. Alexander Lofgren Veterans in Parks program.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Improvement of postpartum care for certain members of the Armed
Forces and dependents.
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. 706. Availability of certain preconception and prenatal carrier screening
tests under the TRICARE program.
Subtitle B—Health Care Administration
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Sec. 711. Modification of certain Defense Health Agency organization require-
ments.
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 mem-
bers of the Armed Forces based on declining COVID–19 vac-
cine.
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 Uni-
versity 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 mili-
tary 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. 727. Exemption from required physical examination and mental health as-
sessment for certain members of the reserve components.
Subtitle C—Reports and Other Matters
Sec. 731. Grant program for increased cooperation on post-traumatic stress dis-
order research between United States and Israel.
Sec. 732. Pilot program on cardiac screening at certain military service acad-
emies.
Sec. 733. Pilot program on cryopreservation and storage.
Sec. 734. Pilot program on assistance for mental health appointment sched-
uling 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 Au-
tism Care Demonstration program.
Sec. 739. Independent review of suicide prevention and response at military in-
stallations.
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 mem-
bers of the Armed Forces.
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Sec. 742. GAO biennial study on Individual Longitudinal Exposure Record pro-
gram.
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 Depart-
ment of Veterans Affairs for Federal Electronic Health Record
Modernization Office.
Sec. 745. Briefing on domestic production of critical active pharmaceutical in-
gredients.
Sec. 746. Briefing on anomalous health incidents involving members of the
Armed Forces.
Sec. 747. Sense of Congress on National Warrior Call Day.
Sec. 748. Mandatory training on health effects of perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 749. Pilot program on sleep apnea among new recruits.
Sec. 750. Survey on effects of COVID–19 mandate on matters relating to re-
cruitment and reinlistment.
Sec. 751. Funding for pancreatic cancer research.
Sec. 752. Report on discrepancies between TRICARE program and CHAMPVA
program in certain coverage standards.
Sec. 753. Funding for rapid screening under Development of Medical Counter-
measures Against Novel Entities program.
Sec. 754. Increased collaboration with NIH to combat triple negative breast
cancer.
Sec. 755. Funding for post-traumatic stress disorder.
Sec. 756. Report on rate of maternal mortality among members of the Armed
Forces.
Sec. 757. Sense of Congress on designation of Military Heart Health Aware-
ness Day.
Sec. 758. Pilot program to improve military readiness through nutrition and
wellness initiatives.
Sec. 759. Mandatory training on treatment of eating disorders.
Sec. 760. Priority for domestically sourced bovine heparin.
Sec. 761. Access to menstrual hygiene products and accommodations.
Sec. 762. Report on preconception and prenatal carrier screening tests under
TRICARE.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
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 contrac-
tors.
Sec. 806. Website for certain domestic procurement waivers.
Sec. 807. Suspension or debarment referral for egregious violations of certain
domestic preference laws.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
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Sec. 811. Extension of authorization for the defense civilian acquisition work-
force 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 require-
ments.
Sec. 814. Standard guidelines for evaluation of requirements for services con-
tracts.
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 Indus-
tries.
Sec. 818. Repeal of preference for fixed-price contracts.
Sec. 819. Modification to the pilot program for streamlining awards for innova-
tive technology projects.
Sec. 820. Other transaction authority information accessibility.
Sec. 821. Modification of enhanced transfer of technology developed at Depart-
ment of Defense laboratories.
Sec. 822. Extension and revisions to never contract with the enemy program.
Sec. 823. Contractor lobbying restriction compliance requirement.
Subtitle C—Provisions Relating to Supply Chain Security
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 Au-
tonomous Region.
Sec. 837. Ensuring consideration of the national security impacts of uranium
as a critical mineral.
Sec. 838. Statement of policy and determination related to covered optical
transmission equipment or services.
Sec. 839. Supply of synthetic graphite for the Department of Defense.
Subtitle D—Industrial Base Matters
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 in-
novation 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. 847. Pilot program on defense innovation open topics.
Sec. 848. Report on Cybersecurity Maturity Model Certification effects on small
business.
Subtitle E—Other Matters
Sec. 851. Mission management pilot program.
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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. 856. Report on improvements to procurement technical assistance pro-
grams.
Sec. 857. Report on commercial item determinations.
Sec. 858. Pilot program to transition digitally secured manufacturing tech-
nologies.
Sec. 859. Briefing on expanded small unmanned aircraft systems capability.
Sec. 860. Waiver authorization streamlining.
Sec. 861. Modifications to Governmentwide goals for small business concerns.
Sec. 862. Duties of small business development center counselors.
Sec. 863. Comptroller General report on mergers and acquisitions in the de-
fense industrial base.
Sec. 864. Exemption of certain contracts awarded to small business concerns
from category management requirements.
Sec. 865. Prohibition on contracting with persons with willful or repeated viola-
tions of the Fair Labor Standards Act of 1938.
Sec. 866. Domestically sourced alternatives.
Sec. 867. Report on duplicative information technology contracts.
Sec. 868. Reestablishment of commission on wartime contracting.
Sec. 869. Application of price evaluation preference for qualified HUBZone
small business concerns to certain contracts.
Sec. 870. Combating trafficking in persons.
Sec. 871. Authority for the Office of Hearings and Appeals to decide appeals
relating to qualified HUBZone small business concerns.
Sec. 872. Microloan program; definitions.
Sec. 873. Amendments to contracting authority for certain small business con-
cerns.
Sec. 874. Congressional oversight of private security contractor contracts and
personnel.
Sec. 875. Boots to Business Program.
Sec. 876. Protests and appeals relating to eligibility of business concerns.
Sec. 877. Exemption of certain contracts from the periodic inflation adjust-
ments to the acquisition-related dollar threshold.
Sec. 878. Child care resource guide.
Sec. 879. Boots to Business Program.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Modification of requirements for appointment of a person as Sec-
retary of Defense after relief from active duty.
Sec. 902. Implementation of repeal of Chief Management Officer of the Depart-
ment of Defense.
Sec. 903. Designation of senior official for implementation of Electromagnetic
Spectrum Superiority Strategy.
Subtitle B—Other Department of Defense Organization and Management
Matters
Sec. 911. Clarification of treatment of Office of Local Defense Community Co-
operation as a Department of Defense Field Activity.
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Sec. 912. Use of Combatant Commander Initiative Fund for certain environ-
mental matters.
Sec. 913. Inclusion of explosive ordnance disposal in special operations activi-
ties.
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. 918. Explosive Ordnance Disposal Command.
Subtitle C—Space National Guard
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.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Determination of budgetary effects.
Sec. 1003. Budget justification for operation and maintenance.
Sec. 1004. Revision of limitation on funding for combatant commands through
Combatant Commander Initiative Fund.
Subtitle B—Naval Vessels
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 ship-
building 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. 1018. Congressional notification of pending retirements of naval vessels
that are viable candidates for artificial reefing.
Sec. 1019. Award of contracts for ship repair work to non-homeport shipyards
to meet surge capacity.
Subtitle C—Counterterrorism
Sec. 1021. Inclusion in counterterrorism briefings of information on use of mili-
tary 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 de-
tained at United States Naval Station, Guantanamo Bay,
Cuba, to certain countries.
Sec. 1024. Public availability of military commission proceedings.
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Subtitle D—Miscellaneous Authorities and Limitations
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 sys-
tems 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 un-
manned aircraft.
Sec. 1038. Limitation on use of funds for United States Space Command head-
quarters.
Sec. 1039. Limitation on contract authority to improve representation in cer-
tain media projects involving Department of Defense.
Sec. 1039A Limitation on retirement of LCM-8 landing craft platform.
Sec. 1039B. Consideration of human rights records of recipients of support of
special operations to combat terrorism.
Sec. 1039C. Limitation on use of funds pending compliance with certain statu-
tory reporting requirements.
Subtitle E—Studies and Reports
Sec. 1041. Congressional oversight of alternative compensatory control meas-
ures.
Sec. 1042. Comparative testing reports for certain aircraft.
Sec. 1043. Extension of reporting requirement regarding enhancement of infor-
mation sharing and coordination of military training between
Department Of Homeland Security And Department Of De-
fense.
Sec. 1044. Continuation of certain Department of Defense reporting require-
ments.
Sec. 1045. Geographic combatant command risk assessment of Air Force air-
borne intelligence, surveillance, and reconnaissance moderniza-
tion 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 equip-
ment.
Sec. 1049. Report on acquisition, delivery, and use of mobility assets that en-
able 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 Gar-
cia, 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 clas-
sified material that was destroyed, surrendered, and abandoned
in the withdrawal from Afghanistan.
Sec. 1055. Report on defense utility of United States territories and posses-
sions.
Sec. 1056. Report on Coast Guard explosive ordnance disposal.
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Sec. 1057. Independent assessment with respect to the Arctic region.
Sec. 1058. Annual report and briefing on Global Force Management Allocation
Plan.
Sec. 1059. Report on World War I and Korean War era Superfund facilities.
Sec. 1060. Briefing on electric autonomous shuttles on military installations.
Sec. 1061. Updated review and enhancement of existing authorities for using
Air Force and Air National Guard modular airborne fire-fight-
ing systems and other Department of Defense assets to fight
wildfires.
Sec. 1062. Annual report on use of social media by foreign terrorist organiza-
tions.
Sec. 1063. Report on Department of Defense excess personal property pro-
gram.
Sec. 1064. Interagency strategy to disrupt and dismantle narcotics production
and trafficking and affiliated networks linked to the regime of
Bashar al-Assad in Syria.
Sec. 1065. Report on recovery operations of 1952 C-119 Flying boxcar, call
name ‘‘Gamble Chalk 1’’.
Sec. 1065A. Cost analysis report on changes to military priorities.
Sec. 1065B. Report on Taliban’s illegal drug trade.
Sec. 1065C. Report on use of certain funding for counter-narcotics missions in
Central Asia.
Sec. 1065D. Report on status of certain aircraft and equipment moved from
Afghanistan to Uzbekistan, Tajikistan, or other foreign coun-
tries.
Sec. 1065E. Study and report on risks posed to Department of Defense infra-
structure and readiness by wildfire.
Sec. 1065F. Public availability of quarterly summaries of reports.
Sec. 1065G. Report on funds authorized to be appropriated for overseas contin-
gency operations.
Sec. 1065H. Air Force strategy for acquisition of combat rescue aircraft and
equipment.
Subtitle F—District of Columbia National Guard Home Rule
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.
Subtitle G—Other Matters
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 re-
serve 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 Oper-
ations.
Sec. 1078. Treatment of operational data from Afghanistan.
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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 pred-
ecessors.
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. 1090. National Museum of the Surface Navy.
Sec. 1091. Sense of Congress honoring the Dover Air Force Base, Delaware,
home to the 436th Airlift Wing, the 512th Airlift Wing, and
the Charles C. Carson Center for Mortuary Affairs.
Sec. 1092. Sense of Congress regarding the Port Chicago 50.
Sec. 1093. Transfer of excess aircraft to other departments of the Federal Gov-
ernment.
Sec. 1094. Independent epidemiological analysis of health effects from exposure
to Department of Defense activities in Vieques.
Sec. 1095. Availability of modular small arms range for Army Reserve in Puer-
to Rico.
Sec. 1096. Independent studies regarding potential cost savings with respect to
the nuclear security enterprise and force structure.
Sec. 1097. Inclusion of support services for Gold Star families in quadrennial
quality of life review.
Sec. 1098. Observance of National Atomic Veterans Day.
Sec. 1099. Anomalous Health Incidents Interagency Coordinator.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Subtitle A—Matters Relating to Civilian Personnel
Sec. 1101. One-year extension of authority to waive annual limitation on pre-
mium pay and aggregate limitation on pay for Federal civilian
employees working overseas.
Sec. 1102. One-year extension of temporary authority to grant allowances, ben-
efits, and gratuities to civilian personnel on official duty in a
combat zone.
Sec. 1103. DARPA personnel management authority to attract science and en-
gineering 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 De-
fense regarding sexual harassment and assault.
Sec. 1107. Guidelines for reductions in civilian positions.
Sec. 1108. Repeal of 2-year probationary period.
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Sec. 1109. Amendment to diversity and inclusion reporting.
Sec. 1110. Including active duty in the armed forces in meeting service require-
ment for Federal employee family and medical leave.
Sec. 1111. Treatment of hours worked under a qualified trade-of-time arrange-
ment.
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 local-
ity.
Sec. 1115. National Digital Reserve Corps.
Sec. 1116. Expansion of rate of overtime pay authority for Department of the
Navy employees performing work overseas on naval vessels.
Sec. 1117. Assessment of Accelerated Promotion Program suspension.
Sec. 1118. Extension of authority for temporary personnel flexibilities for Do-
mestic Defense Industrial Base Facilities and Major Range
and Test Facilities Base civilian personnel.
Sec. 1119. Repeal of crediting amounts received against pay of Federal em-
ployee or DC employee serving as a member of the National
Guard of the District of Columbia.
Sec. 1120. Federal employee annual survey.
Sec. 1121. Enhancement of recusal for conflicts of personal interest require-
ments for Department of Defense officers and employees.
Sec. 1122. Parental bereavement leave for Federal employees.
Subtitle B—PLUM Act
Sec. 1131. Short title.
Sec. 1132. Establishment of public website on Government policy and sup-
porting positions.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Extension of support of special operations for irregular warfare.
Sec. 1202. Report on human rights and building partner capacity programs.
Sec. 1203. Report on countries suitable for stabilization operations support.
Sec. 1204. Modification and extension of biennial Comptroller General of the
United States audits of programs to build the capacity of for-
eign security forces.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1211. Clarification of certain matters regarding protection of Afghan al-
lies.
Sec. 1212. Afghanistan Security Forces Fund.
Sec. 1213. Prohibition on providing funds or material resources of the Depart-
ment 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 cer-
tain 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.
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Sec. 1217. Quarterly report on the threat potential of Al-Qaeda and related ter-
rorist groups under a Taliban regime in Afghanistan.
Sec. 1218. Sense of Congress.
Sec. 1219. Joint report on Using the Synchronized Predeployment and Oper-
ational Tracker (SPOT) database to verify Afghan SIV Appli-
cant Information.
Sec. 1220. Prohibition on removal of publicly available accountings of military
assistance provided to the Afghan security forces.
Sec. 1220A. Sense of Congress relating to Kabul air strike.
Sec. 1220B. Requirement to attempt recovery of aircraft.
Sec. 1220C. Additional reports required of the Office of the Special Inspector
General for Afghanistan Reconstruction.
Sec. 1220D. Report on evacuation of United States citizens from Hamid Karzai
International Airport.
Sec. 1220E. Sense of Congress on women and girls in Afghanistan.
Sec. 1220F. Briefing on status of women and girls in Afghanistan.
Sec. 1220G. Prohibition on use of funds for military cooperation or intelligence
sharing with the Taliban.
Sec. 1220H. Threat assessment of terrorist threats posed by prisoners released
by Taliban in Afghanistan.
Sec. 1220I. Sense of Congress on the service of United States Armed Forces
servicemembers in Afghanistan.
Sec. 1220J. Report and certification on the fate and disposition of military
equipment belonging to Afghanistan security forces.
Sec. 1220K. Prohibition on funding to certain governments of Afghanistan.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension and modification of authority to provide assistance to vet-
ted 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. 1229. Sense of Congress regarding Israel.
Sec. 1229A. Sense of Congress on enrichment of uranium by Iran.
Sec. 1229B. Report on Iranian operations on United States soil.
Sec. 1229C. Congressional notification regarding cryptocurrency payments by
the Department of State.
Sec. 1229D. Support for forces in Iraq operating in the Nineveh Plains region
of Iraq.
Sec. 1229E Report on the threat posed by Iranian-backed militias in Iraq.
Sec. 1229F. Report on United Nations arms embargo on Iran.
Sec. 1229G. Report on IRGC-affiliated operatives abroad.
Subtitle D—Matters Relating to Russia
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.
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Sec. 1233. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1234. Report on options for assisting the Government of Ukraine in ad-
dressing integrated air and missile defense gaps.
Sec. 1235. Biennial report on Russian influence operations and campaigns tar-
geting military alliances and partnerships of which the United
States is a member.
Sec. 1236. Sense of Congress on Georgia.
Sec. 1237. Cooperation between the United States and Ukraine regarding the
titanium industry.
Subtitle E—Matters Relating to the Indo-Pacific Region
Sec. 1241. Sense of Congress on a free and open Indo-Pacific region.
Sec. 1242. Clarification of required budget information related to the Indo-Pa-
cific.
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 Gov-
ernment 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 ex-
ercise.
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. 1253. Report on intelligence matters regarding Taiwan.
Sec. 1254. Supporting Taiwan’s investment in asymmetric capabilities.
Sec. 1255. Modification of annual report on military and security developments
involving the People’s Republic of China.
Sec. 1256. United States military presence in Palau.
Sec. 1257. Report on enhancing security partnerships between the United
States and Indo-Pacific countries.
Sec. 1258. Sense of Congress on Korean and Korean-American veterans of the
war in Vietnam.
Sec. 1259. Report on United States-Taiwan semiconductor working group.
Sec. 1260. Department of Defense study on the emergence of militia fleets in
the South China Sea.
Sec. 1261. Statement of Congress regarding ongoing abuses against Uyghurs.
Sec. 1262. Defense and diplomatic strategy for Syria.
Sec. 1263. Statement of policy relating to reporting requirements of China’s
Maritime Safety Administration.
Sec. 1264. Establishment of China Watcher Program.
Sec. 1265. Compliance by China with Nuclear Non-Proliferation Treaty.
TITLE XIII—OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Matters Relating to Europe and NATO
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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. 1304. Report relating to Nordstream 2 Pipeline.
Sec. 1305. Audit of NATO sexual harassment and sexual assault policies and
processes.
Sec. 1306. Report on efforts of NATO to counter misinformation and
disinformation.
Sec. 1307. Funding for the NATO Strategic Communications Center of Excel-
lence.
Sec. 1308. Briefing on improvements to NATO Strategic Communications Cen-
ter of Excellence.
Sec. 1309. Sense of Congress on enhancing NATO efforts to counter misin-
formation and disinformation.
Sec. 1309A. Sense of Congress relating to the NATO Parliamentary Assembly.
Subtitle B—Security Cooperation and Assistance
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. 1314. Extension and modification of authority for certain payments to re-
dress injury and loss.
Sec. 1315. Report on security assistance to the Governments of Mali, Guinea,
and Chad.
Sec. 1316. Study on certain security cooperation programs.
Sec. 1317. Plan for vetting security assistance participants for participation in
groups that have a violent ideology.
Subtitle C—Other Matters
Sec. 1321. Extension of authority for Department of Defense support for sta-
bilization 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. 1325. Imposition of sanctions with respect to Nord Stream 2.
Sec. 1326. Report on Azerbaijan.
Sec. 1327. Rule of Law and Democratic Stability in Central America Act.
Sec. 1328. Department of State efforts regarding firearms trafficking to Mex-
ico.
Sec. 1329. Gray Zone Review Act.
Sec. 1330. Transnational repression accountability and prevention.
Sec. 1331. Combating global corruption.
Sec. 1332. Report on participants in security cooperation training programs
and recipients of security assistance training that have been
designated for human rights abuses, terrorist activities or par-
ticipation in a military coup.
Sec. 1333. Sense of Congress relating to the Grand Ethiopian Renaissance
Dam.
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Sec. 1334. Prohibition on support or military participation against the Houthis.
Sec. 1335. Determination and suspension of certain defense services and sup-
port to Saudi Arabia.
Sec. 1336. Prohibition on security cooperation with Brazil.
Sec. 1337. Briefing on Department of Defense Program to Protect United
States Students Against Foreign Agents.
Sec. 1338. Sense of Congress on Israel as a critical defense partner.
Sec. 1339. Report on Haiti.
Sec. 1340. Strategy to counter violent extremism and armed conflict in Mozam-
bique.
Sec. 1341. Establishment of the office of city and state diplomacy.
Sec. 1342. Extension of prohibition on in-flight refueling to non-United States
aircraft that engage in hostilities in the ongoing civil war in
Yemen.
Sec. 1343. Report on incidents of arbitrary detention, violence, and state-sanc-
tioned harassment by the Government of Egypt against Ameri-
cans.
Sec. 1344. Modification of authority of the President under the Export Control
Reform Act of 2018.
Sec. 1345. Report and determination on extrajudicial killings and torture by
Egyptian Government security forces.
Sec. 1346. Trans-Sahara Counterterrorism Partnership Program.
Sec. 1347. Human rights awareness for American athletic delegations.
Sec. 1348. Report on human rights in Colombia.
Sec. 1349. Prohibition on exports of items used for crowd control purposes to
Colombia’s Mobile Anti-Disturbances Squadron.
Sec. 1350. Annual report relating to the situation in the Democratic Republic
of the Congo.
Sec. 1351. Report on Israeli regional military coordination.
Sec. 1352. Arctic Region Diplomacy Policy.
Sec. 1353. Prohibition on use of funds to provide for the commercial export or
transfer of certain military or policy weaponry to Saudi Ara-
bia’s Rapid Intervention Force.
Sec. 1354. Report and strategy relating to human trafficking and slavery in
Libya.
Sec. 1355. U.S.-Israel Military Technology Cooperation Act.
Sec. 1356. Report on open radio access networks technology.
Sec. 1357. Report the Grey Wolves organization.
Sec. 1358. Prioritization of efforts of the Department of State to combat inter-
national trafficking in covered synthetic drugs.
Sec. 1359. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors.
Sec. 1360. Report on United States humanitarian aid to Nagorno Karabakh.
Sec. 1361. Annual report on United States strategy to counter malign foreign
influence in Africa.
Sec. 1362. Independent study on human rights abuses related to the arms ex-
ports of the top five arms-exporting foreign countries.
Sec. 1363. Funding for civilian harm mitigation by Defense Security Coopera-
tion Agency.
Subtitle D—Central American Women and Children Protection Act of 2021
Sec. 1371. Short title.
Sec. 1372. Findings.
Sec. 1373. Women and children protection compacts.
Sec. 1374. Authorization of assistance.
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Sec. 1375. Congressional notification.
Sec. 1376. Compact progress reports and briefings.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B—Other Matters
Sec. 1411. Acquisition of strategic and critical materials from the national tech-
nology and industrial base.
Sec. 1412. Authority for transfer of funds to joint Department of Defense-De-
partment of Veterans Affairs Medical Facility Demonstration
Fund for Captain James A. Lovell Health Care Center, Illi-
nois.
Sec. 1413. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1414. Establishment of Southern New England Regional Commission.
TITLE XV—CYBERSPACE-RELATED MATTERS
Subtitle A—Cyber Threats
Sec. 1501. Cyber threat information collaboration environment.
Sec. 1502. Enterprise-wide procurement of commercial cyber threat information
products.
Subtitle B—Cyber Systems and Operations
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.
Subtitle C—Cyber Weapons
Sec. 1521. Notification requirements regarding cyber weapons.
Sec. 1522. Cybersecurity of weapon systems.
Sec. 1523. Extension of sunset for pilot program on regional cybersecurity
training center for the Army National Guard.
Subtitle D—Other Cyber Matters
Sec. 1531. Feasibility study regarding establishment within the Department of
Defense a designated central program office, headed by a sen-
ior 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 De-
fense serving as Principal Cyber Advisor of the Department.
Sec. 1533. Authority for National Cyber Director to accept details on nonreim-
bursable basis.
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Sec. 1534. CyberSentry program of the Cybersecurity and Infrastructure Secu-
rity Agency.
Sec. 1535. Cyber Incident Review Office.
Sec. 1536. CISA Director appointment and term.
Sec. 1537. United States-Israel cybersecurity cooperation.
Sec. 1538. Cyber incident response plan.
Sec. 1539. Report on plan to fully fund the Information Systems Security Pro-
gram and next generation encryption.
Sec. 1540. Assessment of Controlled Unclassified Information Program.
Sec. 1541. Evaluation of Department of Defense cyber governance.
Sec. 1542. Operational technology and mission-relevant terrain in cyberspace.
Sec. 1543. Implementation of certain cybersecurity recommendations; cyber hy-
giene and Cybersecurity Maturity Model Certification Frame-
work.
Sec. 1544. National Cyber Exercise Program.
Sec. 1545. Department of Homeland Security guidance with respect to certain
information and communications technology or services con-
tracts.
Sec. 1546. Strategic assessment relating to innovation of information systems
and cybersecurity threats.
TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
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 com-
mercial satellite remote sensing.
Sec. 1608. National Security Council briefing on potential harmful interference
to Global Positioning System.
Sec. 1609. Limitation on availability of funds for prototype program for multi-
global navigation satellite system receiver development.
Sec. 1610. Report on space debris.
Sec. 1610A. National Space Council briefing on threats to United States space
systems.
Sec. 1610B. Leveraging commercial on-orbit satellite servicing.
Sec. 1610C. Report on sensing capabilities of the Department of Defense to as-
sist fighting wildfires.
Sec. 1610D. Non-geostationary orbit satellite constellations.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
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 Secu-
rity to engage in fundraising for certain nonprofit organiza-
tions.
Sec. 1614. Executive agent for explosive ordnance intelligence.
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Sec. 1615. Inclusion of explosive ordnance intelligence in Defense Intelligence
Agency activities.
Sec. 1616. Modification of requirement for annual reports on vulnerabilities eq-
uities process.
Subtitle C—Nuclear Forces
Sec. 1621. Exercises of nuclear command, control, and communications system.
Sec. 1622. Independent review of nuclear command, control, and communica-
tions system.
Sec. 1623. Review of safety, security, and reliability of nuclear weapons and re-
lated 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 infor-
mation relating to proposed budget for nuclear-armed sea-
launched cruise missile.
Sec. 1628. Limitation on availability of certain funds until submission of infor-
mation 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. 1634. Report on global nuclear leadership of the United States.
Subtitle D—Missile Defense Programs
Sec. 1641. Directed energy programs for ballistic and hypersonic missile de-
fense.
Sec. 1642. Notification of changes to non-standard acquisition and require-
ments 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. 1649. Studies by private scientific advisory group known as JASON.
Sec. 1650. Report on senior leadership of Missile Defense Agency.
Sec. 1650A. Sense of Congress on Aegis Ashore sites in Poland and Romania.
Subtitle E—Other Matters
Sec. 1651. Cooperative threat reduction funds.
Sec. 1652. Establishment of office to address unidentified aerial phenomena.
Sec. 1653. Matters regarding Integrated Deterrence Review.
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Sec. 1654. Sense of Congress on indemnification and the conventional prompt
global strike weapon system.
Sec. 1655. Declassification review relating to tests in the Marshall Islands.
TITLE XVII—TECHNICAL AMENDMENTS RELATED TO THE
TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION
STATUTES
Sec. 1701. Technical, conforming, and clerical amendments related to the
transfer and reorganization of defense acquisition statutes.
Sec. 1702. Conforming cross reference technical amendments related to the
transfer and reorganization of defense acquisition statutes.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2003. Effective date.
TITLE XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project.
Sec. 2105. Modification of authority to carry out certain fiscal year 2021
project.
Sec. 2106. Additional authorized funding source for certain fiscal year 2022
project.
TITLE XXII—NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects.
Sec. 2305. Modification of authority to carry out military construction projects
at Tyndall Air Force Base, Florida.
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment Program
projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2017 project.
TITLE XXV—INTERNATIONAL PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
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Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition
projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure
Account.
Sec. 2702. Conditions on closure of Pueblo Chemical Depot and Chemical
Agent-Destruction Pilot Plant, Colorado.
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program Changes
Sec. 2801. Special construction authority to use operation and maintenance
funds to meet certain United States military-related construc-
tion 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 regard-
ing solicitation and award of subcontracts under military con-
struction contracts.
Sec. 2804. Public availability of information on Facilities Sustainment, Res-
toration, 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. 2808. Improved congressional oversight and public transparency of mili-
tary construction contract awards.
Sec. 2809. Flood risk management for military construction.
Sec. 2809A. Department of Defense stormwater management projects for mili-
tary installations and defense access roads.
Subtitle B—Continuation of Military Housing Reforms
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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 dis-
abilities.
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.
Subtitle C—Real Property and Facilities Administration
Sec. 2821. Secretary of the Navy authority to support development and oper-
ation 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. 2824. Intergovernmental support agreements for installation-support serv-
ices.
Subtitle D—Military Facilities Master Plan Requirements
Sec. 2831. Cooperation with State and local governments in development of
master plans for major military installations.
Sec. 2832. Additional changes to requirements regarding master plans for
major military installations.
Sec. 2833. Prompt completion of military installation resilience component of
master plans for at-risk major military installations.
Sec. 2834. Congressional oversight of master plans for Army ammunition
plants guiding future infrastructure, facility, and production
equipment improvements.
Subtitle E—Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of pri-
vate nursing and lactation space in certain military construc-
tion projects.
Sec. 2842. Additional Department of Defense activities to improve energy resil-
iency 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 Fa-
cilities Guide Specifications regarding use of variable refrig-
erant flow systems.
Sec. 2845. Amendment of Unified Facilities Criteria to promote energy efficient
military installations.
Subtitle F—Land Conveyances
Sec. 2851. Modification of restrictions on use of former Navy property conveyed
to University of California, San Diego, California.
Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts.
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Sec. 2853. Land conveyance, Rosecrans Air National Guard Base, Saint Jo-
seph, Missouri.
Sec. 2854. Land conveyance, Naval Air Station Oceana, Virginia Beach, Vir-
ginia.
Subtitle G—Authorized Pilot Programs
Sec. 2861. Pilot program on increased use of mass timber in military construc-
tion.
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 instal-
lations through deployment of telecommunications infrastruc-
ture.
Subtitle H—Asia-Pacific and Indo-Pacific Issues
Sec. 2871. Improved oversight of certain infrastructure services provided by
Naval Facilities Engineering Systems Command Pacific.
Sec. 2872. Annual report on renewal of Department of Defense easements and
leases of land in Hawai‘i.
Sec. 2873. Report on long-term infrastructure needs to support Marine Corps
realignment in United States Indo-Pacific Command Area of
Responsibility.
Sec. 2874. Five-year updates of Hawai‘i Military Land Use Master Plan.
Subtitle I—Miscellaneous Studies and Reports
Sec. 2881. Identification of organic industrial base gaps and vulnerabilities re-
lated to climate change and defensive cybersecurity capabilities.
Sec. 2882. Report on recognition of African American servicemembers in De-
partment of Defense naming practices.
Subtitle J—Other Matters
Sec. 2891. Clarification of installation and maintenance requirements regarding
fire extinguishers in Department of Defense facilities.
TITLE XXIX—ADDITIONAL MILITARY CONSTRUCTION PROJECTS
RELATED TO SCIENCE, TECHNOLOGY, TEST, AND EVALUATION
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.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE I—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
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Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B—Program Authorizations, Restrictions, Limitations, and Other
Matters
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. 3117. Department of Energy study on the W80–4 nuclear warhead life ex-
tension program.
Sec. 3118. Release of reversionary interest in certain real property, Springfield,
Ohio.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Technical amendments regarding Chair and Vice Chair of Defense
Nuclear Facilities Safety Board.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME MATTERS
Subtitle A—Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Maritime Administration.
Subtitle B—Other Matters
Sec. 3511. Effective period for issuance of documentation for recreational ves-
sels.
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 Secu-
rity 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.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
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Sec. 4101. Procurement.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E—NON-DEPARTMENT OF DEFENSE MATTERS
TITLE L—BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE
IN EDUCATION MODERNIZATION ACT
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.
TITLE LI—FINANCIAL SERVICES MATTERS
Sec. 5101. Enhanced protection against debt collector harassment of
servicemembers.
Sec. 5102. Comptroller General study on enhanced protection against debt col-
lector 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 as-
sistance with respect to advanced wireless technologies.
Sec. 5106. Protections for obligors and cosigners in case of death or total and
permanent disability.
Sec. 5107. Servicemember protections for medical debt collections.
Sec. 5108. Protections for active duty uniformed consumer.
Sec. 5109. United States contribution to the Catastrophe Containment and Re-
lief Trust at the International Monetary Fund.
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Sec. 5110. China Financial Threat Mitigation.
Sec. 5111. Banking Transparency for Sanctioned Persons.
Sec. 5112. Determination with respect to primary money laundering concern of
afghan illicit finance.
Sec. 5113. Study and report on housing and service needs of survivors of traf-
ficking and individuals at risk for trafficking.
Sec. 5114. Aml examination authority delegation study.
Sec. 5115. Coordinator for human trafficking issues.
Sec. 5116. Study on the financing of domestic violent extremists and terrorists.
Sec. 5117. Military service question.
Sec. 5118. Inclusion of veterans in housing planning.
Sec. 5119. Annual report on housing assistance to veterans.
Sec. 5120. Use of financial services providers in provision of financial literacy
training for members of the Armed Forces at military installa-
tions outside the United States.
Sec. 5121. SAVE Act of 2021.
Sec. 5122. Prohibitions or conditions on certain transmittals of funds.
Sec. 5123. Strengthening Awareness of Sanctions.
Sec. 5124. Working Group to support innovation with respect to digital assets.
Sec. 5125. Including of Tribal Governments and Territories in the High-risk
money laundering and related financial crime areas.
Sec. 5126. Report by the President on current status of activities relating to
COVID–19 testing under the Defense Production Act of 1950.
Sec. 5127. Banking transparency for sanctioned persons.
Sec. 5128. FinCEN Exchange.
Sec. 5129. United States policy on Burma at the international financial institu-
tions.
TITLE LII—RECOMMENDATIONS OF THE NATIONAL SECURITY
COMMISSION ON ARTIFICIAL INTELLIGENCE
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. 5209. Reports on recommendations of National Security Commission on
Artificial Intelligence regarding Department of Defense.
Sec. 5210. Chief Human Capital Officers Council annual report.
Sec. 5211. Enhanced role of the Under Secretary of Defense for Research and
Engineering on the Joint Requirements Oversight Council.
TITLE LIII—GREAT LAKES WINTER SHIPPING
Sec. 5301. Great Lakes winter shipping.
Sec. 5302. Law Enforcement Attache Deployment.
TITLE LIV—SAFE BANKING
Sec. 5401. Short title; table of contents; purpose.
Sec. 5402. Safe harbor for depository institutions.
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Sec. 5403. Protections for ancillary businesses.
Sec. 5404. Protections under Federal law.
Sec. 5405. Rules of construction.
Sec. 5406. Requirements for filing suspicious activity reports.
Sec. 5407. Guidance and examination procedures.
Sec. 5408. Annual diversity and inclusion report.
Sec. 5409. GAO study on diversity and inclusion.
Sec. 5410. GAO study on effectiveness of certain reports on finding certain per-
sons.
Sec. 5411. Application of this title with respect to hemp-related legitimate busi-
nesses and hemp-related service providers.
Sec. 5412. Banking services for hemp-related legitimate businesses and hemp-
related service providers.
Sec. 5413. Requirements for deposit account termination requests and orders.
Sec. 5414. Definitions.
Sec. 5415. Discretionary surplus funds.
TITLE LV—WILDERNESS AND PUBLIC LANDS
Subtitle A—Colorado Wilderness
Sec. 5501. Secretary defined.
Sec. 5502. Additions to National Wilderness Preservation System in the State
of Colorado.
Sec. 5503. Administrative provisions.
Sec. 5504. Water.
Sec. 5505. Sense of Congress.
Sec. 5506. Department of defense study on impacts that the expansion of wil-
derness designations in the western united states would have
on the readiness of the armed forces of the united states with
respect to aviation training.
Subtitle B—Northwest California Wilderness, Recreation, and Working
Forests
Sec. 5510. Definitions.
PART 1—RESTORATION AND ECONOMIC DEVELOPMENT
Sec. 5511. South Fork Trinity-Mad River Restoration Area.
Sec. 5512. Redwood National and State Parks restoration.
Sec. 5513. California Public Lands Remediation Partnership.
Sec. 5514. Trinity Lake visitor center.
Sec. 5515. Del Norte County visitor center.
Sec. 5516. Management plans.
Sec. 5517. Study; partnerships related to overnight accommodations.
PART 2—RECREATION
Sec. 5521. Horse Mountain Special Management Area.
Sec. 5522. Bigfoot National Recreation Trail.
Sec. 5523. Elk Camp Ridge Recreation Trail.
Sec. 5524. Trinity Lake Trail.
Sec. 5525. Trails study.
Sec. 5526. Construction of mountain bicycling routes.
Sec. 5527. Partnerships.
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PART 3—CONSERVATION
Sec. 5531. Designation of wilderness.
Sec. 5532. Administration of wilderness.
Sec. 5533. Designation of potential wilderness.
Sec. 5534. Designation of wild and scenic rivers.
Sec. 5535. Sanhedrin Special Conservation Management Area.
PART 4—MISCELLANEOUS
Sec. 5541. Maps and legal descriptions.
Sec. 5542. Updates to land and resource management plans.
Sec. 5543. Pacific Gas and Electric Company Utility facilities and rights-of-
way.
Subtitle C—Wild Olympics Wilderness and Wild and Scenic Rivers
Sec. 5551. Designation of olympic national forest wilderness areas.
Sec. 5552. Wild and scenic river designations.
Sec. 5553. Existing rights and withdrawal.
Sec. 5554. Treaty rights.
Subtitle D—Central Coast Heritage Protection
Sec. 5561. Definitions.
Sec. 5562. Designation of wilderness.
Sec. 5563. Designation of the Machesna Mountain Potential Wilderness.
Sec. 5564. Administration of wilderness.
Sec. 5565. Designation of Wild and Scenic Rivers.
Sec. 5566. Designation of the Fox Mountain Potential Wilderness.
Sec. 5567. Designation of scenic areas.
Sec. 5568. Condor National Scenic Trail.
Sec. 5569. Forest service study.
Sec. 5570. Nonmotorized recreation opportunities.
Sec. 5571. Use by members of Tribes.
Subtitle E—San Gabriel Mountains Foothills and Rivers Protection
Sec. 5580. Definition of State.
PART 1—SAN GABRIEL NATIONAL RECREATION AREA
Sec. 5581. Purposes.
Sec. 5582. Definitions.
Sec. 5583. San Gabriel National Recreation Area.
Sec. 5584. Management.
Sec. 5585. Acquisition of non-Federal land within Recreation Area.
Sec. 5586. Water rights; water resource facilities; public roads; utility facilities.
Sec. 5587. San Gabriel National Recreation Area Public Advisory Council.
Sec. 5588. San Gabriel National Recreation Area Partnership.
Sec. 5589. Visitor services and facilities.
PART 2—SAN GABRIEL MOUNTAINS
Sec. 5591. Definitions.
Sec. 5592. National Monument Boundary Modification.
Sec. 5593. Designation of Wilderness Areas and Additions.
Sec. 5594. Administration of Wilderness Areas and Additions.
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Sec. 5595. Designation of Wild and Scenic Rivers.
Sec. 5596. Water rights.
Subtitle F—Rim of the Valley Corridor Preservation
Sec. 5597. Boundary adjustment; land acquisition; administration.
TITLE LVI—COLORADO AND GRAND CANYON PUBLIC LANDS
Subtitle A—Colorado Outdoor Recreation and Economy
Sec. 5601. Definition of State.
PART 1—CONTINENTAL DIVIDE
Sec. 5611. Definitions.
Sec. 5612. Colorado Wilderness additions.
Sec. 5613. Williams Fork Mountains Wilderness.
Sec. 5614. Tenmile Recreation Management Area.
Sec. 5615. Porcupine Gulch Wildlife Conservation Area.
Sec. 5616. Williams Fork Mountains Wildlife Conservation Area.
Sec. 5617. Camp Hale National Historic Landscape.
Sec. 5618. White River National Forest boundary modification.
Sec. 5619. Rocky Mountain National Park Potential Wilderness boundary ad-
justment.
Sec. 5620. Administrative provisions.
PART 2—SAN JUAN MOUNTAINS
Sec. 5631. Definitions.
Sec. 5632. Additions to National Wilderness Preservation System.
Sec. 5633. Special management areas.
Sec. 5634. Release of wilderness study areas.
Sec. 5635. Administrative provisions.
PART 3—THOMPSON DIVIDE
Sec. 5641. Purposes.
Sec. 5642. Definitions.
Sec. 5643. Thompson Divide Withdrawal and Protection Area.
Sec. 5644. Thompson Divide lease exchange.
Sec. 5645. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program.
Sec. 5646. Effect.
PART 4—CURECANTI NATIONAL RECREATION AREA
Sec. 5651. Definitions.
Sec. 5652. Curecanti National Recreation Area.
Sec. 5653. Acquisition of land; boundary management.
Sec. 5654. General management plan.
Sec. 5655. Boundary survey.
Subtitle B—Grand Canyon Protection
Sec. 5661. Withdrawal of Certain Federal land in the State of Arizona.
TITLE LVII—STRENGTHENING MARINE MAMMAL CONSERVATION
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Sec. 5701. Definition of Administrator.
Sec. 5702. Vessel speed restrictions in marine mammal habitat.
Sec. 5703. Monitoring ocean soundscapes.
Sec. 5704. Grants for seaports to establish programs to reduce the impacts of
vessel traffic and port operations on marine mammals.
Sec. 5705. Near real-time monitoring and mitigation program for large whales.
Sec. 5706. Grants to support technology that reduces underwater noise from
vessels.
Sec. 5707. Technology assessment for quieting United States Government ves-
sels.
TITLE LVIII—ALCEE L. HASTINGS LEADERSHIP INSTITUTE FOR
INCLUSIVE TRANSATLANTIC ENGAGEMENT
Sec. 5801. Establishment of Alcee L. Hastings Leadership Institute for Inclu-
sive Transatlantic Engagement as pilot program.
Sec. 5802. Purposes and authority of Alcee L. Hastings Leadership Institute
for Inclusive Transatlantic Engagement.
Sec. 5803. Administrative provisions.
Sec. 5804. Administrative provisions.
Sec. 5805. Definitions.
Sec. 5806. Authorization of appropriations; disbursements.
TITLE LIX—FEDERAL CYBERSECURITY WORKFORCE EXPANSION
Sec. 5901. Findings.
Sec. 5902. Cybersecurity and infrastructure security apprenticeship program.
Sec. 5903. Pilot program on cyber training for veterans and members of the
armed forces transitioning to civilian life.
Sec. 5904. Federal workforce assessment extension.
Sec. 5905. Title XXII technical and clerical amendments.
TITLE LX—SAUDI ARABIA ACCOUNTABILITY FOR GROSS
VIOLATIONS OF HUMAN RIGHTS ACT
Sec. 6001. Short title.
Sec. 6002. Findings.
Sec. 6003. Sanctions with respect to foreign persons listed in the report of the
Director of National Intelligence on the murder of Jamal
Khashoggi.
Sec. 6004. Report on intimidation or harassment directed against individuals in
the United States and other matters.
Sec. 6005. Report on efforts to uphold human rights in United States security
assistance programs with the Government of Saudi Arabia.
Sec. 6006. Report on certain entities connected to foreign persons on the mur-
der of Jamal Khashoggi.
TITLE LXI—PREVENTING FUTURE PANDEMICS
Sec. 6101. Wildlife market defined.
Sec. 6102. International cooperation.
TITLE LXII—DEPARTMENT OF HOMELAND SECURITY MEASURES
Subtitle A—DHS Headquarters, Research and Development, and Related
Matters
Sec. 6201. Chief Human Capital Officer responsibilities.
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Sec. 6202. Employee engagement steering committee and action plan.
Sec. 6203. Annual employee award program.
Sec. 6204. Independent investigation and implementation plan.
Sec. 6205. Impacts of shutdown.
Sec. 6206. Technical corrections to quadrennial homeland security review.
Sec. 6207. Authorization of the acquisition professional career program.
Sec. 6208. National Urban Security Technology Laboratory.
Sec. 6209. Department of Homeland Security Blue Campaign enhancement.
Sec. 6210. Department of homeland security mentor-protégé program.
Sec. 6211. Medical countermeasures program.
Sec. 6212. Critical domain research and development.
Subtitle B—Cybersecurity
Sec. 6221. Title XXII technical and clerical amendments.
Sec. 6222. State and local cybersecurity grant program.
Sec. 6223. Strategy.
Sec. 6224. Cybersecurity vulnerabilities.
Sec. 6225. Capabilities of the Cybersecurity and Infrastructure Security Agency
to identify threats to industrial control systems.
Sec. 6226. Report on cybersecurity vulnerabilities.
Sec. 6227. Competition relating to cybersecurity vulnerabilities.
Sec. 6228. National Cyber Exercise Program.
Subtitle C—Transportation Security
Sec. 6231. Survey of the Transportation Security Administration workforce re-
garding COVID–19 response.
Sec. 6232. Transportation security preparedness plan.
Sec. 6233. Authorization of Transportation Security Administration personnel
details.
Sec. 6234. Transportation Security Administration preparedness.
Sec. 6235. Plan to reduce the spread of coronavirus at passenger screening
checkpoints.
Sec. 6236. Comptroller General review of Department of Homeland Security
trusted traveler programs.
Sec. 6237. Enrollment redress with respect to Department of Homeland Secu-
rity trusted traveler programs.
Sec. 6238. Threat information sharing.
Sec. 6239. Local law enforcement security training.
Sec. 6240. Allowable uses of funds for public transportation security assistance
grants.
Sec. 6241. Periods of performance for public transportation security assistance
grants.
Sec. 6242. GAO review of public transportation security assistance grant pro-
gram.
Sec. 6243. Sensitive security information; international aviation security.
TITLE LXIII—COVID–19 EMERGENCY MEDICAL SUPPLIES
Sec. 6301. Short title.
Sec. 6302. Determination on emergency supplies and relationship to state and
local efforts.
Sec. 6303. Engagement with the private sector.
Sec. 6304. Enhancement of supply chain production.
Sec. 6305. Oversight of current activity and needs.
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Sec. 6306. Enhancements to the Defense Production Act of 1950.
Sec. 6307. Securing essential medical materials.
Sec. 6308. GAO report.
Sec. 6309. Definitions.
TITLE LXIV—OTHER MATTERS
Sec. 6401. FAA rating of civilian pilots of the Department of Defense.
Sec. 6402. Property disposition for affordable housing.
Sec. 6403. Requirement to establish a national network for microelectronics re-
search and development.
Sec. 6404. Definition of State for purposes of Omnibus Crime Control and Safe
Streets Act of 1968.
Sec. 6405. Advancing Mutual Interests and Growing Our Success.
Sec. 6406. Department of Veterans Affairs Governors Challenge grant pro-
gram.
Sec. 6407. Foreign Corruption Accountability.
Sec. 6408. Justice for Victims of Kleptocracy.
Sec. 6409. Expansion of scope of Department of Veterans Affairs open burn pit
registry to include open burn pits in Egypt and Syria.
Sec. 6410. 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. 6411. Extension of time limitation for use of entitlement under Depart-
ment of Veterans Affairs educational assistance programs by
reason of school closures due to emergency and other situa-
tions.
Sec. 6412. Exemption of certain Homeland Security fees for certain immediate
relatives of an individual who received the Purple Heart.
Sec. 6413. Payments to individuals who served during World War II in the
United States Merchant Marine.
Sec. 6414. Resolution of controversies under Servicemembers Civil Relief Act.
Sec. 6415. Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act.
Sec. 6416. Clarification of private right of action under Servicemembers Civil
Relief Act.
Sec. 6417. Prohibition on United States persons from purchasing or selling
Russian sovereign debt.
Sec. 6418. Addition of Virgin Islands visa waiver to Guam and Northern Mar-
iana Islands visa waiver.
Sec. 6419. Threshold for reporting additions to toxics release inventory.
Sec. 6420. National primary drinking water regulations for PFAS.
Sec. 6421. PFAS data call.
Sec. 6422. EPA requirement for submission of analytical reference standards
for PFAS.
Sec. 6423. Review of Standard Occupational Classification System.
Sec. 6424. Eligibility for interment in national cemeteries.
Sec. 6425. Afghanistan Refuge Special Envoy.
Sec. 6426. Authority of President to appoint successors to members of Board
of Visitors of military academies whose terms have expired.
Sec. 6427. Authorization for United States participation in the Coalition for
Epidemic Preparedness Innovations.
Sec. 6428. Sense of Congress on role of human rights in reducing violence in
Nigeria.
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Sec. 6429. Treatment of paycheck protection program loan forgiveness of pay-
roll costs under highway and public transportation project cost
reimbursement contracts.
Sec. 6430. Grants to States for Seal of Biliteracy programs.
Sec. 6431. Annual report from the Advisory Committee on Women Veterans.
Sec. 6432. Study on contamination of Coldwater Creek, Missouri.
Sec. 6433. Recognition and honoring of service of individuals who served in
United States Cadet Nurse Corps during World War II.
Sec. 6434. Report relating to establishment of preclearance facility in Taiwan.
Sec. 6435. Documenting and responding to discrimination against migrants
abroad.
Sec. 6436. Sense of Congress on recognizing women in the United States for
their service in World War II and recognizing the role of Rep-
resentative Edith Nourse Rogers in establishing the Women’s
Army Auxiliary Corps and the Women’s Army Corps.
Sec. 6437. Protection of Saudi Dissidents Act of 2021.
Sec. 6438. Global Health Security Act of 2021.
Sec. 6439. Codification of the FedRAMP program.
Sec. 6440. Annual report on veteran access to gender specific services under
Department of Veterans Affairs community care contracts.
Sec. 6441. Establishment of environment of care standards and inspections at
Department of Veterans Affairs medical centers.
Sec. 6442. National Global War on Terrorism Memorial.
Sec. 6443. Amendments to annual Country Reports on Human Rights Prac-
tices.
Sec. 6444. National security commission on synthetic biology.
Sec. 6445. Requirements relating to unmanned aircraft systems.
Sec. 6446. Admission of essential scientists and technical experts to promote
and protect National Security Innovation Base.
Sec. 6447. Contracts by the President, the Vice President, or a Cabinet Mem-
ber.
Sec. 6448. Report on all comprehensive sanctions imposed on foreign govern-
ments.
Sec. 6449. Comptroller General report on equipment in Afghanistan.
Sec. 6450. China Economic Data Coordination Center.
Sec. 6451. Flight instruction or testing.
Sec. 6452. Required notification and reports related to Peacekeeping Oper-
ations account.
Sec. 6453. National biodefense science and technology strategy.
Sec. 6454. Tick identification pilot program.
Sec. 6455. Preventing Sexual Harassment in Public Housing.
Sec. 6456. Semiconductor production incentive expansion.
Sec. 6457. Semiconductor production incentive expansion.
Sec. 6458. Authority for Secretary of Health and Human Services to accept
unused COVID–19 vaccines for potential redistribution.
Sec. 6459. Pilot program to employ veterans in positions relating to conserva-
tion and resource management activities.
Sec. 6460. Use of veterans with medical occupations in response to national
emergencies.
Sec. 6461. Critical Technology Security Centers.
Sec. 6462. Pilot program on doula support for veterans.
Sec. 6463. Establishment of Afghan Threat Finance Cell.
Sec. 6464. Determination of potential genocide or crimes against humanity in
Ethiopia.
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Sec. 6465. Attorney General report on war crimes and torture by United States
citizens in Libya.
Sec. 6466. Review of implementation of United States sanctions with respect to
violators of the arms embargo on Libya.
Sec. 6467. Prohibition of Federal funding for induced or required undermining
of security of consumer communications goods.
Sec. 6468. Annual report on surveillance sales to repressive governments.
Sec. 6469. Review of sanctions with respect to Russian kleptocrats and human
rights abusers.
Sec. 6470. Modifications to and reauthorization of sanctions with respect to
human rights violations.
Sec. 6471. Sense of Congress with respect to the production of baseload power
in the United States.
Sec. 6472. Strategy and reporting related to United States engagement in So-
malia.
Sec. 6473. Prohibition on contributions to support the G5 Sahel Joint Force.
Sec. 6474. Menstrual products in public buildings.
Sec. 6475. Department of Veterans Affairs awareness campaign on fertility
services.
Sec. 6476. Memorial for those who lost their lives in the attack on Hamid
Karzai International Airport on August 26, 2021.
Sec. 6477. Corey Adams Green Alert Systems Technical Assistance.
Sec. 6478. Housing allowance for Federal wildland firefighters.
Sec. 6479. Mental health program for Federal wildland firefighters.
Sec. 6480. Reports on substance abuse in the Armed Forces.
Sec. 6481. Prohibition on the use of funds for aerial fumigation in Colombia.
Sec. 6482. Annual report on United States policy toward South Sudan.
Sec. 6483. Sense of Congress on the use of the Defense Production Act of 1950
for global vaccine production.
Sec. 6484. National Academies Science, Technology, and Security Roundtable.
Sec. 6485. Prohibition on Federal Funding to EcoHealth Alliance, Inc.
Sec. 6486. Blocking Deadly Fentanyl Imports.
Sec. 6487. Department of Veterans Affairs report on supportive services and
housing insecurity.
Sec. 6488. Report on obstacles to veteran participation in Federal housing pro-
grams.
Sec. 6489. Inclusion on the Vietnam Veterans Memorial Wall of the names of
the lost crew members of the U.S.S. Frank E. Evans killed on
June 3, 1969.
Sec. 6490. Jamal Khashoggi Press Freedom Accountability Act of 2021.
Sec. 6491. Interagency One Health Program.
Sec. 6492. Support for Afghan Special Immigrant Visa and Refugee Appli-
cants.
Sec. 6493. Review and Report of experimentation with ticks and insects.
Sec. 6494. Increase in length of post-employment ban on lobbying by certain
former senior executive branch personnel.
Sec. 6495. Afghan refugees of special humanitarian concern.
Sec. 6496. Establishment of Subcommittee on the Economic and Security Im-
plications of Quantum Information Science.
Sec. 6497. Report on effectiveness of Taliban sanctions.
Sec. 6498. Report on net worth of Syrian President Bashar al-Assad.
Sec. 6499. Report on assistance to Turkmenistan.
Sec. 6499A. Report on space debris and low Earth orbit satellites.
Sec. 6499B. Study on supply chains critical to national security.
Sec. 6499C. Strategy for engagement with Southeast Asia and ASEAN.
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Sec. 6499D. Representation and leadership of United States in communications
standards-setting bodies.
Sec. 6499E. Malign foreign talent recruitment program prohibition.
Sec. 6499F. National equal pay enforcement task force.
Sec. 6499G. Ensuring that contractor employees on army corps projects are
paid prevailing wages as required by law.
Sec. 6499H. Definition of land use revenue under West Los Angeles Leasing
Act of 2016.
Sec. 6499I. Amendment to Radiation Exposure Compensation Act.
Sec. 6499J. Limitation on licenses and other authorizations for export of cer-
tain items removed from the jurisdiction of the United States
Munitions List and made subject to the jurisdiction of the Ex-
port Administration Regulations.
Sec. 6499K. Study on factors affecting employment opportunities for immi-
grants and refugees with professional credentials obtained in
foreign countries.
TITLE LXV—SECURING AND ENABLING COMMERCE USING
REMOTE AND ELECTRONIC NOTARIZATION
Sec. 6501. Definitions.
Sec. 6502. Authorization to perform and minimum standards for electronic no-
tarization.
Sec. 6503. Authorization to perform and minimum standards for remote notari-
zation.
Sec. 6504. Recognition of notarizations in Federal court.
Sec. 6505. Recognition by state of notarizations performed under authority of
another State.
Sec. 6506. Electronic and remote notarization not required.
Sec. 6507. Validity of notarizations; rights of aggrieved persons not affected;
State laws on the practice of law not affected.
Sec. 6508. Exception to preemption.
Sec. 6509. Standard of care; special notarial commissions.
Sec. 6510. Severability.
DIVISION F—DEPARTMENT OF STATE AUTHORITIES
TITLE LXX—DEPARTMENT OF STATE AUTHORITIES
Sec. 7001. Short title.
Sec. 7002. Definitions.
Subtitle A—Organization and Operations of the Department of State
Sec. 7101. Diplomatic Programs.
Sec. 7102. Sense of Congress on importance of Department of State’s work.
Sec. 7103. Bureau of Democracy, Human Rights, and Labor.
Sec. 7104. Assistant Secretary for International Narcotics and Law Enforce-
ment Affairs.
Sec. 7105. Bureau of Consular Affairs; Bureau of Population, Refugees, and
Migration.
Sec. 7106. Office of International Disability Rights.
Sec. 7107. Anti-piracy information sharing.
Sec. 7108. Importance of foreign affairs training to national security.
Sec. 7109. Classification and assignment of Foreign Service officers.
Sec. 7110. Energy diplomacy and security within the Department of State.
Sec. 7111. National Museum of American Diplomacy.
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Sec. 7112. Extension of period for reimbursement of fishermen for costs in-
curred from the illegal seizure and detention of U.S.-flag fish-
ing vessels by foreign governments.
Sec. 7113. Art in embassies.
Sec. 7114. Amendment or repeal of reporting requirements.
Sec. 7115. Reporting on implementation of GAO recommendations.
Sec. 7116. Office of Global Criminal Justice.
Subtitle B—Embassy Construction
Sec. 7201. Embassy security, construction, and maintenance.
Sec. 7202. Standard design in capital construction.
Sec. 7203. Capital construction transparency.
Sec. 7204. Contractor performance information.
Sec. 7205. Growth projections for new embassies and consulates.
Sec. 7206. Long-range planning process.
Sec. 7207. Value engineering and risk assessment.
Sec. 7208. Business volume.
Sec. 7209. Embassy security requests and deficiencies.
Sec. 7210. Overseas security briefings.
Sec. 7211. Contracting methods in capital construction.
Sec. 7212. Competition in embassy construction.
Sec. 7213. Statement of policy.
Sec. 7214. Definitions.
Subtitle C—Personnel Issues
Sec. 7301. Defense Base Act insurance waivers.
Sec. 7302. Study on Foreign Service allowances.
Sec. 7303. Science and technology fellowships.
Sec. 7304. Travel for separated families.
Sec. 7305. Home leave travel for separated families.
Sec. 7306. Sense of Congress regarding certain fellowship programs.
Sec. 7307. Technical correction.
Sec. 7308. Foreign Service awards.
Sec. 7309. Workforce actions.
Sec. 7310. Sense of Congress regarding veterans employment at the Depart-
ment of State.
Sec. 7311. Employee assignment restrictions and preclusions.
Sec. 7312. Recall and reemployment of career members.
Sec. 7313. Strategic staffing plan for the Department of State.
Sec. 7314. Consulting services.
Sec. 7315. Incentives for critical posts.
Sec. 7316. Extension of authority for certain accountability review boards.
Sec. 7317. Foreign Service suspension without pay.
Sec. 7318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 7319. Waiver authority for individual occupational requirements of certain
positions.
Sec. 7320. Appointment of employees to the Global Engagement Center.
Sec. 7321. Rest and recuperation and overseas operations leave for Federal em-
ployees.
Sec. 7322. Emergency medical services authority.
Sec. 7323. Department of State Student Internship Program.
Sec. 7324. Competitive status for certain employees hired by Inspectors Gen-
eral to support the lead IG mission.
Sec. 7325. Cooperation with Office of the Inspector General.
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Sec. 7326. Information on educational opportunities for children with special
educational needs consistent with the Individuals With Disabil-
ities Education Act.
Sec. 7327. Implementation of gap memorandum in selection board process.
Subtitle D—A Diverse Workforce: Recruitment, Retention, and Promotion
Sec. 7401. Definitions.
Sec. 7402. Collection, analysis, and dissemination of workforce data.
Sec. 7403. Exit interviews for workforce.
Sec. 7404. Recruitment and retention.
Sec. 7405. Promoting diversity and inclusion in the national security workforce.
Sec. 7406. Leadership engagement and accountability.
Sec. 7407. Professional development opportunities and tools.
Sec. 7408. Examination and oral assessment for the Foreign Service.
Sec. 7409. Payne fellowship authorization.
Sec. 7410. Voluntary participation.
Subtitle E—Information Security
Sec. 7501. Definitions.
Sec. 7502. List of certain telecommunications providers.
Sec. 7503. Preserving records of electronic communications conducted related
to official duties of positions in the public trust of the Amer-
ican people.
Sec. 7504. Foreign Relations of the United States (FRUS) series and declas-
sification.
Sec. 7505. Vulnerability Disclosure Policy and Bug Bounty Pilot Program.
Subtitle F—Public Diplomacy
Sec. 7601. Short title.
Sec. 7602. Avoiding duplication of programs and efforts.
Sec. 7603. Improving research and evaluation of public diplomacy.
Sec. 7604. Permanent reauthorization of the United States Advisory Commis-
sion on Public Diplomacy.
Sec. 7605. Streamlining of support functions.
Sec. 7606. Guidance for closure of public diplomacy facilities.
Sec. 7607. Definitions.
Subtitle G—Combating Public Corruption
Sec. 7701. Sense of congress.
Sec. 7702. Annual assessment.
Sec. 7703. Transparency and accountability.
Sec. 7704. Designation of embassy anti-corruption points of contact.
Subtitle H—Other Matters
Sec. 7801. Case-Zablocki Act Reform.
Sec. 7802. Limitation on assistance to countries in default.
Sec. 7803. Sean and David Goldman Child Abduction Prevention and Return
Act of 2014 amendment.
Sec. 7804. Modification of authorities of Commission for the Preservation of
America’s Heritage Abroad.
Sec. 7805. Chief of mission concurrence.
Sec. 7806. Report on efforts of the Coronavirus Repatriation Task Force.
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DIVISION G—GLOBAL PANDEMIC PREVENTION AND BIOSECURITY
Sec. 8001. Short title.
Sec. 8002. Statement of policy.
Sec. 8003. Definitions.
Sec. 8004. Findings.
Sec. 8005. United States policy toward assisting countries in preventing
zoonotic spillover events.
Sec. 8006. Global zoonotic disease task force.
Sec. 8007. Preventing outbreaks of zoonotic diseases.
Sec. 8008. USAID multisectoral strategy for food security, global health, bio-
diversity conservation, and reducing demand for wildlife for
human consumption.
Sec. 8009. Implementation of multisectoral strategy.
Sec. 8010. Establishment of conservation corps.
1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
2 In this Act, the term ‘‘congressional defense commit-
3 tees’’ has the meaning given that term in section
4 101(a)(16) of title 10, United States Code.
5 DIVISION A—DEPARTMENT OF
6 DEFENSE AUTHORIZATIONS
7 TITLE I—PROCUREMENT
8 Subtitle A—Authorization of
9 Appropriations
10 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
11 Funds are hereby authorized to be appropriated for
12 fiscal year 2022 for procurement for the Army, the Navy
13 and the Marine Corps, the Air Force and the Space Force,
14 and Defense-wide activities, as specified in the funding
15 table in section 4101.
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1 Subtitle B—Army Programs
2 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH–
3 64E APACHE HELICOPTERS.
4 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
5 Subject to section 2306b of title 10, United States Code,
6 the Secretary of the Army may enter into one or more
7 multiyear contracts, beginning with the fiscal year 2022
8 program year, for the procurement of AH–64E Apache
9 helicopters.
10 (b) CONDITION FOR OUT-YEAR CONTRACT PAY-
11 MENTS.—A contract entered into under subsection (a)
12 shall provide that any obligation of the United States to
13 make a payment under the contract for a fiscal year after
14 fiscal year 2022 is subject to the availability of appropria-
15 tions for that purpose for such later fiscal year.
16 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH–
17 60M AND HH–60M BLACK HAWK HELI-
18 COPTERS.
19 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
20 Subject to section 2306b of title 10, United States Code,
21 the Secretary of the Army may enter into one or more
22 multiyear contracts, beginning with the fiscal year 2022
23 program year, for the procurement of UH–60M and HH–
24 60M Black Hawk helicopters.
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1 (b) CONDITION FOR OUT-YEAR CONTRACT PAY-
2 MENTS.—A contract entered into under subsection (a)
3 shall provide that any obligation of the United States to
4 make a payment under the contract for a fiscal year after
5 fiscal year 2022 is subject to the availability of appropria-
6 tions for that purpose for such later fiscal year.
7 SEC. 113. CONTINUATION OF SOLDIER ENHANCEMENT PRO-
8 GRAM.
9 (a) REQUIREMENT TO CONTINUE PROGRAM.—The
10 Secretary of the Army, acting through the Assistant Sec-
11 retary of the Army for Acquisition, Logistics, and Tech-
12 nology in accordance with subsection (b), shall continue
13 to carry out the Soldier Enhancement Program estab-
14 lished pursuant to section 203 of the National Defense
15 Authorization Act for Fiscal Years 1990 and 1991 (Public
16 Law 101–189; 103 Sat. 1394).
17 (b) RESPONSIBLE OFFICIAL.—The Secretary of the
18 Army shall designate the Assistant Secretary of the Army
19 for Acquisition, Logistics, and Technology as the official
20 in the Department of the Army with principal responsi-
21 bility for the management of the Soldier Enhancement
22 Program under subsection (a).
23 (c) DUTIES.—The duties of the Soldier Enhancement
24 Program shall include the identification, research, develop-
25 ment, test, and evaluation of commercially available off-
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1 the-shelf items (as defined in section 104 of title 41,
2 United States Code) and software applications to accel-
3 erate the efforts of the Army to integrate, modernize, and
4 enhance weapons and equipment for use by Army soldiers,
5 including—
6 (1) lighter, more lethal weapons; and
7 (2) support equipment, including lighter, more
8 comfortable load-bearing equipment, field gear, com-
9 bat clothing, survivability items, communications
10 equipment, navigational aids, night vision devices,
11 tactical power, sensors, and lasers.
12 SEC. 114. STRATEGY FOR THE PROCUREMENT OF ACCES-
13 SORIES FOR THE NEXT GENERATION SQUAD
14 WEAPON.
15 (a) STRATEGY REQUIRED.—The Secretary of the
16 Army shall develop and implement a strategy to identify,
17 test, qualify, and procure, on a competitive basis, acces-
18 sories for the next generation squad weapon of the Army,
19 including magazines and other components that could af-
20 fect the performance of such weapon.
21 (b) MARKET SURVEY AND QUALIFICATION ACTIVI-
22 TIES.—
23 (1) INITIAL MARKET SURVEY.—Not later than
24 one year after a decision is made to enter into full-
25 rate production for the next generation squad weap-
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1 on, the Secretary of the Army shall conduct a mar-
2 ket survey to identify accessories for such weapon,
3 including magazines and other components, that
4 could affect the weapon’s performance.
5 (2) QUALIFICATION ACTIVITIES.—After com-
6 pleting the market survey under paragraph (1), the
7 Secretary of the Army may compete, select, procure,
8 and conduct tests of such components to qualify
9 such components for purchase and use. A decision to
10 qualify such components shall be based on estab-
11 lished technical standards for operational safety and
12 weapon effectiveness.
13 (c) INFORMATION TO CONGRESS.—Not later than
14 180 days after the date of the enactment of this Act, the
15 Secretary of the Army shall provide to the congressional
16 defense committees a briefing or a report on—
17 (1) the strategy developed and implemented by
18 the Secretary under subsection (a); and
19 (2) the results of the market survey and quali-
20 fication activities under subsection (b).
21 SEC. 115. PLAN FOR ENSURING SOURCES OF CANNON
22 TUBES.
23 The Secretary of the Army shall develop and imple-
24 ment an investment and sustainment plan to ensure the
25 sourcing of cannon tubes for the purpose of mitigating
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1 risk to the Army and the industrial base. Under the plan,
2 the Secretary of the Army shall—
3 (1) identify qualified and capable sources, in
4 addition to those currently used, from which cannon
5 tubes may be procured; and
6 (2) determine the feasibility, advisability, and
7 affordability of procuring cannon tubes from such
8 sources on a sustainable basis.
9 Subtitle C—Navy Programs
10 SEC. 121. EXTENSION OF PROCUREMENT AUTHORITY FOR
11 CERTAIN AMPHIBIOUS SHIPBUILDING PRO-
12 GRAMS.
13 Section 124(a)(1) of the William M. (Mac) Thorn-
14 berry National Defense Authorization Act for Fiscal Year
15 2021 (Public Law 116–283) is amended by striking ‘‘fis-
16 cal year 2021’’ and inserting ‘‘fiscal years 2021 and
17 2022’’.
18 SEC. 122. INCLUSION OF BASIC AND FUNCTIONAL DESIGN
19 IN ASSESSMENTS REQUIRED PRIOR TO
20 START OF CONSTRUCTION ON FIRST SHIP OF
21 A SHIPBUILDING PROGRAM.
22 Section 124 of the National Defense Authorization
23 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat.
24 28; 10 U.S.C. 8661 note) is amended—
25 (1) in subsection (a)—
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1 (A) in the matter preceding paragraph (1),
2 by striking ‘‘Concurrent with approving the
3 start of construction of the first ship for any
4 major shipbuilding program, the Secretary of
5 the Navy shall’’ and inserting ‘‘The Secretary
6 of the Navy may not enter into a contract for
7 the construction of the first ship for any major
8 shipbuilding program until a period of 30 days
9 has elapsed following the date on which the
10 Secretary’’;
11 (B) in paragraph (1)—
12 (i) by striking ‘‘submit’’ and inserting
13 ‘‘submits’’; and
14 (ii) by striking ‘‘and’’ at the end;
15 (C) in paragraph (2)—
16 (i) by striking ‘‘certify’’ and inserting
17 ‘‘certifies’’; and
18 (ii) by striking the period at the end
19 and inserting ‘‘; and’’; and
20 (D) by adding at the end the following new
21 paragraph:
22 ‘‘(3) certifies to the congressional defense com-
23 mittees that the basic and functional design of the
24 vessel is complete.’’; and
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1 (2) in subsection (d), by adding at the end the
2 following new paragraph:
3 ‘‘(5) BASIC AND FUNCTIONAL DESIGN.—The
4 term ‘basic and functional design’, when used with
5 respect to a vessel, means design through computer-
6 aided models, that—
7 ‘‘(A) fixes the hull structure of the vessel;
8 ‘‘(B) sets the hydrodynamics of the vessel;
9 ‘‘(C) routes all major distributive systems
10 of the vessel, including electricity, water, and
11 other utilities; and
12 ‘‘(D) identifies the exact positioning of pip-
13 ing and other outfitting within each block of the
14 vessel.’’.
15 SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR
16 ARLEIGH BURKE CLASS DESTROYERS.
17 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
18 Subject to section 2306b of title 10, United States Code,
19 the Secretary of the Navy may enter into one or more
20 multiyear contracts for the procurement of up to 15
21 Arleigh Burke class Flight III guided missile destroyers.
22 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The
23 Secretary of the Navy may enter into one or more con-
24 tracts, beginning in fiscal year 2023, for advance procure-
25 ment associated with the destroyers for which authoriza-
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1 tion to enter into a multiyear procurement contract is pro-
2 vided under subsection (a), and for systems and sub-
3 systems associated with such destroyers in economic order
4 quantities when cost savings are achievable.
5 (c) CONDITION FOR OUT-YEAR CONTRACT PAY-
6 MENTS.—A contract entered into under subsection (a)
7 shall provide that any obligation of the United States to
8 make a payment under the contract for a fiscal year after
9 fiscal year 2023 is subject to the availability of appropria-
10 tions or funds for that purpose for such later fiscal year.
11 (d) LIMITATION.—The Secretary of the Navy may
12 not modify a contract entered into under subsection (a)
13 if the modification would increase the target price of the
14 destroyer by more than 10 percent above the target price
15 specified in the original contract awarded for the destroyer
16 under subsection (a).
17 SEC. 124. INCORPORATION OF ADVANCED DEGAUSSING
18 SYSTEMS INTO DDG–51 CLASS DESTROYERS.
19 (a) IN GENERAL.—The Secretary of the Navy shall
20 ensure that an advanced degaussing system is incor-
21 porated into any DDG–51 class destroyer procured pursu-
22 ant to a covered contract.
23 (b) COVERED CONTRACT DEFINED.—In this section,
24 the term ‘‘covered contract’’ means a multiyear contract
25 for the procurement of a DDG–51 destroyer that is en-
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1 tered into by the Secretary of the Navy on or after the
2 date of the enactment of this Act.
3 Subtitle D—Air Force Programs
4 SEC. 131. CONTRACT FOR LOGISTICS SUPPORT FOR VC–25B
5 AIRCRAFT.
6 Section 143 of the John S. McCain National Defense
7 Authorization Act for Fiscal Year 2019 (Public Law 115–
8 232; 132 Stat. 1668) is amended—
9 (1) in paragraph (1), by striking ‘‘, unless oth-
10 erwise approved in accordance with established pro-
11 cedures’’; and
12 (2) in paragraph (2), by inserting ‘‘such’’ be-
13 fore ‘‘logistics support contract’’.
14 SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS FOR
15 THE B–52 COMMERCIAL ENGINE REPLACE-
16 MENT PROGRAM.
17 (a) LIMITATION.—None of the funds authorized to
18 be appropriated by this Act or otherwise made available
19 for fiscal year 2022 for the research and development, de-
20 sign, procurement, or advanced procurement of materials
21 for the B–52 Commercial Engine Replacement Program
22 may be obligated or expended until the date on which the
23 Secretary of Defense submits to the congressional defense
24 committees the report described in section 2432 of title
25 10, United States Code, for the most recently concluded
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1 fiscal quarter for the B–52 Commercial Engine Replace-
2 ment Program in accordance with subsection (b)(1).
3 (b) ADDITIONAL REQUIREMENTS.—
4 (1) TREATMENT OF BASELINE ESTIMATE.—The
5 Secretary of Defense shall deem the Baseline Esti-
6 mate for the B–52 Commercial Engine Replacement
7 Program for fiscal year 2018 as the original Base-
8 line Estimate for the Program.
9 (2) UNIT COST REPORTS AND CRITICAL COST
10 GROWTH.—
11 (A) Subject to subparagraph (B), the Sec-
12 retary shall carry out sections 2433 and 2433a
13 of title 10, United States Code, with respect to
14 the B–52 Commercial Engine Replacement Pro-
15 gram, as if the Department had submitted a
16 Selected Acquisition Report for the Program
17 that included the Baseline Estimate for the
18 Program for fiscal year 2018 as the original
19 Baseline Estimate, except that the Secretary
20 shall not carry out subparagraph (B) or sub-
21 paragraph (C) of section 2433a(c)(1) of such
22 title with respect to the Program.
23 (B) In carrying out the review required by
24 section 2433a of such title, the Secretary shall
25 not enter into a transaction under section 2371
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1 or 2371b of such title, exercise an option under
2 such a transaction, or otherwise extend such a
3 transaction with respect to the B–52 Commer-
4 cial Engine Replacement Program except to the
5 extent determined necessary by the milestone
6 decision authority, on a non-delegable basis, to
7 ensure that the program can be restructured as
8 intended by the Secretary without unnecessarily
9 wasting resources.
10 (c) DEFINITIONS.—In this section:
11 (1) The term ‘‘Baseline Estimate’’ has the
12 meaning given the term in section 2433(a)(2) of title
13 10, United States Code.
14 (2) The term ‘‘milestone decision authority’’
15 has the meaning given the term in section
16 2366b(g)(3) of title 10, United States Code.
17 (3) The term ‘‘original Baseline Estimate’’ has
18 the meaning given the term in section 2435(d)(1) of
19 title 10, United States Code.
20 (4) The term ‘‘Selected Acquisition Report’’
21 means a Selected Acquisition Report submitted to
22 Congress under section 2432 of title 10, United
23 States Code.
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1 SEC. 133. INVENTORY REQUIREMENTS AND LIMITATIONS
2 RELATING TO CERTAIN AIR REFUELING
3 TANKER AIRCRAFT.
4 (a) MINIMUM INVENTORY REQUIREMENTS FOR KC–
5 10A AIRCRAFT.—
6 (1) FISCAL YEAR 2022.—During the period be-
7 ginning on October 1, 2021, and ending on October
8 1, 2022, the Secretary of the Air Force shall, except
9 as provided in paragraph (3), maintain a minimum
10 of 36 KC–10A aircraft designated as primary mis-
11 sion aircraft inventory.
12 (2) FISCAL YEAR 2023.—During the period be-
13 ginning on October 1, 2022, and ending on October
14 1, 2023, the Secretary of the Air Force shall, except
15 as provided in paragraph (3), maintain a minimum
16 of 24 KC–10A aircraft designated as primary mis-
17 sion aircraft inventory.
18 (3) EXCEPTION.—The requirements of para-
19 graphs (1) and (2) shall not apply to individual KC–
20 10A aircraft that the Secretary of the Air Force de-
21 termines, on a case-by-case basis, to be no longer
22 mission capable because of mishaps, other damage,
23 or being uneconomical to repair.
24 (b) LIMITATION ON RETIREMENT OF KC–135 AIR-
25 CRAFT.—
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1 (1) LIMITATION.—Except as provided in para-
2 graph (2), the Secretary of the Air Force may not
3 retire more than 18 KC–135 aircraft during the pe-
4 riod beginning on the date of the enactment of this
5 Act and ending on October 1, 2023.
6 (2) EXCEPTION.—The limitation in paragraph
7 (1) shall not apply to individual KC–135 aircraft
8 that the Secretary of the Air Force determines, on
9 a case-by-case basis, to be no longer mission capable
10 because of mishaps, other damage, or being uneco-
11 nomical to repair.
12 (c) PROHIBITION ON REDUCTION OF KC–135 AIR-
13 CRAFT IN PMAI OF THE RESERVE COMPONENTS.—None
14 of the funds authorized to be appropriated by this Act or
15 otherwise made available for fiscal year 2022 for the Air
16 Force may be obligated or expended to reduce the number
17 of KC–135 aircraft designated as primary mission aircraft
18 inventory within the reserve components of the Air Force.
19 (d) PRIMARY MISSION AIRCRAFT INVENTORY DE-
20 FINED.—In this section, the term ‘‘primary mission air-
21 craft inventory’’ has the meaning given that term in sec-
22 tion 9062(i)(2)(B) of title 10, United States Code.
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1 SEC. 134. MINIMUM INVENTORY OF TACTICAL AIRLIFT AIR-
2 CRAFT AND LIMITATION ON MODIFICATION
3 OF AIR NATIONAL GUARD TACTICAL AIRLIFT
4 FLYING MISSIONS.
5 (a) MINIMUM INVENTORY REQUIREMENT.—During
6 the period beginning on October 1, 2021, and ending on
7 October 1, 2026, the Secretary of the Air Force shall
8 maintain a total inventory of tactical airlift aircraft of not
9 less than 279 aircraft.
10 (b) EXCEPTION.—The Secretary of the Air Force
11 may reduce the number of tactical airlift aircraft in the
12 Air Force below the minimum number specified in sub-
13 section (a) if the Secretary determines, on a case-by-case
14 basis, that an aircraft is no longer mission capable because
15 of a mishap or other damage.
16 (c) LIMITATION ON MODIFICATION OF AIR NA-
17 TIONAL GUARD TACTICAL AIRLIFT FLYING MISSIONS.—
18 The Secretary of the Air Force may not modify the flying
19 mission of a tactical airlift unit of the Air National Guard
20 unless—
21 (1) the Secretary and the Governor of the State
22 concerned agree, in writing, to such modification;
23 and
24 (2) the Secretary submits to the congressional
25 defense committees a copy of such agreement to-
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1 gether with an explanation of the reasons for such
2 modification.
3 SEC. 135. PROCUREMENT AUTHORITY FOR CERTAIN PARTS
4 OF THE GROUND-BASED STRATEGIC DETER-
5 RENT CRYPTOGRAPHIC DEVICE.
6 (a) IN GENERAL.—The Secretary of the Air Force
7 may enter into contracts for the life-of-type procurement
8 of covered parts supporting the KS–75 cryptographic de-
9 vice under the Ground Based Strategic Deterrent pro-
10 gram.
11 (b) COVERED PARTS DEFINED.—In this section the
12 term ‘‘covered parts’’ means commercially available off-
13 the-shelf items as defined in section 104 of title 41, United
14 States Code.
15 (c) AVAILABILITY OF FUNDS.—Notwithstanding sec-
16 tion 1502(a) of title 31, United States Code, of the
17 amount authorized to be appropriated for fiscal year 2022
18 by section 101 and available for missile procurement, Air
19 Force, as specified in the corresponding funding table in
20 section 4101, $10,900,000 shall be available for the pro-
21 curement of covered parts pursuant to contracts entered
22 into under subsection (a).
23 SEC. 136. SENSE OF CONGRESS ON JOINT SURVEILLANCE
24 TARGET ATTACK RADAR SYSTEM AIRCRAFT.
25 It is the sense of Congress that—
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1 (1) the Joint Surveillance Target Attack Radar
2 System aircraft is an essential element of the air-
3 craft fleet of the Air Force; and
4 (2) before retiring any such aircraft, the Sec-
5 retary of the Air Force should strictly adhere to
6 each provision of law relating to the use, operation,
7 and retirement of such aircraft.
8 SEC. 137. LIMITATION ON AVAILABILITY OF FUNDS FOR RE-
9 TIREMENT OF RC–26B AIRCRAFT.
10 (a) LIMITATION.—Except as provided in subsection
11 (b), none of the funds authorized to be appropriated by
12 this Act or otherwise made available for fiscal year 2022
13 for the Air Force may be obligated or expended to retire,
14 divest, realign, or place in storage or on backup aircraft
15 inventory status, or to prepare to retire, divest, realign,
16 or place in storage or on backup aircraft inventory status,
17 any RC–26B aircraft.
18 (b) EXCEPTION.—The limitation in subsection (a)
19 shall not apply to individual RC–26B aircraft that the
20 Secretary of the Air Force determines, on a case-by-case
21 basis, to be no longer mission capable because of mishaps
22 or other damage.
23 (c) FUNDING FOR RC–26B MANNED INTELLIGENCE,
24 SURVEILLANCE, AND RECONNAISSANCE PLATFORM.—
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1 (1) OPERATION AND MAINTENANCE.—Of the
2 funds authorized to be appropriated in section 301
3 for operation and maintenance, as specified in the
4 corresponding funding table in section 4301, for op-
5 eration and maintenance, Air National Guard, the
6 Secretary of the Air Force may transfer up to
7 $18,500,000 to be used in support of the RC–26B
8 manned intelligence, surveillance, and reconnais-
9 sance platform.
10 (2) MILITARY PERSONNEL.—Of the funds au-
11 thorized to be appropriated in section 401 for mili-
12 tary personnel, as specified in the corresponding
13 funding table in section 4401, the Secretary of the
14 Air Force may transfer up to $13,000,000 from
15 military personnel, Air National Guard to be used in
16 support of personnel who operate and maintain the
17 RC–26B manned intelligence, surveillance, and re-
18 connaissance platform.
19 (d) MEMORANDA OF AGREEMENT.—Notwithstanding
20 any other provision of law, the Secretary of Defense may
21 enter into one or more memoranda of agreement or cost-
22 sharing agreements with other departments and agencies
23 of the Federal Government under which the RC–26B air-
24 craft may be used to assist with the missions and activities
25 of such departments and agencies.
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1 SEC. 138. REPORT RELATING TO REDUCTION OF TOTAL
2 NUMBER OF TACTICAL AIRLIFT AIRCRAFT.
3 (a) FINDINGS.—Congress finds the following:
4 (1) The C–130 tactical airlift aircraft fulfills a
5 wide range of intratheater airlift missions.
6 (2) Such aircraft operate out of military instal-
7 lations throughout the United States.
8 (3) The proposed total force structure ref-
9 erenced in the National Defense Authorization Act
10 for Fiscal Year 2013 called for a total force size of
11 326 C–130 aircraft.
12 (4) The Air Force included a six-year plan for
13 fiscal years 2015 through 2020 for the Air Force,
14 Air Force Reserve, and Air National Guard C–130
15 force structure, which called for a total force size of
16 300 such aircraft by fiscal year 2019.
17 (5) The 2018 Mobility Capabilities and Re-
18 quirements Study recommended a total force size of
19 300 C–130s to support wartime mobility require-
20 ments.
21 (6) The Air Force has sought to reduce the
22 number of C–130 aircraft below 300, which is incon-
23 sistent with force structure and plans referred to in
24 paragraphs (3) through (5).
25 (b) REPORT.—Not later than 180 days after the date
26 of the enactment of this Act, the Secretary of the Air
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1 Force shall submit to the congressional defense commit-
2 tees a report that includes—
3 (1) with respect to the reduction of the total
4 number of tactical airlift aircraft, information relat-
5 ing to—
6 (A) the justification used for such reduc-
7 tion; and
8 (B) any consideration of domestic oper-
9 ations used in such justification;
10 (2) an analysis of the role of tactical airlift air-
11 craft in domestic operations; and
12 (3) information relating to discussions con-
13 cerning decisionmaking processes with Governors of
14 States who may be impacted by such reduction.
15 Subtitle E—Defense-wide, Joint,
16 and Multiservice Matters
17 SEC. 141. IMPLEMENTATION OF AFFORDABILITY, OPER-
18 ATIONAL, AND SUSTAINMENT COST CON-
19 STRAINTS FOR THE F–35 AIRCRAFT PRO-
20 GRAM.
21 (a) F–35A QUANTITY LIMIT FOR THE AIR FORCE.—
22 (1) LIMITATION.—Beginning on October 1,
23 2028, the total number of F–35A aircraft that the
24 Secretary of the Air Force may maintain in the air-
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1 craft inventory of the Air Force may not exceed the
2 lesser of—
3 (A) 1,763; or
4 (B) the number obtained by—
5 (i) multiplying 1,763 by the cost-per-
6 tail factor determined under paragraph
7 (2); and
8 (ii) rounding the product of the cal-
9 culation under clause (i) to the nearest
10 whole number.
11 (2) COST-PER-TAIL FACTOR.—For purposes of
12 paragraph (1)(B), the cost-per-tail factor is equal
13 to—
14 (A) 4,100,000, divided by
15 (B) a number equal to the average cost-
16 per-tail-per-year of the F–35A aircraft of the
17 Air Force during fiscal year 2027 (as deter-
18 mined by the Secretary of the Air Force in ac-
19 cordance with subsection (e)).
20 (b) F–35B QUANTITY LIMIT FOR THE MARINE
21 CORPS.—
22 (1) LIMITATION.—Beginning on October 1,
23 2028, the total number of F–35B aircraft that the
24 Secretary of the Navy may maintain in the aircraft
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1 inventory of the Marine Corps may not exceed the
2 lesser of—
3 (A) 353; or
4 (B) the number obtained by—
5 (i) multiplying 353 by the cost-per-tail
6 factor determined under paragraph (2);
7 and
8 (ii) rounding the product of the cal-
9 culation under clause (i) to the nearest
10 whole number.
11 (2) COST-PER-TAIL FACTOR.—For purposes of
12 paragraph (1)(B), the cost-per-tail factor is equal
13 to—
14 (A) 6,800,000, divided by
15 (B) a number equal to the average cost-
16 per-tail-per-year of the F–35B aircraft of the
17 Marine Corps during fiscal year 2027 (as deter-
18 mined by the Secretary of the Navy in accord-
19 ance with subsection (e)).
20 (c) F–35C QUANTITY LIMIT FOR THE NAVY.—
21 (1) LIMITATION.—Beginning on October 1,
22 2028, the total number of F–35C aircraft that the
23 Secretary of the Navy may maintain in the aircraft
24 inventory of the Navy may not exceed the lesser of—
25 (A) 273; or
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1 (B) the number obtained by—
2 (i) multiplying 273 by the cost-per-tail
3 factor determined under paragraph (2);
4 and
5 (ii) rounding the product of the cal-
6 culation under clause (i) to the nearest
7 whole number.
8 (2) COST-PER-TAIL FACTOR.—For purposes of
9 paragraph (1)(B), the cost-per-tail factor is equal
10 to—
11 (A) 7,500,000, divided by
12 (B) a number equal to the average cost-
13 per-tail-per-year of the F–35C aircraft of the
14 Navy during fiscal year 2027 (as determined by
15 the Secretary of the Navy in accordance with
16 subsection (e)).
17 (d) F–35C QUANTITY LIMIT FOR THE MARINE
18 CORPS.—
19 (1) LIMITATION.—Beginning on October 1,
20 2028, the total number of F–35C aircraft that the
21 Secretary of the Navy may maintain in the aircraft
22 inventory of the Marine Corps may not exceed the
23 lesser of—
24 (A) 67; or
25 (B) the number obtained by—
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1 (i) multiplying 67 by the cost-per-tail
2 factor determined under paragraph (2);
3 and
4 (ii) rounding the product of the cal-
5 culation under clause (i) to the nearest
6 whole number.
7 (2) COST-PER-TAIL FACTOR.—For purposes of
8 paragraph (1)(B), the cost-per-tail factor is equal
9 to—
10 (A) 6,800,000, divided by
11 (B) a number equal to the average cost-
12 per-tail-per-year of the F–35C aircraft of the
13 Marine Corps during fiscal year 2027 (as deter-
14 mined by the Secretary of the Navy in accord-
15 ance with subsection (e)).
16 (e) DETERMINATION OF COST-PER-TAIL-PER-YEAR
17 FOR FISCAL YEAR 2027.——
18 (1) IN GENERAL.—Not later than 90 days after
19 the end of fiscal year 2027—
20 (A) the Secretary of the Air Force shall
21 determine the average cost-per-tail of the F–
22 35A aircraft of the Air Force during fiscal year
23 2027; and
24 (B) the Secretary of the Navy shall deter-
25 mine the average cost-per-tail of—
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1 (i) the F–35B aircraft of the Marine
2 Corps during such fiscal year;
3 (ii) the F–35C aircraft of the Navy
4 during such fiscal year; and
5 (iii) the F–35C aircraft of the Marine
6 Corps during such fiscal year.
7 (2) CALCULATION.—For purposes of paragraph
8 (1), the average cost-per-tail of a variant of an F–
9 35 aircraft of an Armed Force shall be determined
10 by—
11 (A) adding the total amount expended for
12 fiscal year 2027 (in base year fiscal 2012 dol-
13 lars) for all such aircraft in the inventory of the
14 Armed Force for—
15 (i) unit level manpower;
16 (ii) unit operations;
17 (iii) maintenance;
18 (iv) sustaining support;
19 (v) continuing system support; and
20 (vi) modifications; and
21 (B) dividing the sum obtained under sub-
22 paragraph (A) by the average number of such
23 aircraft in the inventory of the Armed Force
24 during such fiscal year.
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1 (f) WAIVER AUTHORITY.—The Secretary of Defense
2 may waive the quantity limits under any of subsections
3 (a) through (d) if, prior to issuing such a waiver, the Sec-
4 retary certifies to the congressional defense committees
5 that procuring additional quantities of a variant of an F–
6 35 aircraft above the applicable quantity limit are required
7 to meet the national military strategy requirements of the
8 combatant commanders. The authority of the Secretary
9 under this subsection may not be delegated.
10 (g) AIRCRAFT DEFINED.—In this section, the term
11 ‘‘aircraft’’ means aircraft owned and operated by an
12 Armed Force of the United States and does not include
13 aircraft owned or operated by an armed force of a foreign
14 country.
15 SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR
16 AIRCRAFT SYSTEMS FOR THE ARMED
17 OVERWATCH PROGRAM.
18 (a) LIMITATION.—Of the funds authorized to be ap-
19 propriated by this Act or otherwise made available for fis-
20 cal year 2022 for the Department of Defense for the pro-
21 curement of aircraft systems for the armed overwatch pro-
22 gram of the United States Special Operations Command,
23 not more than 50 percent may be obligated or expended
24 until the date on which the documentation described in
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1 subsection (b) is submitted to the congressional defense
2 committees.
3 (b) DOCUMENTATION DESCRIBED.—The documenta-
4 tion described in this subsection is the airborne intel-
5 ligence, surveillance, and reconnaissance acquisition road-
6 map for the United States Special Operations Command
7 required to be submitted to the congressional defense com-
8 mittees under section 165 of the William M. (Mac) Thorn-
9 berry National Defense Authorization Act for Fiscal Year
10 2021 (Public Law 116–283).
11 (c) REQUIREMENT TO MAINTAIN CAPABILITIES.—
12 Until such time as the Secretary of Defense identifies a
13 suitable replacement for the U–28 aircraft, the Secretary
14 shall maintain the U–28 aircraft platform to provide nec-
15 essary capabilities to sustain operations to meet the oper-
16 ational intelligence, surveillance, and reconnaissance re-
17 quirements of combatant commanders.
18 SEC. 143. MAJOR WEAPON SYSTEMS CAPABILITY ASSESS-
19 MENT PROCESS AND PROCEDURE REVIEW
20 AND REPORT.
21 (a) REVIEW.—The Secretary of Defense shall review,
22 and modify as appropriate, the processes of the Depart-
23 ment for the management of strategic risk with respect
24 to capabilities of major weapon systems, including the
25 processes for—
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1 (1) ensuring the suitability of major weapon
2 systems to address current and emerging military
3 threats; and
4 (2) identifying for upgrade or replacement any
5 fielded major weapon system that is not capable of
6 effectively meeting operational requirements.
7 (b) REPORT.—Not later than one year after the date
8 of the enactment of this section, the Secretary of Defense
9 shall submit to the congressional defense committees and
10 the Comptroller General of the United States a report con-
11 taining the following:
12 (1) A comprehensive description of the current
13 policies and processes of the Department of Defense
14 for—
15 (A) assessing the effectiveness, and the
16 costs, of fielded major weapon systems in ad-
17 dressing the current, mid-term, and long-term
18 threats identified in the contingency plans of
19 the combatant commands;
20 (B) assessing tradeoffs, including in terms
21 of resources, funding, time, capabilities, and
22 programmatic and operational risk, between de-
23 veloping a new major weapon system compared
24 to—
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1 (i) continued use of a fielded major
2 weapon system; and
3 (ii) replacing a fielded major weapon
4 system;
5 (C) developing strategies for the continued
6 use or replacement of fielded major weapon sys-
7 tems that ensure that the capabilities of major
8 weapon systems are viable and resilient against
9 evolving threats; and
10 (D) developing and implementing plans for
11 the replacement and divestment of fielded major
12 weapon systems that manage the related stra-
13 tegic risk.
14 (2) The key factors considered by the Secretary
15 of Defense when applying the policies and processes
16 described in paragraph (1).
17 (3) An assessment of the extent to which the
18 policies and processes described in paragraph (1) en-
19 able the Secretary of Defense to—
20 (A) evaluate, at regular intervals, whether
21 a major weapon system—
22 (i) meets operational requirements;
23 and
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1 (ii) is capable of addressing emerging
2 and evolving threats identified in the Na-
3 tional Defense Strategy;
4 (B) efficiently and effectively determine if
5 a fielded major weapon system should continue
6 to be used or replaced and divested and—
7 (i) with respect to a fielded major
8 weapon system that should continue to be
9 used, how long such use should continue;
10 and
11 (ii) with respect to a fielded major
12 weapon system that should be replaced and
13 divested—
14 (I) how long such replacement
15 will take;
16 (II) the period over which such
17 divestment should occur; and
18 (III) the expected improvements
19 in the effectiveness of the replacement
20 major weapon system to meet oper-
21 ational requirements;
22 (C) effectively implement the determina-
23 tions described in subparagraph (B); and
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1 (D) manage strategic risk relative to the
2 effectiveness of major weapon systems meeting
3 operational requirements.
4 (4) An identification of the fielded major weap-
5 on systems with respect to which the Secretary of
6 Defense completed replacement or divestment during
7 the period beginning on January 1, 2010, and end-
8 ing on the date on which the report is submitted
9 under this subsection.
10 (5) An assessment of the processes involved in
11 the decisions of the Secretary of Defense to replace
12 and divest the fielded major weapon systems identi-
13 fied under paragraph (4), including an assessment
14 of the effectiveness in meeting operational require-
15 ments and the timeliness of those processes involved
16 in making replacement decisions.
17 (6) An identification of any fielded major weap-
18 on systems with respect to which, as of the date on
19 which the report is submitted under this subsection,
20 the Secretary of Defense plans to complete replace-
21 ment or divestment not later than December 31,
22 2035.
23 (7) An analysis of the plans of the Secretary of
24 Defense with respect to replacing or divesting the
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1 fielded major weapon systems identified under para-
2 graph (6), including—
3 (A) the rationale supporting such replace-
4 ment or divestment plans;
5 (B) any anticipated challenges to carrying
6 out the replacement or divestments; and
7 (C) a description of how the Secretary of
8 Defense will manage at an appropriate level the
9 strategic risk relative to the availability and ef-
10 fectiveness of the fielded major weapons sys-
11 tems to be divested, including a description of
12 any risk mitigation plans.
13 (8) An identification of the major weapon sys-
14 tem upgrade efforts and the research, development,
15 and acquisition programs to replace fielded major
16 weapon systems that the Secretary of Defense—
17 (A) began after December 31, 2009; or
18 (B) as of the date on which the report is
19 submitted under this subsection, plans to begin
20 not later than December 31, 2035.
21 (9) An assessment of how the replacement
22 major weapon systems from the programs identified
23 under paragraph (8) will meet current and future
24 operational requirements in the National Defense
25 Strategy.
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1 (c) COMPTROLLER GENERAL BRIEFING AND RE-
2 PORT.—
3 (1) ASSESSMENTS.—The Comptroller General
4 of the United States shall conduct a preliminary as-
5 sessment and a detailed assessment of the report re-
6 quired under subsection (b).
7 (2) BRIEFING.—Not later than 180 days after
8 the date on which the Secretary of Defense submits
9 to the Comptroller General the report required
10 under subsection (b), the Comptroller General shall
11 brief the congressional defense committees on the
12 preliminary assessment of such report required
13 under paragraph (1).
14 (3) REPORT.—The Comptroller General shall
15 submit to the congressional defense committees a re-
16 port on the findings of the detailed assessment re-
17 quired under paragraph (1).
18 (d) DEFINITIONS.—In this section:
19 (1) The term ‘‘National Defense Strategy’’
20 means the strategy required under section 113(g) of
21 title 10, United States Code.
22 (2) The term ‘‘major weapon system’’ has the
23 meaning given such term under section 2379(f) of
24 title 10, United States Code.
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1 (3) The term ‘‘strategic risk’’ means a risk aris-
2 ing from updating or replacing a major weapon sys-
3 tem, or the decision to not update or replace a major
4 weapon system.
5 SEC. 144. REPORTS ON EXERCISE OF WAIVER AUTHORITY
6 WITH RESPECT TO CERTAIN AIRCRAFT EJEC-
7 TION SEATS.
8 Not later than February 1, 2022, and on a semi-
9 annual basis thereafter through February 1, 2024, the
10 Secretary of the Air Force and the Secretary of the Navy
11 shall each submit to the congressional defense committees
12 a report that includes, with respect to each location at
13 which active flying operations are conducted or planned
14 as of the date report—
15 (1) the number of aircrew ejection seats in-
16 stalled in the aircraft used, or expected to be used,
17 at such location;
18 (2) of the ejection seats identified under para-
19 graph (1), the number that have been, or are ex-
20 pected to be, placed in service subject to a waiver
21 due to—
22 (A) deferred maintenance; or
23 (B) the inability to obtain parts to make
24 repairs or to fulfill time-compliance technical
25 orders; and
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1 (3) for each ejection seat subject to a waiver as
2 described in paragraph (2)—
3 (A) the date on which the waiver was
4 issued; and
5 (B) the name and title of the official who
6 authorized the waiver.
7 SEC. 145. BRIEFING ON MILITARY TYPE CERTIFICATIONS
8 FOR AIRCRAFT.
9 (a) BRIEFING REQUIRED.—Not later than April 30,
10 2022, the Secretary of the Air Force, or the Secretary’s
11 designee, shall provide to the congressional defense com-
12 mittees a briefing on the process for evaluating and grant-
13 ing military type certifications for aircraft.
14 (b) ELEMENTS.—The briefing under subsection (a)
15 shall include a detailed overview of the process for grant-
16 ing military type certifications for aircraft, including the
17 following:
18 (1) The evaluation criteria used for determining
19 the suitability of an aircraft to receive a military
20 type certification, including the threshold require-
21 ments for obtaining such a certification.
22 (2) Whether commercially available data is used
23 as part of the evaluation process, and if commer-
24 cially available data is not used, an explanation of
25 the reasons such data is not used.
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1 (3) The list of aircraft granted military type
2 certifications over the past 10 years.
3 (4) The national security implications taken
4 into account when determining the suitability of an
5 aircraft for a military type certification.
6 (c) FORM.—The briefing under subsection (a) shall
7 be submitted in unclassified format but may include a
8 classified annex.
9 (d) SUBMITTAL OF MATERIALS.—The Secretary of
10 the Air Force shall deliver any materials relevant to the
11 briefing to the congressional defense committees before
12 the date of the briefing.
13 TITLE II—RESEARCH, DEVELOP-
14 MENT, TEST, AND EVALUA-
15 TION
16 Subtitle A—Authorization of
17 Appropriations
18 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
19 Funds are hereby authorized to be appropriated for
20 fiscal year 2022 for the use of the Department of Defense
21 for research, development, test, and evaluation, as speci-
22 fied in the funding table in section 4201.
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1 Subtitle B—Program Require-
2 ments, Restrictions, and Limita-
3 tions
4 SEC. 211. DUTIES AND REGIONAL ACTIVITIES OF THE DE-
5 FENSE INNOVATION UNIT.
6 (a) DUTIES OF DIU JOINT RESERVE DETACH-
7 MENT.—Clause (ii) of section 2358b(c)(2)(B) of title 10,
8 United States Code, is amended to read as follows:
9 ‘‘(ii) the technology requirements of
10 the Department of Defense, as identified
11 in the most recent—
12 ‘‘(I) National Defense Strategy;
13 ‘‘(II) National Defense Science
14 and Technology Strategy as directed
15 under section 218 of the John S.
16 McCain National Defense Authoriza-
17 tion Act for Fiscal Year 2019 (Public
18 Law 115–232; 132 Stat. 1679); and
19 ‘‘(III) policy and guidance from
20 the Under Secretary of Defense for
21 Research and Engineering and the
22 Under Secretary of Defense for Acqui-
23 sition and Sustainment; and’’.
24 (b) REGIONAL ACTIVITIES.—Subject to the avail-
25 ability of appropriations for such purpose, the Secretary
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1 of Defense may expand the efforts of the Defense Innova-
2 tion Unit to engage and collaborate with private-sector in-
3 dustry and communities in various regions of the United
4 States—
5 (1) to accelerate the adoption of commercially
6 developed advanced technology in the areas of manu-
7 facturing, space, energy, materials, autonomy, and
8 such other key technology areas as may be identified
9 by the Secretary; and
10 (2) to expand outreach to communities that do
11 not otherwise have a Defense Innovation Unit pres-
12 ence, including economically disadvantaged commu-
13 nities.
14 SEC. 212. MODIFICATION OF MECHANISMS FOR EXPEDITED
15 ACCESS TO TECHNICAL TALENT AND EXPER-
16 TISE AT ACADEMIC INSTITUTIONS TO SUP-
17 PORT DEPARTMENT OF DEFENSE MISSIONS.
18 Section 217 of the National Defense Authorization
19 Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C.
20 2358 note) is amended—
21 (1) by amending subsection (c) to read as fol-
22 lows:
23 ‘‘(c) CONSULTATION WITH OTHER ORGANIZA-
24 TIONS.—For the purposes of providing technical expertise
25 and reducing costs and duplicative efforts, the Secretary
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1 of Defense and the Secretaries of the military departments
2 shall work to ensure and support the sharing of informa-
3 tion on the research and consulting that is being carried
4 out across the Federal Government in Department-wide
5 shared information systems including the Defense Tech-
6 nical Information Center.’’;
7 (2) in subsection (e)—
8 (A) by redesignating paragraph (31) as
9 paragraph (33); and
10 (B) by inserting after paragraph (30) the
11 following new paragraphs:
12 ‘‘(31) Nuclear science, security, and non-
13 proliferation.
14 ‘‘(32) Chemical, biological, radiological, and nu-
15 clear defense.’’; and
16 (3) in subsection (g), by striking ‘‘2026’’ and
17 inserting ‘‘2028’’.
18 SEC. 213. MODIFICATION OF MECHANISMS FOR EXPEDITED
19 ACCESS TO TECHNICAL TALENT AND EXPER-
20 TISE AT ACADEMIC INSTITUTIONS.
21 Section 217(e) of the National Defense Authorization
22 Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C.
23 2358 note), as amended by section 212 of this title, is
24 further amended—
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1 (1) by redesignating paragraph (33) as para-
2 graph (34); and
3 (2) by inserting after paragraph (32) the fol-
4 lowing new paragraph:
5 ‘‘(33) Spectrum activities.’’.
6 SEC. 214. MINORITY INSTITUTE FOR DEFENSE RESEARCH.
7 (a) PLAN TO ESTABLISH MINORITY INSTITUTE FOR
8 DEFENSE RESEARCH.—
9 (1) IN GENERAL.—Not later than 1 year after
10 the date of the enactment of this section, the Sec-
11 retary shall submit to the congressional defense com-
12 mittees a plan (in this section referred to as the
13 ‘‘Plan’’) for the establishment of the Minority Insti-
14 tute for Defense Research (in this section referred to
15 as the ‘‘Consortium’’).
16 (2) ELEMENTS.—The Plan shall include the fol-
17 lowing:
18 (A) Information relating to the projected
19 needs of the Department for the next twenty
20 years with respect to essential engineering, re-
21 search, or development capability.
22 (B) An assessment relating to the engi-
23 neering, research, and development capability,
24 including physical infrastructure, of each minor-
25 ity institution.
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1 (C) Information relating to the advance-
2 ments and investments necessary to elevate a
3 minority institution or a consortium of minority
4 institutions (including historically black colleges
5 and universities) to the research capacity of a
6 University Affiliated Research Center.
7 (D) Recommendations relating to actions
8 that may be taken by the Department, Con-
9 gress, and minority institutions to establish the
10 Consortium within 10 years.
11 (3) CONSULTATION.—In developing the plan
12 under paragraph (1), the Secretary shall consult
13 with the following:
14 (A) The Secretary of Education.
15 (B) The Secretary of Agriculture.
16 (C) The Secretary of Energy.
17 (D) The Administrator of the National
18 Aeronautics and Space Administration.
19 (E) The National Science Foundation.
20 (F) Such other organizations as the Sec-
21 retary considers appropriate.
22 (4) PUBLICLY AVAILABLE.—The Plan shall be
23 posted on a publicly available website of the Depart-
24 ment.
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1 (b) NAMING OF THE CONSORTIUM.—With respect to
2 the naming of the Consortium, the Secretary shall—
3 (1) establish a process to solicit and review pro-
4 posals of names from—
5 (A) minority institutions;
6 (B) nonprofit institutions that advocate on
7 behalf of minority institutions; and
8 (C) members of the public;
9 (2) develop a list of all names received pursuant
10 to paragraph (1);
11 (3) provide opportunity for public comment on
12 the names included on such list; and
13 (4) choose a name from such list to name the
14 Consortium.
15 (c) GRANT PROGRAM FOR HISTORICALLY BLACK
16 COLLEGES AND UNIVERSITIES AND MINORITY INSTITU-
17 TIONS.—
18 (1) IN GENERAL.—The Secretary may establish
19 a program to award grants, on a competitive basis,
20 to minority institutions for the purposes described in
21 paragraph (2).
22 (2) PURPOSES.—The purposes described in this
23 paragraph are the following:
24 (A) Establishing a legal entity for the pur-
25 pose of entering into research contracts or
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1 agreements with the Federal Government or the
2 Consortium.
3 (B) Developing the capability to bid on
4 Federal Government or Consortium contracts.
5 (C) Requesting technical assistance from
6 the Federal Government or a private entity with
7 respect to contracting with the Federal Govern-
8 ment or the Consortium.
9 (D) Recruiting and retaining research fac-
10 ulty.
11 (E) Advancing research capabilities, in-
12 cluding physical infrastructure, relating to the
13 national security of the United States.
14 (F) Any other matter determined appro-
15 priate by the Secretary.
16 (3) APPLICATION.—To be eligible to receive a
17 grant under this section, a minority institution shall
18 submit to the Secretary an application in such form,
19 and containing such information, as the Secretary
20 may require.
21 (4) PREFERENCE.—In awarding grants pursu-
22 ant to paragraph (1), the Secretary may give pref-
23 erence to a minority institution with a R1 or R2 sta-
24 tus on the Carnegie Classification of Institutions of
25 Higher Education.
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1 (d) SUBCONTRACTING REQUIREMENTS FOR MINOR-
2 ITY INSTITUTIONS.—
3 (1) IN GENERAL.—Section 2304 of title 10,
4 United States Code, is amended by adding at the
5 end the following new subsection:
6 ‘‘(m)(1) The head of an agency shall require that a
7 contract awarded to Department of Defense Federally
8 Funded Research and Development Center or University
9 Affiliated Research Center includes a requirement to es-
10 tablish a partnership to develop the capacity of minority
11 institutions to address the research and development
12 needs of the Department. Such partnerships shall be
13 through a subcontract with one or more minority institu-
14 tions for a total amount of not less than 5 percent of the
15 amount awarded in the contract.
16 ‘‘(2) For the purposes of this subsection, a minority
17 institution means—
18 ‘‘(A) a part B institution (as such term is de-
19 fined in section 322(2) of the Higher Education Act
20 of 1965 (20 U.S.C. 1061(2))); or
21 ‘‘(B) any other institution of higher education
22 (as such term is defined in section 101 of such Act
23 (20 U.S.C. 1001)) at which not less than 50 percent
24 of the total student enrollment consists of students
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1 from ethnic groups that are underrepresented in the
2 fields of science and engineering.’’.
3 (2) EFFECTIVE DATE.—The amendments made
4 by paragraph (1) shall—
5 (A) take effect on October 1, 2026; and
6 (B) apply with respect to funds that are
7 awarded by the Department of Defense on or
8 after such date.
9 (e) DEFINITIONS.—In this section:
10 (1) The term ‘‘Department’’ means the Depart-
11 ment of Defense.
12 (2) The term ‘‘institution of higher education’’
13 has the meaning given such term in section 101 of
14 the Higher Education Act of 1965 (20 U.S.C.
15 1001).
16 (3) The term ‘‘historically black college or uni-
17 versity’’ means a part B institution (as such term is
18 defined in section 322(2) of the Higher Education
19 Act of 1965 (20 U.S.C. 1061(2))).
20 (4) The term ‘‘minority institution’’ means—
21 (A) a historically black college or univer-
22 sity; or
23 (B) any institution of higher education at
24 which not less than 50 percent of the total stu-
25 dent enrollment consists of students from ethnic
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1 groups that are underrepresented in the fields
2 of science and engineering.
3 (5) The term ‘‘Secretary’’ means the Secretary
4 of Defense.
5 (6) The term ‘‘University Affiliated Research
6 Center’’ means a research organization within an in-
7 stitution of higher education that—
8 (A) provides or maintains Department es-
9 sential engineering, research, or development
10 capabilities; and
11 (B) receives sole source contract funding
12 from the Department pursuant to section
13 2304(c)(3)(B) of title 10, United States Code.
14 SEC. 215. TEST PROGRAM FOR ENGINEERING PLANT OF
15 DDG(X) DESTROYER VESSELS.
16 (a) TEST PROGRAM REQUIRED.—During the detailed
17 design period and prior to the construction start date of
18 the lead ship in the DDG(X) destroyer class of vessels,
19 the Secretary of the Navy shall commence a land-based
20 test program for the engineering plant of such class of
21 vessels.
22 (b) ADMINISTRATION.—The test program required by
23 subsection (a) shall be administered by the Senior Tech-
24 nical Authority for the DDG(X) destroyer class of vessels.
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1 (c) ELEMENTS.—The test program required by sub-
2 section (a) shall include, at a minimum, testing of the fol-
3 lowing equipment in vessel-representative form:
4 (1) Main reduction gear.
5 (2) Electrical propulsion motors.
6 (3) Other propulsion drive train components.
7 (4) Main propulsion system.
8 (5) Auxiliary propulsion unit.
9 (6) Electrical generation and distribution sys-
10 tems.
11 (7) Shipboard control systems.
12 (8) Power control modules.
13 (d) TEST OBJECTIVES.—The test program required
14 by subsection (a) shall include, at a minimum, the fol-
15 lowing test objectives demonstrated across the full range
16 of engineering plant operations for the DDG(X) destroyer
17 class of vessels:
18 (1) Test of the full propulsion drive train.
19 (2) Test and facilitation of machinery control
20 systems integration.
21 (3) Simulation of the full range of electrical de-
22 mands to enable the investigation of load dynamics
23 between the hull, mechanical and electrical equip-
24 ment, the combat system, and auxiliary equipment.
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1 (e) COMPLETION DATE.—The Secretary of the Navy
2 shall complete the test program required by subsection (a)
3 by not later than the delivery date of the lead ship in the
4 DDG(X) destroyer class of vessels.
5 (f) DEFINITIONS.—In this section:
6 (1) DELIVERY DATE.—The term ‘‘delivery
7 date’’ has the meaning given that term in section
8 8671 of title 10, United States Code.
9 (2) SENIOR TECHNICAL AUTHORITY.—The term
10 ‘‘Senior Technical Authority’’ means the official des-
11 ignated as the Senior Technical Authority for the
12 DDG(X) destroyer class of vessels pursuant to sec-
13 tion 8669b of title 10, United States Code.
14 SEC. 216. CONSORTIUM TO STUDY IRREGULAR WARFARE.
15 (a) ESTABLISHMENT.—The Secretary of Defense,
16 acting through the Under Secretary of Defense for Re-
17 search and Engineering, shall establish a research consor-
18 tium of institutions of higher education to study irregular
19 warfare and the responses to irregular threats.
20 (b) PURPOSES.—The purposes of the consortium
21 under subsection (a) are as follows:
22 (1) To shape the formulation and application of
23 policy through the conduct of research and analysis
24 regarding irregular warfare.
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1 (2) To maintain open-source databases on
2 issues relevant to understanding terrorism, irregular
3 threats, and social and environmental change.
4 (3) To serve as a repository for datasets re-
5 garding research on security, social change, and ir-
6 regular threats developed by institutions of higher
7 education that receive Federal funding.
8 (4) To support basic research in social science
9 on emerging threats and stability dynamics relevant
10 to irregular threat problem sets.
11 (5) To transition promising basic research—
12 (A) to higher stages of research and devel-
13 opment, and
14 (B) into operational capabilities, as appro-
15 priate, by supporting applied research and de-
16 veloping tools to counter irregular threats.
17 (6) To facilitate the collaboration of research
18 centers of excellence relating to irregular threats to
19 better distribute expertise to specific issues and sce-
20 narios regarding such threats.
21 (7) To enhance educational outreach and teach-
22 ing at professional military education schools to im-
23 prove—
24 (A) the understanding of irregular threats;
25 and
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1 (B) the integration of data-based responses
2 to such threats.
3 (8) To support classified research when nec-
4 essary in appropriately controlled physical spaces.
5 (c) COORDINATION.—The Under Secretary of De-
6 fense for Research and Engineering shall coordinate ac-
7 tivities conducted under this section with the Commander
8 of the United States Special Operations Command.
9 (d) PARTNERSHIPS.—The Under Secretary of De-
10 fense for Research and Engineering shall encourage part-
11 nerships between the consortium and university-affiliated
12 research centers and other research institutions.
13 (e) INSTITUTION OF HIGHER EDUCATION DE-
14 FINED.—In this section, the term ‘‘institution of higher
15 education’’ has the meaning given that term in section 101
16 of the Higher Education Act of 1965 (20 U.S.C. 1001).
17 SEC. 217. DEVELOPMENT AND IMPLEMENTATION OF DIG-
18 ITAL TECHNOLOGIES FOR SURVIVABILITY
19 AND LETHALITY TESTING.
20 (a) EXPANSION OF SURVIVABILITY AND LETHALITY
21 TESTING.—
22 (1) IN GENERAL.—The Secretary, in coordina-
23 tion with covered officials, shall—
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1 (A) expand the survivability and lethality
2 testing of covered systems to include testing
3 against non-kinetic threats; and
4 (B) develop digital technologies to test
5 such systems against such threats throughout
6 the life cycle of each such system.
7 (2) DEVELOPMENT OF DIGITAL TECHNOLOGIES
8 FOR LIVE FIRE TESTING.—
9 (A) IN GENERAL.—The Secretary, in co-
10 ordination with covered officials, shall develop—
11 (i) digital technologies to enable the
12 modeling and simulation of the live fire
13 testing required under section 2366 of title
14 10, United States Code; and
15 (ii) a process to use data from phys-
16 ical live fire testing to inform and refine
17 the digital technologies described in clause
18 (i).
19 (B) OBJECTIVES.—In carrying out sub-
20 paragraph (A), the Secretary shall seek to
21 achieve the following objectives:
22 (i) Enable assessments of full spec-
23 trum survivability and lethality of each
24 covered system with respect to kinetic and
25 non-kinetic threats.
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1 (ii) Inform the development and re-
2 finement of digital technology to test and
3 improve covered systems.
4 (iii) Enable survivability and lethality
5 assessments of the warfighting capabilities
6 of a covered system with respect to—
7 (I) communications;
8 (II) firepower;
9 (III) mobility;
10 (IV) catastrophic survivability;
11 and
12 (V) lethality.
13 (C) DEMONSTRATION ACTIVITIES.—
14 (i) IN GENERAL.—The Secretary, act-
15 ing through the Director, shall carry out
16 activities to demonstrate the digital tech-
17 nologies for full spectrum survivability
18 testing developed under subparagraph (A).
19 (ii) PROGRAM SELECTION.—The Sec-
20 retary shall assess and select not fewer
21 than three and not more than ten pro-
22 grams of the Department to participate in
23 the demonstration activities required under
24 clause (i).
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1 (iii) ARMED FORCES PROGRAMS.—Of
2 the programs selected pursuant to clause
3 (ii), the Director shall select—
4 (I) at least one such program
5 from the Army;
6 (II) at least one such program
7 from the Navy or the Marine Corps;
8 and
9 (III) at least one such program
10 from the Air Force or the Space
11 Force.
12 (3) REGULAR SURVIVABILITY AND LETHALITY
13 TESTING THROUGHOUT LIFE CYCLE.—
14 (A) IN GENERAL.—The Secretary, in co-
15 ordination with covered officials, shall—
16 (i) develop a process to regularly test
17 through the use of digital technologies the
18 survivability and lethality of each covered
19 system against kinetic and non-kinetic
20 threats throughout the life cycle of such
21 system as threats evolve; and
22 (ii) establish guidance for such test-
23 ing.
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1 (B) ELEMENTS.—In carrying out subpara-
2 graph (A), the Secretary shall determine the
3 following:
4 (i) When to deploy digital technologies
5 to provide timely and up-to-date insights
6 with respect to covered systems without
7 unduly delaying fielding of capabilities.
8 (ii) The situations in which it may be
9 necessary to develop and use digital tech-
10 nologies to assess legacy fleet
11 vulnerabilities.
12 (b) REPORTS AND BRIEFING.—
13 (1) ASSESSMENT AND SELECTION OF PRO-
14 GRAMS.—Not later than 180 days after the date of
15 the enactment of this Act, the Secretary shall submit
16 to the congressional defense committees a report
17 that identifies the programs selected to participate
18 in the demonstration activities under subsection
19 (a)(2)(C).
20 (2) MODERNIZATION AND DIGITIZATION RE-
21 PORT.—
22 (A) IN GENERAL.—Not later than March
23 15, 2023, the Director shall submit to the con-
24 gressional defense committees a report that in-
25 cludes—
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1 (i) an assessment of the progress of
2 the Secretary in carrying out subsection
3 (a);
4 (ii) an assessment of each of the dem-
5 onstration activities carried out under sub-
6 section (a)(2)(C), including a comparison
7 of—
8 (I) the risks, benefits, and costs
9 of using digital technologies for live
10 fire testing and evaluation; and
11 (II) the risks, benefits, and costs
12 of traditional physical live fire testing
13 approaches that—
14 (aa) are not supported by
15 digital technologies;
16 (bb) do not include testing
17 against non-kinetic threats; and
18 (cc) do not include full spec-
19 trum survivability.
20 (iii) an explanation of—
21 (I) how real-world operational
22 and digital survivability and lethality
23 testing data will be used to inform
24 and enhance digital technology;
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1 (II) the contribution of such data
2 to the digital modernization efforts re-
3 quired under section 836 of the Wil-
4 liam M. (Mac) Thornberry National
5 Defense Authorization Act for Fiscal
6 Year 2021 (Public Law 116–283);
7 and
8 (III) the contribution of such
9 data to the decision-support processes
10 for managing and overseeing acquisi-
11 tion programs of the Department;
12 (iv) an assessment of the ability of the
13 Department to perform full spectrum sur-
14 vivability and lethality testing of each cov-
15 ered system with respect to kinetic and
16 non-kinetic threats;
17 (v) an assessment of the processes im-
18 plemented by the Department to manage
19 digital technologies developed pursuant to
20 subsection (a); and
21 (vi) an assessment of the processes
22 implemented by the Department to develop
23 digital technology that can perform full
24 spectrum survivability and lethality testing
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1 with respect to kinetic and non-kinetic
2 threats.
3 (B) BRIEFING.—Not later than April 14,
4 2023, the Director shall provide to the congres-
5 sional defense committees a briefing that identi-
6 fies any changes to existing law that may be
7 necessary to implement subsection (a).
8 (c) DEFINITIONS.—In this section:
9 (1) COVERED OFFICIALS.—The term ‘‘covered
10 officials’’ means—
11 (A) the Under Secretary of Defense for
12 Research and Engineering;
13 (B) the Under Secretary of Defense for
14 Acquisition and Sustainment;
15 (C) the Chief Information Officer;
16 (D) the Director;
17 (E) the Director of Cost Assessment and
18 Program Evaluation;
19 (F) the Service Acquisition Executives;
20 (G) the Service testing commands;
21 (H) the Director of the Defense Digital
22 Service; and
23 (I) representatives from—
24 (i) the Department of Defense Test
25 Resource Management Center;
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1 (ii) the High Performance Computing
2 Modernization Program Office; and
3 (iii) the Joint Technical Coordination
4 Group for Munitions Effectiveness.
5 (2) COVERED SYSTEM.—The term ‘‘covered sys-
6 tem’’ means any warfighting capability that can de-
7 grade, disable, deceive, or destroy forces or missions.
8 (3) DEPARTMENT.—The term ‘‘Department’’
9 means the Department of Defense.
10 (4) DIGITAL TECHNOLOGIES.—The term ‘‘dig-
11 ital technologies’’ includes digital models, digital
12 simulations, and digital twin capabilities that may be
13 used to test the survivability and lethality of a cov-
14 ered system.
15 (5) DIRECTOR.—The term ‘‘Director’’ means
16 the Director of Operational Test and Evaluation.
17 (6) FULL SPECTRUM SURVIVABILITY AND
18 LETHALITY TESTING.—The term ‘‘full spectrum sur-
19 vivability and lethality testing’’ means a series of as-
20 sessments of the effects of kinetic and non-kinetic
21 threats on the communications, firepower, mobility,
22 catastrophic survivability, and lethality of a covered
23 system.
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1 (7) NON-KINETIC THREATS.—The term ‘‘non-
2 kinetic threats’’ means unconventional threats, in-
3 cluding—
4 (A) cyber attacks;
5 (B) electromagnetic spectrum operations;
6 (C) chemical, biological, radiological, nu-
7 clear effects and high yield explosives; and
8 (D) directed energy weapons.
9 (8) SECRETARY.—The term ‘‘Secretary’’ means
10 the Secretary of Defense.
11 SEC. 218. PILOT PROGRAM ON THE USE OF INTER-
12 MEDIARIES TO CONNECT THE DEPARTMENT
13 OF DEFENSE WITH TECHNOLOGY PRO-
14 DUCERS.
15 (a) IN GENERAL.—The Secretary of Defense shall
16 carry out a pilot program to foster the transition of the
17 science and technology programs, projects, and activities
18 of the Department of Defense from the research, develop-
19 ment, pilot, and prototyping phases to full-scale implemen-
20 tation. Under the pilot program, the Secretary shall seek
21 to enter into agreements with qualified intermediaries pur-
22 suant to which the intermediaries will—
23 (1) match technology producers with programs,
24 projects, and activities of the Department that may
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1 have a use for the technology developed by such pro-
2 ducers; and
3 (2) provide technical assistance to such tech-
4 nology producers on participating in the procure-
5 ment programs and acquisition processes of the De-
6 partment.
7 (b) ACTIVITIES.—A qualified intermediary that en-
8 ters into an agreement with the Secretary of Defense
9 under subsection (a) shall, pursuant to such agreement—
10 (1) guide and advise technology producers on
11 participating in the procurement programs and ac-
12 quisition processes of the Department, including—
13 (A) planning, programing, budgeting, and
14 execution processes of the Department.
15 (B) requirements processes;
16 (C) the Federal Acquisition Regulation and
17 the Department of Defense Supplement to the
18 Federal Acquisition Regulation;
19 (D) other procurement programs and au-
20 thorities, including—
21 (i) the Small Business Innovation Re-
22 search Program and the Small Business
23 Technology Transfer Program, as defined
24 in section 9(e) of the Small Business Act
25 (15 U.S.C. 638(e));
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1 (ii) other transaction authority under
2 sections 2371 and 2371b of title 10,
3 United States Code;
4 (iii) cooperative agreements;
5 (iv) prizes for advanced technology
6 achievements under section 2374a of title
7 10, United States Code; and
8 (v) grant programs; and
9 (E) new entrant barriers and challenges,
10 including—
11 (i) accessing secure computing and in-
12 formation technology infrastructure; and
13 (ii) securing clearances for personnel
14 and facilities; and
15 (2) match technology producers with programs,
16 projects, and activities of the Department that may
17 have a use for the technology developed by such pro-
18 ducers, including programs, projects, and activities
19 carried out by—
20 (A) program executive officers (as defined
21 in section 1737(a)(4)) of title 10, United States
22 Code);
23 (B) program management offices;
24 (C) combatant commands with a command
25 acquisition executive;
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1 (D) Defense Agencies and Department of
2 Defense Field Activities (as such terms are de-
3 fined, respectively, in section 101 of title 10,
4 United States Code); and
5 (E) such other elements of the Department
6 as the Secretary considers appropriate.
7 (c) PRIORITY.—In carrying out the activities de-
8 scribed in subsection (b), a qualified intermediary shall
9 give priority to technology producers that are small busi-
10 ness concerns (as defined under section 3 of the Small
11 Business Act (15 U.S.C. 632)), research institutions (as
12 defined in section 9(e) of such Act), or institutions of high-
13 er education (as defined in section 101 of the Higher Edu-
14 cation Act of 1965 (20 U.S.C 1001)).
15 (d) TERMS OF AGREEMENTS.—
16 (1) IN GENERAL.—The terms of an agreement
17 under subsection (a) shall be determined by the Sec-
18 retary of Defense.
19 (2) METHODS OF SERVICE DELIVERY.—In en-
20 tering into agreements under subsection (a), the
21 Secretary may consider, on a case by case basis,
22 whether the needs of the Department of Defense
23 and technology producers would best be served by a
24 qualified intermediary that provides services in a
25 specific geographic region, serves a particular tech-
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1 nology sector, or uses another method of service de-
2 livery.
3 (3) INCENTIVES.—The Secretary of Defense
4 may include terms in an agreement under subsection
5 (a) to incentivize a qualified intermediary to success-
6 fully facilitate the transition of science and tech-
7 nology from the research, development, pilot, and
8 prototyping phases to full-scale implementation with-
9 in the Department of Defense.
10 (4) LIMITATION ON USE OF FUNDS.—The Sec-
11 retary of Defense may not use any amounts required
12 to be expended under section 9(f)(1) of the Small
13 Business Act (15 U.S.C. 638(f)(1)) for any adminis-
14 trative costs incurred by a qualified intermediary as-
15 sociated with the pilot program under this section.
16 (e) PROTECTION OF PROPRIETARY INFORMATION.—
17 The Secretary of Defense shall implement policies and
18 procedures to protect the intellectual property and any
19 other proprietary information of technology producers that
20 participate in the pilot program under this section.
21 (f) DATA COLLECTION.—
22 (1) PLAN REQUIRED BEFORE IMPLEMENTA-
23 TION.—The Secretary of Defense may not enter into
24 an agreement under subsection (a) until the date on
25 which the Secretary—
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1 (A) completes a plan to for carrying out
2 the data collection required under paragraph
3 (2); and
4 (B) submits the plan to the appropriate
5 congressional committees.
6 (2) DATA COLLECTION REQUIRED.—The Sec-
7 retary of Defense shall collect and analyze data on
8 the pilot program under this section for the purposes
9 of—
10 (A) developing and sharing best practices
11 for facilitating the transition of science and
12 technology from the research, development,
13 pilot, and prototyping phases to full-scale imple-
14 mentation within the Department of Defense;
15 (B) providing information to the leadership
16 of the Department on the implementation of the
17 pilot program and related policy issues; and
18 (C) providing information to the appro-
19 priate congressional committees as required
20 under subsection (g).
21 (g) BRIEFING.—Not later than December 31, 2022,
22 the Secretary of Defense shall provide to the appropriate
23 congressional committees a briefing on the progress of the
24 Secretary in implementing the pilot program under this
25 section and any related policy issues.
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1 (h) CONSULTATION.—In carrying out the pilot pro-
2 gram under this section, the Secretary of Defense shall
3 consult with—
4 (1) service acquisition executives (as defined in
5 section 101 of title 10, United States Code);
6 (2) the heads of appropriate Defense Agencies
7 and Department of Defense Field Activities;
8 (3) procurement technical assistance centers (as
9 described in chapter 142 of title 10, United States
10 Code);
11 (4) the Administrator of Federal Procurement
12 Policy; and
13 (5) such other individuals and organizations as
14 the Secretary determines appropriate.
15 (i) TERMINATION.—The pilot program under this
16 section shall terminate on the date that is five years after
17 the date on which Secretary of Defense enters into the
18 first agreement with a qualified intermediary under sub-
19 section (a).
20 (j) COMPTROLLER GENERAL ASSESSMENT AND RE-
21 PORT.—
22 (1) ASSESSMENT.—The Comptroller General of
23 the United States shall conduct an assessment of the
24 pilot program under this section. The assessment
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1 shall include an evaluation of the effectiveness of the
2 pilot program with respect to—
3 (A) facilitating the transition of science
4 and technology from the research, development,
5 pilot, and prototyping phases to full-scale imple-
6 mentation within the Department of Defense;
7 and
8 (B) protecting sensitive information shared
9 among the Department of Defense, qualified
10 intermediaries, and technology producers in the
11 course of the pilot program.
12 (2) REPORT.—Not later than the date specified
13 in paragraph (3), the Comptroller General shall sub-
14 mit to the appropriate congressional committees a
15 report on the results of the assessment conducted
16 under paragraph (1).
17 (3) DATE SPECIFIED.—The date specified in
18 this paragraph is the earlier of—
19 (A) four years after the date on which the
20 Secretary of Defense enters into the first agree-
21 ment with a qualified intermediary under sub-
22 section (a): or
23 (B) five years after the date of the enact-
24 ment of this Act.
25 (k) DEFINITIONS.—In this section:
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1 (1) The term ‘‘appropriate congressional com-
2 mittees’’ means—
3 (A) the congressional defense committees;
4 (B) the Committee on Homeland Security
5 and Governmental Affairs of the Senate; and
6 (C) the Committee on Oversight and Re-
7 form of the House of Representatives.
8 (2) The term ‘‘qualified intermediary’’ means a
9 nonprofit, for-profit, or State or local government
10 entity that assists, counsels, advises, evaluates, or
11 otherwise cooperates with technology producers that
12 need or can make demonstrably productive use of
13 the services provided by the intermediary pursuant
14 to the pilot program under this section.
15 (3) The term ‘‘technology producer’’ means an
16 individual or entity engaged in the research, develop-
17 ment, production, or distribution of science or tech-
18 nology that the Secretary of Defense determines
19 may be of use to the Department of Defense.
20 SEC. 219. ASSESSMENT AND CORRECTION OF DEFI-
21 CIENCIES IN THE F–35 AIRCRAFT PILOT
22 BREATHING SYSTEM.
23 (a) TESTING AND EVALUATION REQUIRED.—Begin-
24 ning not later than 120 days after the date of the enact-
25 ment of this Act, the Secretary of Defense, in consultation
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1 with the Administrator of the National Aeronautics and
2 Space Administration, shall commence operational testing
3 and evaluation of the F–35 aircraft pilot breathing system
4 (in this section referred to as the ‘‘breathing system’’)
5 to—
6 (1) determine whether the breathing system
7 complies with Military Standard 3050 (MIL–STD–
8 3050), titled ‘‘Aircraft Crew Breathing Systems
9 Using On-Board Oxygen Generating System
10 (OBOGS)’’; and
11 (2) assess the safety and effectiveness of the
12 breathing system for all pilots of F–35 aircraft.
13 (b) REQUIREMENTS.—The following shall apply to
14 the testing and evaluation conducted under subsection (a):
15 (1) The pilot, aircraft systems, and operational
16 flight environment of the F–35 aircraft shall not be
17 assessed in isolation but shall be tested and evalu-
18 ated as integrated parts of the breathing system.
19 (2) The testing and evaluation shall be con-
20 ducted under a broad range of operating conditions,
21 including variable weather conditions, low-altitude
22 flight, high-altitude flight, during weapons employ-
23 ment, at critical phases of flight such as take-off
24 and landing, and in other challenging environments
25 and operating flight conditions.
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1 (3) The testing and evaluation shall assess
2 operational flight environments for the pilot that
3 replicate expected conditions and durations for high
4 gravitational force loading, rapid changes in altitude,
5 rapid changes in airspeed, and varying degrees of
6 moderate gravitational force loading.
7 (4) A diverse group of F–35 pilots shall partici-
8 pate in the testing and evaluation, including—
9 (A) pilots who are test-qualified and pilots
10 who are not test-qualified
11 (B) pilots who vary in gender, physical
12 conditioning, height, weight, and age, and any
13 other attributes that the Secretary determines
14 to be appropriate.
15 (5) The F–35A, F–35B, and F–35C aircraft in-
16 volved in the testing and evaluation shall perform
17 operations with operationally representative and re-
18 alistic aircraft configurations.
19 (6) The testing and evaluation shall include as-
20 sessments of pilot life support gear and relevant
21 equipment, including the pilot breathing mask appa-
22 ratus.
23 (7) The testing and evaluation shall include
24 testing data from pilot reports, measurements of
25 breathing pressures and air delivery response timing
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1 and flow, cabin pressure, air-speed, acceleration,
2 measurements of hysteresis during all phases of
3 flight, measurements of differential pressure between
4 mask and cabin altitude, and measurements of
5 spirometry and specific oxygen saturation levels of
6 the pilot immediately before and immediately after
7 each flight.
8 (8) The analysis of the safety and effectiveness
9 of the breathing system shall thoroughly assess any
10 physiological effects reported by pilots, including ef-
11 fects on health, fatigue, cognition, and perception of
12 any breathing difficulty.
13 (9) The testing and evaluation shall include the
14 participation of subject matter experts who have fa-
15 miliarity and technical expertise regarding design
16 and functions of the F–35 aircraft, its propulsion
17 system, pilot breathing system, life support equip-
18 ment, human factors, and any other systems or sub-
19 ject matter the Secretary determines necessary to
20 conduct effective testing and evaluation. At a min-
21 imum, such subject matter experts shall include
22 aerospace physiologists, engineers, flight surgeons,
23 and scientists.
24 (10) In carrying out the testing and evaluation,
25 the Secretary of Defense may seek technical support
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1 and subject matter expertise from the Naval Air
2 Systems Command, the Air Force Research Labora-
3 tory, the Office of Naval Research, the National
4 Aeronautics and Space Administration, and any
5 other organization or element of the Department of
6 Defense or the National Aeronautics and Space Ad-
7 ministration that the Secretary, in consultation with
8 the Administrator of the National Aeronautics and
9 Space Administration, determines appropriate to
10 support the testing and evaluation.
11 (c) CORRECTIVE ACTIONS.—Not later than 90 days
12 after the submittal of the final report under subsection
13 (e), the Secretary of Defense shall take such actions as
14 are necessary to correct all deficiencies, shortfalls, and
15 gaps in the breathing system that were discovered or re-
16 ported as a result of the testing and evaluation under sub-
17 section (a).
18 (d) PRELIMINARY REPORT.—Not later than one year
19 after the commencement of the testing and evaluation
20 under subsection (a), the Secretary of Defense shall sub-
21 mit to the congressional defense committees a preliminary
22 report, based on the initial results of such testing and eval-
23 uation, that includes findings, recommendations, and po-
24 tential corrective actions to address deficiencies in the
25 breathing system.
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1 (e) FINAL REPORT.—Not later than two years after
2 the commencement of the testing and evaluation under
3 subsection (a), the Secretary of Defense shall submit to
4 the congressional defense committees a final report that
5 includes, based on the final results of such testing and
6 evaluation—
7 (1) findings and recommendations with respect
8 to the breathing system; and
9 (2) a description of the specific actions the Sec-
10 retary will carry out to correct deficiencies in the
11 breathing system, as required under subsection (c).
12 (f) INDEPENDENT REVIEW OF FINAL REPORT.—
13 (1) IN GENERAL.—The Secretary of Defense, in
14 consultation with the Administrator of the National
15 Aeronautics and Space Administration, shall seek to
16 enter into an agreement with a federally funded re-
17 search and development center with relevant exper-
18 tise to conduct an independent sufficiency review of
19 the final report submitted under subsection (e).
20 (2) REPORT TO SECRETARY.—Not later than
21 seven months after the date on which the Secretary
22 of Defense enters into an agreement with a federally
23 funded research and development center under para-
24 graph (1), the center shall submit to the Secretary
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1 a report on the results of the review conducted
2 under such paragraph.
3 (3) REPORT TO CONGRESS.—Not later than 30
4 days after the date on which the Secretary of De-
5 fense receives the report under paragraph (2), the
6 Secretary shall submit the report to the congres-
7 sional defense committees.
8 SEC. 220. IDENTIFICATION OF THE HYPERSONICS FACILI-
9 TIES AND CAPABILITIES OF THE MAJOR
10 RANGE AND TEST FACILITY BASE.
11 (a) IDENTIFICATION REQUIRED.—Not later than 180
12 days after the date of the enactment of this Act, the Sec-
13 retary of Defense shall—
14 (1) identify each facility and capability of the
15 Major Range and Test Facility Base that is pri-
16 marily concerned with the ground-based simulation
17 of hypersonic atmospheric flight conditions and the
18 test and evaluation of hypersonic technology in open
19 air flight; and
20 (2) identify such facilities and capabilities that
21 the Secretary would propose to designate, collec-
22 tively, as the ‘‘Hypersonics Facility Base’’.
23 (b) MAJOR RANGE AND TEST FACILITY BASE.—In
24 this section, the term ‘‘Major Range and Test Facility
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1 Base’’ has the meaning given that term in section 196(i)
2 of title 10, United States Code.
3 SEC. 221. REQUIREMENT TO MAINTAIN ACCESS TO CAT-
4 EGORY 3 SUBTERRANEAN TRAINING FACIL-
5 ITY.
6 (a) REQUIREMENT TO MAINTAIN ACCESS.—The Sec-
7 retary of Defense shall ensure that the Department of De-
8 fense maintains access to a covered category 3 subterra-
9 nean training facility on a continuing basis.
10 (b) AUTHORITY TO ENTER INTO LEASE.—The Sec-
11 retary of Defense is authorized to enter into a short-term
12 lease with a provider of a covered category 3 subterranean
13 training facility for purposes of compliance with sub-
14 section (a).
15 (c) COVERED CATEGORY 3 SUBTERRANEAN TRAIN-
16 ING FACILITY DEFINED.—In this section, the term ‘‘cov-
17 ered category 3 subterranean training facility’’ means a
18 category 3 subterranean training facility that is—
19 (1) operational as of the date of the enactment
20 of this Act; and
21 (2) deemed safe for use as of such date.
22 SEC. 222. PROHIBITION ON REDUCTION OF NAVAL AVIA-
23 TION TESTING AND EVALUATION CAPACITY.
24 (a) PROHIBITION.—During the period beginning on
25 the date of the enactment of this Act and ending on Octo-
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1 ber 1, 2022, the Secretary of the Navy may not take any
2 action that would reduce, below the levels authorized and
3 in effect on October 1, 2020, any of the following:
4 (1) The aviation-related operational testing and
5 evaluation capacity of the Department of the Navy.
6 (2) The billets assigned to support such capac-
7 ity.
8 (3) The aviation force structure, aviation inven-
9 tory, or quantity of aircraft assigned to support such
10 capacity, including rotorcraft and fixed-wing air-
11 craft.
12 (b) REPORT REQUIRED.—Not later than June 30,
13 2022, the Director of Operational Test and Evaluation
14 shall submit to the congressional defense committees a re-
15 port that assesses each of the following as of the date of
16 the report:
17 (1) The design and effectiveness of the testing
18 and evaluation infrastructure and capacity of the
19 Department of the Navy, including an assessment of
20 whether such infrastructure and capacity is suffi-
21 cient to carry out the acquisition and sustainment
22 testing required for the aviation-related programs of
23 the Department of Defense and the naval aviation-
24 related programs of the Department of the Navy.
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1 (2) The plans of the Secretary of the Navy to
2 reduce the testing and evaluation capacity and infra-
3 structure of the Navy with respect to naval aviation
4 in fiscal year 2022 and subsequent fiscal years, as
5 specified in the budget of the President submitted to
6 Congress on May 28, 2021.
7 (3) The technical, fiscal, and programmatic
8 issues and risks associated with the plans of the Sec-
9 retary of the Navy to delegate and task operational
10 naval aviation units and organizations to efficiently
11 and effectively execute testing and evaluation master
12 plans for various aviation-related programs and
13 projects of the Department of the Navy.
14 SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR
15 CERTAIN C–130 AIRCRAFT.
16 None of the funds authorized to be appropriated by
17 this Act or otherwise made available for fiscal year 2022
18 for the Navy may be obligated or expended to procure a
19 C–130 aircraft for testing and evaluation as a potential
20 replacement for the E–6B aircraft until the date on which
21 the Secretary of the Navy submits to the congressional
22 defense committees a report that includes the following in-
23 formation:
24 (1) The unit cost of each such C–130 test air-
25 craft.
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1 (2) The life cycle sustainment plan for such C–
2 130 aircraft.
3 (3) A statement indicating whether such C–130
4 aircraft will be procured using multiyear contracting
5 authority under section 2306b of title 10, United
6 States Code.
7 (4) The total amount of funds needed to com-
8 plete the procurement of such C–130 aircraft.
9 SEC. 224. LIMITATION ON AVAILABILITY OF FUNDS FOR VC–
10 25B AIRCRAFT PROGRAM PENDING SUBMIS-
11 SION OF DOCUMENTATION.
12 (a) DOCUMENTATION REQUIRED.—The Secretary of
13 the Air Force shall submit to the congressional defense
14 committees an integrated master schedule for the VC–25B
15 presidential aircraft recapitalization program of the Air
16 Force.
17 (b) LIMITATION.—Of the funds authorized to be ap-
18 propriated by this Act or otherwise made available for fis-
19 cal year 2022 for the Air Force for the VC–25B aircraft,
20 not more than 50 percent may be obligated or expended
21 until the date on which the Secretary of the Air Force
22 submits to the congressional defense committees the docu-
23 mentation required under subsection (a).
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1 SEC. 225. FUNDING FOR HYPERSONICS ADVANCED MANU-
2 FACTURING.
3 (a) IN GENERAL.—Of the funds authorized to be ap-
4 propriated by section 201 for research, development, test,
5 and evaluation, Defense-wide, as specified in the cor-
6 responding funding table in section 4201, for advanced
7 technology development for the Defense-wide manufac-
8 turing science and technology program, line 050
9 (PE0603680D8Z), $15,000,000 is authorized to be used
10 in support of hypersonics advanced manufacturing.
11 (b) OFFSET.—Notwithstanding the amounts set forth
12 in the funding tables in division D, the amount authorized
13 to be appropriated in section 301 for operation and main-
14 tenance, Space Force, as specified in the corresponding
15 funding table in section 4301, for contractor logistics and
16 system support, line 080, is hereby reduced by
17 $15,000,000.
18 SEC. 226. FUNDING INCREASE FOR 3D PRINTING OF INFRA-
19 STRUCTURE.
20 (a) INCREASE.—Notwithstanding the amounts set
21 forth in the funding tables in division D, the amount au-
22 thorized to be appropriated in section 201, as specified
23 in the corresponding funding table in section 4201, line
24 038 (PE 0603119A), is hereby increased by $12,500,000.
25 (b) OFFSET.—Notwithstanding the amounts set forth
26 in the funding tables in division D, the amount authorized
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1 to be appropriated in section 201 for research, develop-
2 ment, test, and evaluation, Army, as specified in the cor-
3 responding funding table in section 4201, for Integrated
4 Personnel and Pay System - Army (IPPS-A), line 121,
5 is hereby reduced by $12,500,000.
6 SEC. 227. FUNDING INCREASE FOR COLD WEATHER CAPA-
7 BILITIES.
8 (a) INCREASE.—Notwithstanding the amounts set
9 forth in the funding tables in division D, the amount au-
10 thorized to be appropriated in section 201 for research,
11 development, test, and evaluation, Air Force, as specified
12 in the corresponding funding table in section 4201, for
13 applied research, materials, line 005 (PE 0602102F), is
14 hereby increased by $7,500,000.
15 (b) OFFSET.—Notwithstanding the amounts set forth
16 in the funding tables in division D, the amount authorized
17 to be appropriated in section 201 for research, develop-
18 ment, test, and evaluation, Army, as specified in the cor-
19 responding funding table in section 4201, for Integrated
20 Personnel and Pay System - Army (IPPS-A), line 121,
21 is hereby reduced by $7,500,000.
22 SEC. 228. FUNDING FOR SOLDIER LETHALITY TECH-
23 NOLOGY.
24 (a) INCREASE.—Notwithstanding the amounts set
25 forth in the funding tables in division D, the amount au-
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1 thorized to be appropriated in section 201 for research,
2 development, test and evaluation, Army, as specified in the
3 corresponding funding table in section 4201, for advanced
4 technology development, soldier lethality advanced tech-
5 nology (PE0603118A), line 037, is hereby increased by
6 $8,000,000.
7 (b) OFFSET.—Notwithstanding the amounts set forth
8 in the funding tables in division D, the amount authorized
9 to be appropriated in section 301 for operation and main-
10 tenance, Space Force, as specified in the corresponding
11 funding table in section 4301, for contractor logistics and
12 system support, line 080, is hereby reduced by
13 $8,000,000.
14 SEC. 229. PILOT PROGRAM ON DATA LIBRARIES FOR
15 TRAINING ARTIFICIAL INTELLIGENCE MOD-
16 ELS.
17 (a) DATA LIBRARIES.—The Secretary of Defense,
18 acting through the Director of the Joint Artificial Intel-
19 ligence Center, is authorized to carry out a pilot program
20 under which Secretary may—
21 (1) establish data libraries containing Depart-
22 ment of Defense data sets relevant to the develop-
23 ment of artificial intelligence software and tech-
24 nology; and
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1 (2) allow private companies to access such data
2 libraries for the purposes of developing artificial in-
3 telligence models and other technical software solu-
4 tions.
5 (b) OBJECTIVES.—The objective of the pilot program
6 under subsection (a) shall be to ensure that the Depart-
7 ment of Defense is able to procure optimal artificial intel-
8 ligence and machine learning software capabilities that
9 can quickly scale to meet the needs of the Department.
10 (c) ELEMENTS.—If the Secretary of Defense elects
11 to carry out the pilot program under subsection (a), the
12 data libraries established under the program—
13 (1) may include unclassified data stacks rep-
14 resentative of diverse types of information, such as
15 aerial imagery, radar, synthetic aperture radar, cap-
16 tured exploitable material, publicly available infor-
17 mation, and as many other data types the Secretary
18 determines appropriate; and
19 (2) shall be made available to covered software
20 companies beginning immediately upon the covered
21 software company entering into a contract or agree-
22 ment with the Secretary to support rapid develop-
23 ment of high-quality software.
24 (d) AVAILABILITY.—If the Secretary of Defense
25 elects to carry out the pilot program under subsection (a),
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1 the Secretary, acting through the Chief Information Offi-
2 cer of the Department, shall ensure that the data libraries
3 established under the program are available to covered
4 software companies by not later than 180 days after the
5 date on which the program is commenced.
6 (e) BRIEFING.—Not later than 90 days after the date
7 of the enactment of this Act, the Secretary shall provide
8 to the congressional defense committees a briefing on im-
9 plementing this section, including an identification of the
10 types of information that the Secretary determines are
11 feasible and advisable to include in the data stacks under
12 subsection (b)(1).
13 SEC. 229A. ESTABLISHMENT OF QUANTUM NETWORK
14 TESTBED PROGRAM FOR DEPARTMENT OF
15 AIR FORCE.
16 (a) IN GENERAL.—The Secretary of the Air Force
17 may establish a program to develop a proof-of-concept
18 quantum network testbed that may be accessed by proto-
19 type quantum computers.
20 (b) FUNDING FOR QUANTUM NETWORK TESTBED
21 PROGRAM.—
22 (1) INCREASE.—Notwithstanding the amounts
23 set forth in the funding tables in division D, the
24 amount authorized to be appropriated in section 201
25 for research, development, test, and evaluation Air
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1 Force applied research, line 014, as specified in the
2 corresponding funding table in section 4201, for
3 dominant information sciences and methods is here-
4 by increased by $10,000,000 (to be used to in sup-
5 port of the quantum network and computing testbed
6 program under this section).
7 (2) OFFSET.—Notwithstanding the amounts set
8 forth in the funding tables in division D, the amount
9 authorized to be appropriated in section 301 for op-
10 eration and maintenance, space force, as specified in
11 the corresponding funding table in section 4301,
12 contractor logistics and system support, line 080, is
13 hereby reduced by $10,000,000.
14 Subtitle C—Plans, Reports, and
15 Other Matters
16 SEC. 231. MODIFICATION TO ANNUAL REPORT OF THE DI-
17 RECTOR OF OPERATIONAL TEST AND EVAL-
18 UATION.
19 Section 139(h)(2) of title 10, United States Code, is
20 amended by striking ‘‘, through January 31, 2026’’.
21 SEC. 232. ADAPTIVE ENGINE TRANSITION PROGRAM ACQUI-
22 SITION STRATEGY FOR THE F–35A AIRCRAFT.
23 (a) IN GENERAL.—Not later than 14 days after the
24 date on which the budget of the President for fiscal year
25 2023 is submitted to Congress pursuant to section 1105
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1 of title 31, United States Code, the Under Secretary of
2 Defense for Acquisition and Sustainment shall submit to
3 the congressional defense committees a report on the inte-
4 gration of the Adaptive Engine Transition Program pro-
5 pulsion system into the F–35A aircraft.
6 (b) ELEMENTS.—The report required under sub-
7 section (a) shall include the following:
8 (1) A competitive acquisition strategy, informed
9 by fiscal considerations, to—
10 (A) integrate the Adaptive Engine Transi-
11 tion Program propulsion system into the F–35A
12 aircraft; and
13 (B) begin, in fiscal year 2027, activities to
14 retrofit all F–35A aircraft with such propulsion
15 system.
16 (2) An implementation plan to implement such
17 strategy.
18 (3) A schedule annotating pertinent milestones
19 and yearly fiscal resource requirements for the im-
20 plementation of such strategy.
21 SEC. 233. ADVANCED PROPULSION SYSTEM ACQUISITION
22 STRATEGY FOR THE F–35B AND F–35C AIR-
23 CRAFT.
24 (a) IN GENERAL.—Not later than 14 days after the
25 date on which the budget of the President for fiscal year
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1 2023 is submitted to Congress pursuant to section 1105
2 of title 31, United States Code, the Secretary of the Navy,
3 in consultation with the Under Secretary of Defense for
4 Acquisition and Sustainment, shall submit to the congres-
5 sional defense committees a report on the integration of
6 the Adaptive Engine Transition Program (referred to in
7 this section as ‘‘AETP’’) propulsion system or other ad-
8 vanced propulsion system into F–35B and F–35C aircraft.
9 (b) ELEMENTS.—The report required under sub-
10 section (a) shall include the following:
11 (1) An analysis of the impact on combat effec-
12 tiveness and sustainment cost from increased thrust,
13 fuel efficiency, and thermal capacity for each variant
14 of the F–35, to include the improvements on accel-
15 eration, speed, range, and overall mission effective-
16 ness, of each advanced propulsion system.
17 (2) An assessment in the reduction on the de-
18 pendency on support assets, to include air refueling
19 and replenishment tankers, and the overall cost ben-
20 efits to the Department from reduced acquisition
21 and sustainment of such support assets, from the in-
22 tegration of each advanced propulsion system.
23 (3) A competitive acquisition strategy, informed
24 by fiscal considerations, the assessment on combat
25 effectiveness, and technical limitations, to—
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1 (A) integrate an advanced propulsion sys-
2 tem into the F–35B aircraft and integrate an
3 advanced propulsion system into the F–35C air-
4 craft;
5 (B) begin, in a fiscal year as determined
6 by a cost benefit analysis, activities to produce
7 all F–35B aircraft and all F–35C aircraft with
8 such propulsion systems; and
9 (C) begin, in a fiscal year and quantity as
10 determined by a cost benefit analysis, activities
11 to retrofit F–35B aircraft and F–35C aircraft
12 with such propulsion systems.
13 (4) An implementation plan to implement the
14 strategy described in paragraph (3).
15 (5) A schedule annotating pertinent milestones
16 and yearly fiscal resource requirements for the im-
17 plementation of such strategy.
18 (c) DEFINITIONS.—In this section:
19 (1) The term ‘‘variant of the F-35’’ means:
20 (A) the F–35B; and
21 (B) the F–35C.
22 (2) The term ‘‘advanced propulsion system’’
23 means:
24 (A) the Adaptive Engine Transition Pro-
25 gram propulsion system; or
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1 (B) a derivative of a propulsion system de-
2 veloped for the F–35.
3 SEC. 234. ASSESSMENT AND REPORT ON AIRBORNE ELEC-
4 TRONIC ATTACK CAPABILITIES AND CAPAC-
5 ITY.
6 (a) ASSESSMENT.—The Secretary of the Air Force
7 shall conduct an assessment of—
8 (1) the status of the airborne electronic attack
9 capabilities and capacity of the Air Force; and
10 (2) the feasibility and advisability of adapting
11 the ALQ–249 Next Generation Jammer for use on
12 Air Force tactical aircraft, including an analysis
13 of—
14 (A) the suitability of the jammer for use
15 on such aircraft;
16 (B) the compatibility of the jammer with
17 such aircraft; and
18 (C) identification of any unique hardware,
19 software, or interface modifications that may be
20 required to integrate the jammer with such air-
21 craft.
22 (b) REPORT.—Not later than February 15, 2022, the
23 Secretary of the Air Force shall submit to the Committees
24 on Armed Services of the Senate and the House of Rep-
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1 resentatives a report on the results of the assessment con-
2 ducted under subsection (a).
3 SEC. 235. STRATEGY FOR AUTONOMY INTEGRATION IN
4 MAJOR WEAPON SYSTEMS.
5 (a) STRATEGY REQUIRED.—Not later than one year
6 after the date of the enactment of this Act the Secretary
7 of Defense shall submit to the Committees on Armed Serv-
8 ices of the Senate and House of Representatives a strategy
9 to resource and integrate, to the maximum extent possible,
10 autonomy software that enables full operational capability
11 in high threat, communications and GPS-denied environ-
12 ments into major weapons systems of the Department of
13 Defense by fiscal year 2025.
14 (b) ELEMENTS.—The strategy required under sub-
15 section (a) shall include—
16 (1) a list of weapon systems and programs, to
17 be selected by the Secretary of Defense, which can
18 be integrated with autonomy software as described
19 in subsection (a) by fiscal year 2025;
20 (2) timelines for autonomy software integration
21 into the weapon systems and programs as identified
22 under paragraph (1);
23 (3) funding requirements related to the develop-
24 ment, acquisition, and testing of autonomy software;
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1 (4) plans to leverage commercially-available ar-
2 tificial intelligence software, universal common con-
3 trol software, and autonomy software and related
4 self-driving or self-piloting technologies, where ap-
5 propriate; and
6 (5) plans to include autonomy software, artifi-
7 cial intelligence, and universal common control.
8 (6) Plans for ensuring the safety and security
9 of major weapon systems equipped with autonomy
10 software, including plans for testing, evaluation, vali-
11 dation, and verification of such systems.
12 (c) CONSULTATION.—The Secretary shall develop the
13 strategy required under subsection (a) in consultation
14 with—
15 (1) the Under Secretary of Defense for Re-
16 search and Engineering;
17 (2) the Secretaries of the military departments;
18 and
19 (3) such other organizations and elements of
20 the Department of Defense as the Secretary deter-
21 mines appropriate.
22 (d) REPORT.—
23 (1) IN GENERAL.—Not later than one year
24 after the date on which the strategy required under
25 subsection (a) is submitted to the Committees on
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1 Armed Services of the Senate and House of Rep-
2 resentatives, and not later than October 1 of each of
3 the five years thereafter, the Secretary of Defense
4 shall submit to the Committees on Armed Services
5 of the Senate and House of Representatives a report
6 that describes the status of the implementation of
7 the strategy.
8 (2) CONTENTS.—The report required under
9 paragraph (1) shall—
10 (A) identify any substantial changes made
11 in the strategy during the preceding calendar
12 year; and
13 (B) describe the progress made in imple-
14 menting the strategy.
15 (e) FORM.—The strategy required under subsection
16 (a) and the report required under subsection (d) shall be
17 submitted in unclassified form but may contain a classi-
18 fied annex.
19 SEC. 236. ROADMAP FOR RESEARCH AND DEVELOPMENT
20 OF DISRUPTIVE MANUFACTURING CAPABILI-
21 TIES.
22 (a) ROADMAP.—The Under Secretary of Defense for
23 Research and Engineering, in consultation with the De-
24 partment of Defense Manufacturing Innovation Institutes,
25 shall develop a capabilities integration roadmap for dis-
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1 ruptive manufacturing technologies including workforce
2 skills needed to support it and proposed pilot-scale dem-
3 onstration projects proving concepts, models, technologies,
4 and engineering barriers.
5 (b) BRIEFING.—Not later than 180 days after the
6 date of the enactment of this Act, the Under Secretary
7 of Defense for Research and Engineering shall submit to
8 the Committees on Armed Services of the Senate and the
9 House of Representatives a briefing on the roadmap devel-
10 oped under subsection (a).
11 SEC. 237. BIENNIAL ASSESSMENTS OF THE AIR FORCE RE-
12 SEARCH LABORATORY, AEROSPACE SYSTEMS
13 DIRECTORATE, ROCKET PROPULSION DIVI-
14 SION.
15 (a) ASSESSMENTS REQUIRED.—Not later than 30
16 days after the date on which the President’s budget is sub-
17 mitted to Congress under section 1105(a) of title 31,
18 United States Code, for each of fiscal years 2023 and
19 2025, the Secretary of the Air Force shall submit to the
20 congressional defense committees an assessment of the Air
21 Force Research Laboratory, Aerospace Systems Direc-
22 torate, Rocket Propulsion Division.
23 (b) ELEMENTS.—Each assessment under subsection
24 (a) shall include, for the period covered by the assessment,
25 a description of—
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1 (1) any challenges of the Air Force Research
2 Laboratory, Aerospace Systems Directorate, Rocket
3 Propulsion Division with respect to completing its
4 mission, including with respect to test activities and
5 infrastructure; and
6 (2) the plan of the Secretary to address such
7 challenges.
8 SEC. 238. REPORT DETAILING COMPLIANCE WITH DISCLO-
9 SURE REQUIREMENTS FOR RECIPIENTS OF
10 RESEARCH AND DEVELOPMENT FUNDS.
11 Not later than 90 days after the date of the enact-
12 ment of this Act, the Secretary of Defense shall submit
13 to the congressional defense committees a report detailing
14 compliance with the disclosure requirements for recipients
15 of research and development funds required under section
16 2374b of title 10, United States Code.
17 SEC. 239. SENSE OF CONGRESS ON THE ADDITIVE MANU-
18 FACTURING AND MACHINE LEARNING INITIA-
19 TIVE OF THE ARMY.
20 It is the sense of Congress that—
21 (1) the additive manufacturing and machine
22 learning initiative of the Army has the potential to
23 accelerate the ability to deploy additive manufac-
24 turing capabilities in expeditionary settings and
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1 strengthen the United States defense industrial sup-
2 ply chain; and
3 (2) Congress and the Department of Defense
4 should continue to support the additive manufac-
5 turing and machine learning initiative of the Army.
6 SEC. 240. RESEARCH SECURITY TRAINING REQUIREMENT
7 FOR FEDERAL RESEARCH GRANT PER-
8 SONNEL.
9 (a) ANNUAL TRAINING REQUIREMENT.—Drawing on
10 stakeholder input, not later than 12 months after the date
11 of the enactment of this Act, each Federal research agency
12 shall establish a requirement that, as part of an applica-
13 tion for a research and development award from the agen-
14 cy—
15 (1) each covered individual listed on the appli-
16 cation for a research and development award certify
17 that they have completed research security training
18 that meets the guidelines developed under subsection
19 (b) within one year of the application; and
20 (2) each institution of higher education or other
21 organization applying for such an award certify that
22 each covered individual who is employed by the insti-
23 tution or organization and listed on the application
24 has been made aware of the requirement under this
25 subsection.
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1 (b) TRAINING GUIDELINES.—The Director of the Of-
2 fice of Science and Technology Policy, acting through the
3 National Science and Technology Council and in accord-
4 ance with the authority provided under section 1746(a)
5 of the National Defense Authorization Act for Fiscal Year
6 2020 (Public Law 116–92; 42 U.S.C. 6601 note), shall
7 develop guidelines for institutions of higher education and
8 other organizations receiving Federal research and devel-
9 opment funds to use in developing their own training pro-
10 grams to address the unique needs, challenges, and risk
11 profiles of such institutions, including adoption of training
12 modules developed under subsection (c).
13 (c) SECURITY TRAINING MODULES.—
14 (1) IN GENERAL.—Not later than 90 days after
15 the date of the enactment of this Act, the Director
16 of the Office of Science and Technology Policy in co-
17 ordination with the Director of the National Science
18 Foundation and the Director of the National Insti-
19 tute of Health, and in consultation with other rel-
20 evant Federal research agencies, shall enter into an
21 agreement or contract with a qualified entity for the
22 development of online research security training
23 modules for the research community, including mod-
24 ules focused on international collaboration and inter-
25 national travel, foreign interference, and rules for
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1 proper use of funds, disclosure, conflict of commit-
2 ment, and conflict of interest.
3 (2) STAKEHOLDER INPUT.—Prior to entering
4 into the agreement under paragraph (1), the Direc-
5 tor of the Office of Science and Technology Policy
6 shall seek input from academic, private sector, intel-
7 ligence, and law enforcement stakeholders regarding
8 the scope and content of training modules, including
9 the diversity of needs across institutions of higher
10 education and other awardees of different sizes and
11 types, and recommendations for minimizing adminis-
12 trative burden on institutions of higher education
13 and researchers.
14 (3) DEVELOPMENT.—The Director of the Office
15 of Science and Technology Policy shall ensure that
16 the entity identified in paragraph (1)—
17 (A) develops modules that can be adapted
18 and utilized across Federal science agencies;
19 and
20 (B) develops and implements a plan for
21 regularly updating the modules as needed.
22 (d) CONSTISTENCY.—The Director of the Office of
23 Science and Technology Policy shall ensure that the train-
24 ing requirements issued by Federal research agencies
25 under subsection (a) are consistent.
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1 (e) DEFINITIONS.—In this section:
2 (1) The term ‘‘covered individual’’ means an in-
3 dividual who—
4 (A) contributes in a substantive, meaning-
5 ful way to the scientific development or execu-
6 tion of a research and development project pro-
7 posed to be carried out with a research and de-
8 velopment award from a Federal research agen-
9 cy; and
10 (B) is designated as a covered individual
11 by the Federal research agency concerned.
12 (2) The term ‘‘Federal research agency’’ means
13 any Federal agency with an annual extramural re-
14 search expenditure of over $100,000,000.
15 (3) The term ‘‘research and development
16 award’’ means support provided to an individual or
17 entity by a Federal research agency to carry out re-
18 search and development activities, which may include
19 support in the form of a grant, contract, cooperative
20 agreement, or other such transaction. The term does
21 not include a grant, contract, agreement or other
22 transaction for the procurement of goods or services
23 to meet the administrative needs of a Federal re-
24 search agency.
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1 TITLE III—OPERATION AND
2 MAINTENANCE
3 Subtitle A—Authorization of
4 Appropriations
5 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
6 Funds are hereby authorized to be appropriated for
7 fiscal year 2022 for the use of the Armed Forces and other
8 activities and agencies of the Department of Defense for
9 expenses, not otherwise provided for, for operation and
10 maintenance, as specified in the funding table in section
11 4301.
12 SEC. 302. FUNDING FOR ARMY COMMUNITY SERVICES.
13 (a) INCREASE.—Notwithstanding the amounts set
14 forth in the funding tables in division D, the amount au-
15 thorized to be appropriated in section 301 for operation
16 and maintenance for Army base operations support, line
17 100, as specified in the corresponding funding table in sec-
18 tion 4301, for Army Community Services, line 110, is
19 hereby increased by $30,000,000.
20 (b) OFFSET.—Notwithstanding the amounts set forth
21 in the funding tables in division D, the amount authorized
22 to be appropriated in section 301 for operation and main-
23 tenance, Army, as specified in the corresponding funding
24 table in section 4301, for Army Administration, line 440,
25 is hereby reduced by $15,000,000.
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1 (c) OFFSET.—Notwithstanding the amounts set forth
2 in the funding tables in division D, the amount authorized
3 to be appropriated in section 301 for operation and main-
4 tenance, Army, as specified in the corresponding funding
5 table in section 4301, for Army Other Service Support,
6 line 480, is hereby reduced by $15,000,000.
7 SEC. 303. INCREASE IN FUNDING FOR CIVIL MILITARY PRO-
8 GRAMS.
9 (a) INCREASE.—Notwithstanding the amounts set
10 forth in the funding tables in division D, the amount au-
11 thorized to be appropriated for operation and mainte-
12 nance, Defense-wide, as specified in the corresponding
13 funding table in section 4301, for Civil Military Programs
14 is hereby increased by $35,281,000 (to be used in support
15 of the National Guard Youth Challenge Program).
16 (b) OFFSET.—Notwithstanding the amounts set forth
17 in the funding tables in division D, the amount authorized
18 to be appropriated in section 301 for Operation and Main-
19 tenance, Defense-wide, as specified in the corresponding
20 funding table in section 4301, for Office of Secretary of
21 Defense, Line 540, is hereby reduced by $35,281,000.
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1 Subtitle B—Energy and
2 Environment
3 SEC. 311. INCLUSION OF IMPACTS ON MILITARY INSTALLA-
4 TION RESILIENCE IN THE NATIONAL DE-
5 FENSE STRATEGY AND ASSOCIATED DOCU-
6 MENTS.
7 (a) NATIONAL DEFENSE STRATEGY AND DEFENSE
8 PLANNING GUIDANCE.—Section 113(g) of title 10, United
9 States Code, is amended—
10 (1) in paragraph (1)(B)—
11 (A) in clause (ii), by striking ‘‘actors,’’ and
12 inserting ‘‘actors, and the current or projected
13 threats to military installation resilience,’’; and
14 (B) by inserting after clause (ix), the fol-
15 lowing new clause:
16 ‘‘(x) Strategic goals to address or
17 mitigate the current and projected risks to
18 military installation resilience.’’.
19 (2) in paragraph (2)(A), in the matter pre-
20 ceding clause (i), by striking ‘‘priorities,’’ and insert-
21 ing ‘‘priorities, including priorities relating to the
22 current or projected risks to military installation re-
23 silience,’’.
24 (b) NATIONAL DEFENSE SUSTAINMENT AND LOGIS-
25 TICS REVIEW.—
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1 (1) IN GENERAL.—The first section 118a of
2 such title is amended—
3 (A) in subsection (a), by striking ‘‘capabili-
4 ties,’’ and inserting ‘‘capabilities, response to
5 risks to military installation resilience,’’;
6 (B) by redesignating such section, as
7 amended by subparagraph (A), as section 118b;
8 and
9 (C) by moving such section so as to appear
10 after section 118a.
11 (2) CLERICAL AND CONFORMING AMEND-
12 MENTS.—
13 (A) CLERICAL AMENDMENTS.—The table
14 of sections for chapter 2 of such title is amend-
15 ed—
16 (i) by striking the first item relating
17 to section 118a; and
18 (ii) by inserting after the item relating
19 to section 118a the following new item:
‘‘118b. National Defense Sustainment and Logistics Review.’’.
20 (B) CONFORMING AMENDMENT.—Section
21 314(c) of the William M. (Mac) Thornberry Na-
22 tional Defense Authorization Act for Fiscal
23 Year 2021 (Public Law 116–283) is amended
24 by striking ‘‘section 118a’’ and inserting ‘‘sec-
25 tion 118b’’.
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1 (c) CHAIRMAN’S RISK ASSESSMENT.—Section
2 153(b)(2)(B) of title 10, United States Code, is amended
3 by inserting after clause (vi) the following new clause:
4 ‘‘(vii) Identify and assess risk resulting
5 from, or likely to result from, current or pro-
6 jected effects on military installation resil-
7 ience.’’.
8 (d) STRATEGIC DECISIONS RELATING TO MILITARY
9 INSTALLATIONS.—The Secretary of each military depart-
10 ment, with respect to any installation under the jurisdic-
11 tion of that Secretary, and the Secretary of Defense, with
12 respect to any installation of the Department of Defense
13 that is not under the jurisdiction of the Secretary of a
14 military department, shall consider the risks associated
15 with military installation resilience when making any stra-
16 tegic decision relating to such installation, including where
17 to locate such installation and where to position equip-
18 ment, infrastructure, and other military assets on such in-
19 stallation.
20 (e) NATIONAL DEFENSE STRATEGY AND NATIONAL
21 MILITARY STRATEGY.—The Secretary of Defense, in co-
22 ordination with the heads of such other Federal agencies
23 as the Secretary determines appropriate, shall incorporate
24 the security implications of military installation resilience
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1 into the National Defense Strategy and the National Mili-
2 tary Strategy.
3 (f) NATIONAL SECURITY PLANNING DOCUMENTS.—
4 The Secretary of Defense and the Chairman of the Joint
5 Chiefs of Staff shall consider the security implications as-
6 sociated with military installation resilience in developing
7 the Defense Planning Guidance under section 113(g)(2)
8 of title 10, United States Code, the Risk Assessment of
9 the Chairman of the Joint Chiefs of Staff under section
10 153(b)(2) of such title, and other relevant strategy, plan-
11 ning, and programming documents and processes.
12 (g) CAMPAIGN PLANS OF COMBATANT COMMANDS.—
13 The Secretary of Defense shall ensure that the national
14 security implications associated with military installation
15 resilience are integrated into the campaign plans of the
16 combatant commands.
17 (h) REPORT ON SECURITY IMPLICATIONS ASSOCI-
18 ATED WITH MILITARY INSTALLATION RESILIENCE.—
19 (1) REPORT.—Not later than 90 days after the
20 date of the enactment of this Act, the Secretary of
21 Defense shall submit to the Committees on Armed
22 Services of the Senate and the House of Representa-
23 tives a report describing how the aspects of military
24 installation resilience have been incorporated into
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1 modeling, simulation, war-gaming, and other anal-
2 yses by the Department of Defense.
3 (2) FORM.—The report required by paragraph
4 (1) shall be submitted in unclassified form, but may
5 include a classified annex.
6 (i) ANNUAL REPORT ON READINESS IMPACTS OF
7 MILITARY INSTALLATION RESILIENCE ON MILITARY AS-
8 SETS AND CAPABILITIES.—
9 (1) IN GENERAL.—Not later than one year
10 after the date of the enactment of this Act, and an-
11 nually thereafter, the Secretary of Defense shall sub-
12 mit to the congressional defense committees a report
13 containing information (disaggregated by military
14 department) as follows:
15 (A) A description of the effects on military
16 readiness, and an estimate of the financial costs
17 to the Department of Defense, reasonably at-
18 tributed to adverse impacts to military installa-
19 tion resilience during the year preceding the
20 submission of the report, including loss of or
21 damage to military networks, systems, installa-
22 tions, facilities, and other assets and capabili-
23 ties of the Department; and
24 (B) An assessment of vulnerabilities to
25 military installation resilience.
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1 (2) USE OF ASSESSMENT TOOL.—The Secretary
2 shall use the Climate Vulnerability and Risk Assess-
3 ment Tool of the Department (or such successor
4 tool) in preparing each report under paragraph (1).
5 (j) DEFINITIONS.—In this section:
6 (1) The term ‘‘military installation resilience’’
7 has the meaning given that term in section 101(e)
8 of title 10, United States Code.
9 (2) The term ‘‘National Defense Strategy’’
10 means the national defense strategy under section
11 113(g)(1) of such title.
12 (3) The term ‘‘National Military Strategy’’
13 means the national military strategy under section
14 153(b) of such title.
15 SEC. 312. MODIFICATION OF AUTHORITIES GOVERNING
16 CULTURAL AND CONSERVATION ACTIVITIES
17 OF THE DEPARTMENT OF DEFENSE.
18 (a) IN GENERAL.—Section 2694 of title 10, United
19 States Code, is amended—
20 (1) in subsection (b)—
21 (A) in paragraph (1)—
22 (i) in subparagraph (A), by inserting
23 ‘‘or Sentinel Landscape’’ after ‘‘military
24 department’’; and
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1 (ii) in subparagraph (B), by inserting
2 ‘‘or that would contribute to maintaining
3 or improving military installation resil-
4 ience’’ after ‘‘military operations’’;
5 (B) in paragraph (2)—
6 (i) in subparagraph (A), by inserting
7 ‘‘or nature-based climate resilience plans’’
8 after ‘‘land management plans’’; and
9 (ii) by amending subparagraph (F) to
10 read as follows:
11 ‘‘(F) The implementation of ecosystem-wide
12 land management plans—
13 ‘‘(i) for a single ecosystem that—
14 ‘‘(I) encompasses at least two non-
15 contiguous military installations, if those
16 military installations are not all under the
17 administrative jurisdiction of the same
18 Secretary of a military department; and
19 ‘‘(II) provides synergistic benefits un-
20 available if the installations acted sepa-
21 rately; or
22 ‘‘(ii) for one or more ecosystems within a
23 designated Sentinel Landscape.’’; and
24 (2) by adding at the end the following new sub-
25 section:
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1 ‘‘(e) DEFINITION OF SENTINEL LANDSCAPE.—In
2 this section, the term ‘Sentinel Landscape’ means a land-
3 scape-scale area encompassing—
4 ‘‘(1) one or more military installations or State-
5 owned National Guard installations and associated
6 airspace; and
7 ‘‘(2) the working or natural lands that serve to
8 protect and support the rural economy, the natural
9 environment, outdoor recreation, and the national
10 defense test and training missions of the military or
11 State-owned National Guard installation or installa-
12 tions.’’.
13 (b) PRESERVATION OF SENTINEL LANDSCAPES.—
14 Section 317 of the National Defense Authorization Act for
15 Fiscal Year 2018 (10 U.S.C. 2684a note) is amended—
16 (1) in subsection (c)—
17 (A) by inserting ‘‘resilience,’’ after ‘‘mu-
18 tual benefit of conservation,’’;
19 (B) by inserting ‘‘, resilience,’’ after ‘‘vol-
20 untary land management’’; and
21 (C) by adding at the end the following new
22 sentence: ‘‘The Secretary of Defense shall in-
23 clude information concerning the activities
24 taken pursuant to the Sentinel Landscapes
25 Partnership in the annual report to Congress
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1 submitted pursuant to section 2684a(g) of title
2 10, United States Code.’’;
3 (2) in subsection (d), in the second sentence, by
4 inserting ‘‘by an eligible landowner or agricultural
5 producer’’ after ‘‘Participation’’;
6 (3) by redesignating subsection (e) as sub-
7 section (f);
8 (4) by inserting after subsection (d) the fol-
9 lowing new subsection (e):
10 ‘‘(e) PARTICIPATION BY OTHER AGENCIES.—To the
11 extent practicable, the Secretary of Defense shall seek the
12 participation of other Federal agencies in the Sentinel
13 Landscape Partnership and encourage such agencies to
14 become full partners in the Partnership.’’; and
15 (5) in subsection (f), by adding at the end the
16 following new paragraph:
17 ‘‘(4) RESILIENCE.—The term ‘resilience’ means
18 the capability to avoid, prepare for, minimize the ef-
19 fect of, adapt to, and recover from extreme weather
20 events, flooding, wildfires, or other anticipated or
21 unanticipated changes in environmental conditions.’’.
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1 SEC. 313. MODIFICATION OF AUTHORITY FOR ENVIRON-
2 MENTAL RESTORATION PROJECTS OF NA-
3 TIONAL GUARD.
4 Section 2707(e)(1) of title 10, United States Code,
5 is amended by striking ‘‘in response to perfluorooctanoic
6 acid or perfluorooctane sulfonate contamination under this
7 chapter or CERCLA’’.
8 SEC. 314. PROHIBITION ON USE OF OPEN-AIR BURN PITS IN
9 CONTINGENCY OPERATIONS OUTSIDE THE
10 UNITED STATES.
11 (a) IN GENERAL.—Chapter 160 of title 10, United
12 States Code, is amended by adding at the end the fol-
13 lowing new section:
14 ‘‘§ 2714. Prohibition on use of open-air burn pits
15 ‘‘(a) IN GENERAL.—Except as provided in subsection
16 (b), beginning on January 1, 2023, the disposal of covered
17 waste by the Department of Defense in an open-air burn
18 pit located outside of the United States during a contin-
19 gency operation is prohibited.
20 ‘‘(b) WAIVER.—The President may exempt a location
21 from the prohibition under subsection (a) if the President
22 determines such an exemption is in the paramount interest
23 of the United States.
24 ‘‘(c) REPORT.—(1) Not later than 30 days after
25 granting an exemption under subsection (b) with respect
26 to the use of an open-air burn pit at a location, the Presi-
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1 dent shall submit to Congress a written report that identi-
2 fies—
3 ‘‘(A) the location of the open-air burn pit;
4 ‘‘(B) the number of personnel of the United
5 States assigned to the location where the open-air
6 burn pit is being used;
7 ‘‘(C) the size and expected duration of use of
8 the open-air burn pit;
9 ‘‘(D) the personal protective equipment or other
10 health risk mitigation efforts that will be used by
11 members of the armed forces when airborne hazards
12 are present, including how such equipment will be
13 provided when required; and
14 ‘‘(E) the need for the open-air burn pit and ra-
15 tionale for granting the exemption.
16 ‘‘(2) A report submitted under paragraph (1) shall
17 be submitted in unclassified form, but may include a clas-
18 sified annex.
19 ‘‘(d) DEFINITION OF COVERED WASTE.—In this sec-
20 tion, the term ‘covered waste’ includes—
21 ‘‘(1) hazardous waste, as defined by section
22 1004(5) of the Solid Waste Disposal Act (42 U.S.C.
23 6903(5));
24 ‘‘(2) medical waste;
25 ‘‘(3) tires;
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1 ‘‘(4) treated wood;
2 ‘‘(5) batteries;
3 ‘‘(6) plastics, except insignificant amounts of
4 plastic remaining after a good-faith effort to remove
5 or recover plastic materials from the solid waste
6 stream;
7 ‘‘(7) munitions and explosives, except when dis-
8 posed of in compliance with guidance on the destruc-
9 tion of munitions and explosives contained in the
10 Department of Defense Ammunition and Explosives
11 Safety Standards, DoD Manual 6055.09-M;
12 ‘‘(8) compressed gas cylinders, unless empty
13 with valves removed;
14 ‘‘(9) fuel containers, unless completely evacu-
15 ated of its contents;
16 ‘‘(10) aerosol cans;
17 ‘‘(11) polychlorinated biphenyls;
18 ‘‘(12) petroleum, oils, and lubricants products
19 (other than waste fuel for initial combustion);
20 ‘‘(13) asbestos;
21 ‘‘(14) mercury;
22 ‘‘(15) foam tent material;
23 ‘‘(16) any item containing any of the materials
24 referred to in a preceding paragraph; and
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1 ‘‘(17) other waste as designated by the Sec-
2 retary.’’.
3 (b) CLERICAL AMENDMENT.—The table of sections
4 at the beginning of such chapter is amended by adding
5 at the end the following new item:
‘‘2714. Prohibition on use of open-air burn pits.’’.
6 (c) CONFORMING REPEAL.—Effective January 1,
7 2023, section 317 of the National Defense Authorization
8 Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C.
9 2701 note) is repealed.
10 SEC. 315. MAINTENANCE OF CURRENT ANALYTICAL TOOLS
11 FOR EVALUATION OF ENERGY RESILIENCE
12 MEASURES.
13 (a) IN GENERAL.—Section 2911 of title 10, United
14 States Code, is amended by adding at the end the fol-
15 lowing new subsection:
16 ‘‘(i) ANALYTICAL TOOLS FOR EVALUATION OF EN-
17 ERGY RESILIENCE MEASURES.—(1) The Secretary of De-
18 fense shall develop and implement a process to ensure that
19 the Department of Defense, in the evaluation of energy
20 resilience measures on military installations, uses analyt-
21 ical tools that are accurate and effective in projecting the
22 costs and performance of such measures.
23 ‘‘(2) Analytical tools specified in paragraph (1) shall
24 be—
25 ‘‘(A) designed to—
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1 ‘‘(i) provide an accurate projection of the
2 costs and performance of the energy resilience
3 measure being analyzed;
4 ‘‘(ii) be used without specialized training;
5 and
6 ‘‘(iii) produce resulting data that is under-
7 standable and usable by the typical source se-
8 lection official;
9 ‘‘(B) consistent with standards and analytical
10 tools commonly applied by the Department of En-
11 ergy and by commercial industry;
12 ‘‘(C) adaptable to accommodate a rapidly
13 changing technological environment;
14 ‘‘(D) peer-reviewed for quality and precision
15 and measured against the highest level of develop-
16 ment for such tools; and
17 ‘‘(E) periodically reviewed and updated, but not
18 less frequently than once every three years.’’.
19 (b) REPORT.—Not later than September 30, 2022,
20 the Secretary of Defense shall submit to the Committees
21 on Armed Services of the House of Representatives and
22 the Senate a report on the implementation of the require-
23 ments under section 2911(i) of title 10, United States
24 Code, as added by subsection (a).
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1 SEC. 316. ENERGY EFFICIENCY TARGETS FOR DEPART-
2 MENT OF DEFENSE DATA CENTERS.
3 (a) ENERGY EFFICIENCY TARGETS FOR DATA CEN-
4 TERS.—
5 (1) IN GENERAL.—Subchapter I of chapter 173
6 of title 10, United States Code, is amended by add-
7 ing at the end the following new section:
8 ‘‘§ 2921. Energy efficiency targets for data centers
9 ‘‘(a) COVERED DATA CENTERS.—(1) For each cov-
10 ered data center, the Secretary shall—
11 ‘‘(A) develop a power usage effectiveness target
12 for the data center, based on location, resiliency, in-
13 dustry standards, and best practices;
14 ‘‘(B) develop a water usage effectiveness target
15 for the data center, based on location, resiliency, in-
16 dustry standards, and best practices;
17 ‘‘(C) develop other energy efficiency or water
18 usage targets for the data center based on industry
19 standards and best practices, as applicable to meet
20 energy efficiency and resiliency goals;
21 ‘‘(D) identify potential renewable or clean en-
22 ergy resources, or related technologies such as ad-
23 vanced battery storage capacity, to enhance resil-
24 iency at the data center, including potential renew-
25 able or clean energy purchase targets based on the
26 location of the data center; and
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1 ‘‘(E) identify any statutory, regulatory, or pol-
2 icy barriers to meeting any target under any of sub-
3 paragraphs (A) through (C).
4 ‘‘(2) In this subsection, the term ‘covered data center’
5 means a data center of the Department that—
6 ‘‘(A) is one of the 50 data centers of the De-
7 partment with the highest annual power usage rates;
8 and
9 ‘‘(B) has been established before the date of the
10 enactment of this section.
11 ‘‘(b) NEW DATA CENTERS.—(1) Except as provided
12 in paragraph (2), in the case of any Department data cen-
13 ter established on or after the date of the enactment of
14 this section, the Secretary shall establish energy, water
15 usage, and resiliency-related standards that the data cen-
16 ter shall be required to meet based on location, resiliency,
17 industry standards, and best practices. Such standards
18 shall include—
19 ‘‘(A) power usage effectiveness standards;
20 ‘‘(B) water usage effectiveness standards; and
21 ‘‘(C) any other energy or resiliency standards
22 the Secretary determines are appropriate.
23 ‘‘(2) The Secretary may waive the requirement for
24 a Department data center established on or after the date
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1 of the enactment of this section to meet the standards es-
2 tablished under paragraph (1) if the Secretary—
3 ‘‘(A) determines that such waiver is in the na-
4 tional security interest of the United States; and
5 ‘‘(B) submits to the Committee on Armed Serv-
6 ices of the House of Representatives notice of such
7 waiver and the reasons for such waiver.’’.
8 (2) CLERICAL AMENDMENT.—The table of sec-
9 tions at the beginning of such subchapter is amend-
10 ed by inserting after the item relating to section
11 2920 the following new item:
‘‘2921. Energy efficiency targets for data centers.’’.
12 (b) INVENTORY OF DATA FACILITIES.—
13 (1) INVENTORY REQUIRED.—By not later than
14 180 days after the date of the enactment of this Act,
15 the Secretary of Defense shall conduct an inventory
16 of all data centers owned or operated by the Depart-
17 ment of Defense. Such survey shall include the fol-
18 lowing:
19 (A) A list of data centers owned or oper-
20 ated by the Department of Defense.
21 (B) For each such data center, the earlier
22 of the following dates:
23 (i) The date on which the data center
24 was established.
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1 (ii) The date of the most recent cap-
2 ital investment in new power, cooling, or
3 compute infrastructure at the data center.
4 (C) The total average annual power use, in
5 kilowatts, for each such data center.
6 (D) The number of data centers that
7 measure power usage effectiveness (hereinafter
8 in this section referred to as ‘‘PUE’’) and for
9 each such data center, the PUE for the center.
10 (E) The number of data centers that
11 measure water usage effectiveness (hereinafter
12 in this section ‘‘WUE’’) and, for each such data
13 center, the WUE for the center.
14 (F) A description of any other existing en-
15 ergy efficiency or efficient water usage metrics
16 used by any data center and the applicable
17 measurements for any such center.
18 (G) An assessment of the facility resiliency
19 of each data center, including redundant power
20 and cooling facility infrastructure.
21 (H) Any other matters the Secretary deter-
22 mines are relevant.
23 (2) DATA CENTER DEFINED.—In this section,
24 the term ‘‘data center’’ has the meaning given such
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1 term in the most recent Integrated Data Collection
2 guidance of the Office of Management and Budget.
3 (c) REPORT.—Not later than 180 days after the com-
4 pletion of the inventory required under subsection (b), the
5 Secretary of Defense shall submit to the Committee on
6 Armed Services of the House of Representatives a report
7 on the inventory and the energy assessment targets under
8 section 2921(a) of title 10, United States Code, as added
9 by subsection (a). Such report shall include each of the
10 following:
11 (1) A timeline of necessary actions required to
12 meet the energy assessment targets for covered data
13 centers.
14 (2) The estimated costs associated with meeting
15 such targets.
16 (3) An assessment of the business case for
17 meeting such targets, including any estimated sav-
18 ings in operational energy and water costs and esti-
19 mated reduction in energy and water usage if the
20 targets are met.
21 (4) An analysis of any statutory, regulatory, or
22 policy barriers to meeting such targets identified
23 pursuant to section 2921(a)(E) of title 10, United
24 States Code, as added by subsection (a).
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1 SEC. 317. MODIFICATION OF RESTRICTION ON DEPART-
2 MENT OF DEFENSE PROCUREMENT OF CER-
3 TAIN ITEMS CONTAINING
4 PERFLUOROOCTANE SULFONATE OR
5 PERFLUOROOCTANOIC ACID.
6 Section 333 of the William M. (Mac) Thornberry Na-
7 tional Defense Authorization Act for Fiscal Year 2021
8 (Public Law 116–283) is amended—
9 (1) in the section heading—
10 (A) by inserting ‘‘OR PURCHASE’’ after
11 ‘‘PROCUREMENT’’; and
12 (B) by striking ‘‘PERFLUOROOCTANE
13 SULFONATE OR PERFLUOROOCTANOIC
14 ACID’’ and inserting ‘‘PERFLUOROALKYL
15 SUBSTANCES OR POLYFLUOROALKYL SUB-
16 STANCES’’;
17 (2) in subsection (a), by striking
18 ‘‘perfluorooctane sulfonate (PFOS) or
19 perfluorooctanoic acid (PFOA)’’ and inserting ‘‘any
20 perfluoroalkyl substance or polyfluoroalkyl sub-
21 stance’’; and
22 (3) by striking subsection (b) and inserting the
23 following new subsection (b):
24 ‘‘(b) DEFINITIONS.—In this section:
25 ‘‘(1) The term ‘covered item’ means—
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1 ‘‘(A) nonstick cookware or cooking utensils
2 for use in galleys or dining facilities;
3 ‘‘(B) upholstered furniture, carpets, and
4 rugs that have been treated with stain-resistant
5 coatings;
6 ‘‘(C) food packaging materials;
7 ‘‘(D) furniture or floor waxes;
8 ‘‘(E) sunscreen;
9 ‘‘(F) umbrellas, luggage, or bags;
10 ‘‘(G) car wax and car window treatments;
11 ‘‘(H) cleaning products; and
12 ‘‘(I) shoes and clothing for which treat-
13 ment with a perfluoroalkyl substance or
14 polyfluoroalkyl substance is not necessary for
15 an essential function.
16 ‘‘(2) The term ‘perfluoroalkyl substance’ means
17 a man-made chemical of which all of the carbon
18 atoms are fully fluorinated carbon atoms.
19 ‘‘(3) The term ‘polyfluoroalkyl substance’
20 means a man-made chemical containing at least one
21 fully fluorinated carbon atom and at least one
22 nonfluorinated carbon atom.’’.
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1 SEC. 318. TEMPORARY MORATORIUM ON INCINERATION BY
2 DEPARTMENT OF DEFENSE OF
3 PERFLUOROALKYL SUBSTANCES,
4 POLYFLUOROALKYL SUBSTANCES, AND
5 AQUEOUS FILM FORMING FOAM.
6 (a) TEMPORARY MORATORIUM.—Beginning not later
7 than 90 days after the date of the enactment of this Act,
8 the Secretary of Defense shall prohibit the incineration of
9 covered materials until the earlier of the following:
10 (1) The date on which the Secretary submits to
11 Committees on Armed Services of the House of Rep-
12 resentatives and the Senate a certification that the
13 Secretary is implementing the interim guidance on
14 the destruction and disposal of PFAS and materials
15 containing PFAS published by the Administrator of
16 the Environmental Protection Agency under section
17 7361 of the National Defense Authorization Act for
18 Fiscal Year 2020 (15 U.S.C. 8961) and complying
19 with section 330 of the National Defense Authoriza-
20 tion Act for Fiscal Year 2020 (Public Law 116–92;
21 10 U.S.C. 2701 note).
22 (2) The date on which the Administrator of the
23 Environmental Protection Agency publishes in the
24 Federal Register a final rule regarding the destruc-
25 tion and disposal of such materials pursuant to such
26 section.
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1 (b) REQUIRED ADOPTION OF FINAL RULE.—Upon
2 publication of the final rule specified in subsection (a)(2),
3 the Secretary shall adopt such final rule, regardless of
4 whether the Secretary previously implemented the interim
5 guidance specified in subsection (a)(1).
6 (c) REPORT.—Not later than one year after the en-
7 actment of this Act, and annually thereafter for three
8 years, the Secretary shall submit to the Administrator and
9 the Committees on Armed Services of the Senate and
10 House of Representatives a report on all incineration by
11 the Department of Defense of covered materials during
12 the year covered by the report, including—
13 (1) the total amount of covered materials incin-
14 erated;
15 (2) the temperature range at which the covered
16 materials were incinerated;
17 (3) the locations and facilities where the cov-
18 ered materials were incinerated;
19 (4) details on actions taken by the Department
20 of Defense to comply with section 330 of the Na-
21 tional Defense Authorization Act for Fiscal Year
22 2020; and
23 (5) recommendations for the safe storage of
24 PFAS and PFAS-containing materials until identi-
25 fied uncertainties are addressed and appropriate de-
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1 struction and disposal technologies can be rec-
2 ommended.
3 (d) SCOPE.—The prohibition in subsection (a) and
4 reporting requirements in subsection (c) shall apply not
5 only to materials sent directly by the Department of De-
6 fense to an incinerator, but also to materials sent to an-
7 other entity or entities, including any waste processing fa-
8 cility, subcontractor, or fuel blending facility.
9 (e) DEFINITIONS.—In this section:
10 (1) The term ‘‘AFFF’’ means aqueous film
11 forming foam.
12 (2) The term ‘‘covered material’’ means any
13 AFFF formulation containing PFAS, material con-
14 taminated by AFFF release, or spent filter or other
15 PFAS-contaminated material resulting from site re-
16 mediation or water filtration that—
17 (A) has been used by the Department of
18 Defense or a military department;
19 (B) is being discarded for disposal by the
20 Department of Defense or a military depart-
21 ment; or
22 (C) is being removed from sites or facilities
23 owned or operated by the Department of De-
24 fense.
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1 (3) The term ‘‘PFAS’’ means per- or
2 polyfluoroalkyl substances.
3 SEC. 319. PUBLIC DISCLOSURE OF RESULTS OF DEPART-
4 MENT OF DEFENSE TESTING OF WATER FOR
5 PERFLUOROALKYL OR POLYFLUOROALKYL
6 SUBSTANCES OR LEAD.
7 (a) PUBLIC DISCLOSURE OF PFAS AND LEAD TEST-
8 ING OF WATER.—
9 (1) IN GENERAL.—Except as provided in para-
10 graph (2), not later than 10 days after the receipt
11 of a validated result of testing water for
12 perfluoroalkyl or polyfluoroalkyl substances (com-
13 monly referred to as ‘‘PFAS’’) or for lead in a cov-
14 ered area, the Secretary of Defense shall publicly
15 disclose such validated result, including—
16 (A) the results of all such testing con-
17 ducted in the covered area by the Department
18 of Defense; and
19 (B) the results of all such testing con-
20 ducted in the covered area by a non-Depart-
21 ment entity (including any Federal agency and
22 any public or private entity) under a contract,
23 or pursuant to an agreement, with the Depart-
24 ment of Defense.
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1 (2) CONSENT BY PRIVATE PROPERTY OWN-
2 ERS.—The Secretary of Defense may not publicly
3 disclose the results of testing for perfluoroalkyl or
4 polyfluoroalkyl substances or lead conducted on pri-
5 vate property without the consent of the property
6 owner.
7 (b) PUBLIC DISCLOSURE OF PLANNED TESTING OF
8 WATER.—Not later than 180 days after the date of the
9 enactment of the Act, and every 90 days thereafter, the
10 Secretary of Defense shall publicly disclose the anticipated
11 timeline for, and general location of, any planned testing
12 for perfluoroalkyl or polyfluoroalkyl substances or lead
13 proposed to be conducted in a covered area, including—
14 (1) all such testing to be conducted by the De-
15 partment of Defense; and
16 (2) all such testing to be conducted by a non-
17 Department entity (including any Federal agency
18 and any public or private entity) under a contract,
19 or pursuant to an agreement, with the Department.
20 (c) NATURE OF DISCLOSURE.—The Secretary of De-
21 fense may satisfy the disclosure requirements under sub-
22 sections (a) and (b) by publishing the results and informa-
23 tion referred to in such subsections—
24 (1) on the publicly available website established
25 under section 331(b) of the National Defense Au-
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1 thorization Act for Fiscal Year 2020 (Public Law
2 116–92; 10 U.S.C 2701 note);
3 (2) on another publicly available website of the
4 Department of Defense; or
5 (3) in the Federal Register.
6 (d) LOCAL NOTIFICATION.—Prior to conducting any
7 testing of water for perfluoroalkyl or polyfluoroalkyl sub-
8 stances or lead, including any testing which has not been
9 planned or publicly disclosed pursuant to subsection (b),
10 the Secretary of Defense shall provide notice of the testing
11 to—
12 (1) the managers of the public water system
13 serving the covered area where such testing is to
14 occur;
15 (2) the heads of the municipal government serv-
16 ing the covered area where such testing is to occur;
17 and
18 (3) as applicable, the members of the restora-
19 tion advisory board for the military installation
20 where such testing is to occur.
21 (e) METHODS FOR TESTING.—In testing water for
22 perfluoroalkyl or polyfluoroalkyl substances or lead, the
23 Secretary of Defense shall adhere to methods for meas-
24 uring the amount of such substances in drinking water
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1 that have been validated by the Administrator of the Envi-
2 ronmental Protection Agency.
3 (f) DEFINITIONS.—In this section:
4 (1) The term ‘‘covered area’’ means an area in
5 the United States that is located immediately adja-
6 cent to and down gradient from a military installa-
7 tion, a formerly used defense site, or a facility where
8 military activities are conducted by the National
9 Guard of a State pursuant to section 2707(e) of title
10 10, United States Code.
11 (2) The term ‘‘formerly used defense site’’
12 means any site formerly used by the Department of
13 Defense or National Guard eligible for environ-
14 mental restoration by the Secretary of Defense fund-
15 ed under the ‘‘Environmental Restoration Account,
16 Formerly Used Defense Sites’’ account established
17 under section 2703(a)(5) of title 10, United States
18 Code.
19 (3) The term ‘‘military installation’’ has the
20 meaning given such term in section 2801(c)(4) of
21 title 10, United States Code.
22 (4) The term ‘‘perfluoroalkyl or polyfluoroalkyl
23 substance’’ means any man-made chemical with at
24 least one fully fluorinated carbon atom.
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1 (5) The term ‘‘public water system’’ has the
2 meaning given such term under section 1401(4) of
3 the Safe Drinking Water Act (42 U.S.C. 300f(4)).
4 (6) The term ‘‘restoration advisory board’’
5 means a restoration advisory board established pur-
6 suant to section 2705(d) of title 10, United States
7 Code.
8 SEC. 320. PFAS TESTING REQUIREMENTS.
9 Not later than two years after the date of the enact-
10 ment of this Act, the Secretary of Defense shall complete
11 a preliminary assessment and site inspection for PFAS,
12 including testing for PFAS, at all military installations,
13 formerly used defense sites, and State-owned facilities of
14 the National Guard in the United States that have been
15 identified by the Secretary as of the date of the enactment
16 of the Act.
17 SEC. 321. STANDARDS FOR RESPONSE ACTIONS WITH RE-
18 SPECT TO PFAS CONTAMINATION.
19 (a) IN GENERAL.—In conducting a response action
20 to address perfluoroalkyl or polyfluoroalkyl substance con-
21 tamination from Department of Defense or National
22 Guard activities, the Secretary of Defense shall conduct
23 such actions to achieve a level of such substances in the
24 environmental media that meets or exceeds the most strin-
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1 gent of the following standards for each applicable covered
2 PFAS substance in any environmental media:
3 (1) A State standard, in effect in the State in
4 which the response action is being conducted, as de-
5 scribed in section 121(d)(2)(A)(ii) of the Com-
6 prehensive Environmental Response, Compensation,
7 and Liability Act of 1980 (42 U.S.C.
8 9621(d)(2)(A)(ii)).
9 (2) A Federal standard, as described in section
10 121(d)(2)(A)(i) of the Comprehensive Environmental
11 Response, Compensation, and Liability Act of 1980
12 (42 U.S.C. 9621(d)(2)(A)(i)).
13 (3) A health advisory under section
14 1412(b)(1)(F) of the Safe Drinking Water Act (42
15 U.S.C. 300g–1(b)(1)(F)).
16 (b) DEFINITIONS.—In this section:
17 (1) The term ‘‘covered PFAS substance’’ means
18 any of the following:
19 (A) Perfluorononanoic acid (PFNA).
20 (B) Perfluorooctanoic acid (PFOA).
21 (C) Perfluorohexanoic acid (PFHxA).
22 (D) Perfluorooctane sulfonic acid (PFOS).
23 (E) Perfluorohexane sulfonate (PFHxS).
24 (F) Perfluorobutane sulfonic acid (PFBS).
25 (G) GenX.
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1 (2) The term ‘‘response action’’ means an ac-
2 tion taken pursuant to section 104 of the Com-
3 prehensive Environmental Response, Compensation,
4 and Liability Act of 1980 (42 U.S.C. 9601).
5 (c) SAVINGS CLAUSE.—Except with respect to the
6 specific level required to be met under subsection (a),
7 nothing in this section affects the application of the Com-
8 prehensive Environmental Response, Compensation, and
9 Liability Act of 1980 (42 U.S.C. 9607).
10 SEC. 322. REVIEW AND GUIDANCE RELATING TO PREVEN-
11 TION AND MITIGATION OF SPILLS OF AQUE-
12 OUS FILM-FORMING FOAM.
13 (a) REVIEW REQUIRED.—Not later than 180 days of
14 after the date of the enactment of this Act, the Secretary
15 of Defense shall complete a review of the efforts of the
16 Department of Defense to prevent or mitigate spills of
17 aqueous film-forming foam (in this section referred to as
18 ‘‘AFFF’’). Such review shall assess the following:
19 (1) The preventative maintenance guidelines for
20 fire trucks of the Department and fire suppression
21 systems in buildings of the Department, to mitigate
22 the risk of equipment failure that may result in a
23 spill of AFFF.
24 (2) Any requirements for the use of personal
25 protective equipment by personnel when conducting
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1 a material transfer or maintenance activity of the
2 Department that may result in a spill of AFFF, or
3 when conducting remediation activities for such a
4 spill, including requirements for side-shield safety
5 glasses, latex gloves, and respiratory protection
6 equipment.
7 (3) The methods by which the Secretary en-
8 sures compliance with guidance specified in material
9 safety data sheets with respect to the use of such
10 personal protective equipment.
11 (b) GUIDANCE.—Not later than 90 days after the
12 date on which the Secretary completes the review under
13 subsection (a), the Secretary shall issue guidance on the
14 prevention and mitigation of spills of AFFF based on the
15 results of such review that includes, at a minimum, best
16 practices and recommended requirements to ensure the
17 following:
18 (1) The supervision by personnel trained in re-
19 sponding to spills of AFFF of each material transfer
20 or maintenance activity of the Department of De-
21 fense that may result in such a spill.
22 (2) The use of containment berms and the cov-
23 ering of storm drains and catch basins by personnel
24 performing maintenance activities for the Depart-
25 ment in the vicinity of such drains or basins.
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1 (3) The storage of materials for the cleanup
2 and containment of AFFF in close proximity to fire
3 suppression systems in buildings of the Department
4 and the presence of such materials during any trans-
5 fer or activity specified in paragraph (1).
6 (c) BRIEFING.—Not later than 30 days after the date
7 on which the Secretary issues the guidance under sub-
8 section (b), the Secretary shall provide to the congres-
9 sional defense committees a briefing that summarizes the
10 results of the review conducted under subsection (a) and
11 the guidance issued under subsection (b).
12 SEC. 323. BUDGET INFORMATION FOR ALTERNATIVES TO
13 BURN PITS.
14 The Secretary of Defense shall include in the budget
15 submission of the President under section 1105(a) of title
16 31, United States Code, for fiscal year 2022 a dedicated
17 budget line item for incinerators and waste-to-energy
18 waste disposal alternatives to burn pits.
19 SEC. 324. ESTABLISHMENT OF EMISSIONS CONTROL
20 STANDARD OPERATING PROCEDURES.
21 (a) REVIEW.—Not later than 180 days after the date
22 of the enactment of this Act, the Secretary of Defense
23 shall conduct a review of current electromagnetic spectrum
24 emissions control standard operating procedures across
25 the joint force.
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1 (b) STANDARDS REQUIRED.—Not later than 60 days
2 after completing the review under subsection (a), the Sec-
3 retary of Defense shall direct the Secretary of each of the
4 military departments to establish standard operating pro-
5 cedures, down to the battalion or equivalent level, per-
6 taining to emissions control discipline during all manner
7 of operations.
8 (c) REPORT.—Not later than one year after the date
9 of the enactment of this Act, the Secretary of Defense
10 shall submit to the Committees on Armed Services of the
11 Senate and House of Representatives a report on the im-
12 plementation status of the standards required under sub-
13 section (b) by each of the military departments, includ-
14 ing—
15 (1) incorporation into doctrine of the military
16 departments;
17 (2) integration into training of the military de-
18 partments; and
19 (3) efforts to coordinate with the militaries of
20 partner countries and allies to develop similar stand-
21 ards and associated protocols, including through the
22 use of working groups.
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1 SEC. 325. LONG-DURATION DEMONSTRATION INITIATIVE
2 AND JOINT PROGRAM.
3 (a) ESTABLISHMENT OF INITIATIVE.—Not later than
4 March 1, 2022, the Secretary of Defense shall establish
5 a demonstration initiative composed of demonstration
6 projects focused on the development of long-duration en-
7 ergy storage technologies.
8 (b) SELECTION OF PROJECTS.—To the maximum ex-
9 tent practicable, in selecting demonstration projects to
10 participate in the demonstration initiative under sub-
11 section (a), the Secretary of Defense shall—
12 (1) ensure a range of technology types;
13 (2) ensure regional diversity among projects;
14 and
15 (3) consider bulk power level, distribution power
16 level, behind-the-meter, microgrid (grid-connected or
17 islanded mode), and off-grid applications.
18 (c) JOINT PROGRAM.—
19 (1) ESTABLISHMENT.—As part of the dem-
20 onstration initiative under subsection (a), the Sec-
21 retary of Defense, in consultation with the Secretary
22 of Energy, shall establish within the Department of
23 Defense a joint program to carry out projects—
24 (A) to demonstrate promising long-dura-
25 tion energy storage technologies at different
26 scales to promote energy resiliency; and
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1 (B) to help new, innovative long-duration
2 energy storage technologies become commer-
3 cially viable.
4 (2) MEMORANDUM OF UNDERSTANDING.—Not
5 later than 180 days after the date of the enactment
6 of this Act, the Secretary of Defense shall enter into
7 a memorandum of understanding with the Secretary
8 of Energy to administer the joint program.
9 (3) INFRASTRUCTURE.—In carrying out the
10 joint program, the Secretary of Defense and the Sec-
11 retary of Energy shall—
12 (A) use existing test-bed infrastructure
13 at—
14 (i) installations of the Department of
15 Defense; and
16 (ii) facilities of the Department of En-
17 ergy; and
18 (B) develop new infrastructure for identi-
19 fied projects, if appropriate.
20 (4) GOALS AND METRICS.—The Secretary of
21 Defense and the Secretary of Energy shall develop
22 goals and metrics for technological progress under
23 the joint program consistent with energy resilience
24 and energy security policies.
25 (5) SELECTION OF PROJECTS.—
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1 (A) IN GENERAL.—To the maximum ex-
2 tent practicable, in selecting projects to partici-
3 pate in the joint program, the Secretary of De-
4 fense and the Secretary of Energy may—
5 (i) ensure that projects are carried
6 out under conditions that represent a vari-
7 ety of environments with different physical
8 conditions and market constraints; and
9 (ii) ensure an appropriate balance
10 of—
11 (I) larger, operationally-scaled
12 projects, adapting commercially-prov-
13 en technology that meets military
14 service defined requirements; and
15 (II) smaller, lower-cost projects.
16 (B) PRIORITY.—In carrying out the joint
17 program, the Secretary of Defense and the Sec-
18 retary of Energy shall give priority to dem-
19 onstration projects that—
20 (i) make available to the public
21 project information that will accelerate de-
22 ployment of long-duration energy storage
23 technologies that promote energy resil-
24 iency; and
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1 (ii) will be carried out as field dem-
2 onstrations fully integrated into the instal-
3 lation grid at an operational scale.
4 SEC. 326. PILOT PROGRAM ON USE OF SUSTAINABLE AVIA-
5 TION FUEL.
6 (a) IN GENERAL.—The Secretary of Defense shall
7 conduct a pilot program at two or more geographically di-
8 verse Department of Defense facilities for the use of sus-
9 tainable aviation fuel. Such program shall be designed
10 to—
11 (1) identify any logistical challenges with re-
12 spect to the use of sustainable aviation fuel by the
13 Department of Defense;
14 (2) promote understanding of the technical and
15 performance characteristics of sustainable aviation
16 fuel when used in a military setting; and
17 (3) engage nearby commercial airports to ex-
18 plore opportunities and challenges to partner on in-
19 creased use of sustainable aviation fuel.
20 (b) SELECTION OF FACILITIES.—
21 (1) SELECTION.—Not later than one year after
22 the date of the enactment of this Act, the Secretary
23 of Defense shall select at least two geographically di-
24 verse Department facilities at which to carry out the
25 pilot program. At least one such facility shall be a
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1 facility with an onsite refinery that is located in
2 proximity to at least one major commercial airport
3 that is also actively seeking to increase the use of
4 sustainable aviation fuel.
5 (2) NOTICE TO CONGRESS.—Upon the selection
6 of each facility under paragraph (1), the Secretary
7 shall submit to the Committee on Armed Services
8 and the Committee on Transportation and Infra-
9 structure of the House of Representatives notice of
10 the selection, including an identification of the facil-
11 ity selected.
12 (c) USE OF SUSTAINABLE AVIATION FUEL.—
13 (1) PLANS.—For each facility selected under
14 subsection (b), not later than one year after the se-
15 lection of the facility, the Secretary shall—
16 (A) develop a plan on how to implement,
17 by September 30, 2028, a target of exclusively
18 using at the facility aviation fuel that is blended
19 to contain at least 10 percent sustainable avia-
20 tion fuel;
21 (B) submit the plan to the Committee on
22 Armed Services and the Committee on Trans-
23 portation and Infrastructure of the House of
24 Representatives; and
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1 (C) provide to such Committees a briefing
2 on the plan that includes, at a minimum—
3 (i) a description of any operational,
4 infrastructure, or logistical requirements
5 and recommendations for the blending and
6 use of sustainable aviation fuel; and
7 (ii) a description of any stakeholder
8 engagement in the development of the
9 plan, including any consultations with
10 nearby commercial airport owners or oper-
11 ators.
12 (2) IMPLEMENTATION OF PLANS.—For each fa-
13 cility selected under subsection (b), during the pe-
14 riod beginning on a date that is not later than Sep-
15 tember 30, 2028, and for five years thereafter, the
16 Secretary shall require, in accordance with the re-
17 spective plan developed under paragraph (1), the ex-
18 clusive use at the facility of aviation fuel that is
19 blended to contain at least 10 percent sustainable
20 aviation fuel.
21 (d) CRITERIA FOR SUSTAINABLE AVIATION FUEL.—
22 Sustainable aviation fuel used under the pilot program
23 shall meet the following criteria:
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1 (1) Such fuel shall be produced in the United
2 States from non-agricultural and non-food-based do-
3 mestic feedstock sources.
4 (2) Such fuel shall constitute drop-in fuel that
5 meets all specifications and performance require-
6 ments of the Department of Defense and the Armed
7 Forces.
8 (e) WAIVER.—The Secretary may waive the use of
9 sustainable aviation fuel at a facility under the pilot pro-
10 gram if the Secretary—
11 (1) determines such use is not feasible due to
12 a lack of domestic availability of sustainable aviation
13 fuel or a national security contingency; and
14 (2) submits to the congressional defense com-
15 mittees notice of such waiver and the reasons for
16 such waiver.
17 (f) FINAL REPORT.—At the conclusion of the pilot
18 program, the Assistant Secretary of Defense for Energy,
19 Installations, and Environment shall submit to the Com-
20 mittee on Armed Services and the Committee on Trans-
21 portation and Infrastructure of the House of Representa-
22 tives a final report on the pilot program. Such report shall
23 include each of the following:
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1 (1) An assessment of the effect of using sus-
2 tainable aviation fuel on the overall fuel costs of
3 blended fuel.
4 (2) A description of any operational, infrastruc-
5 ture, or logistical requirements and recommenda-
6 tions for the blending and use of sustainable aviation
7 fuel, with a focus on scaling up military-wide adop-
8 tion of such fuel.
9 (3) Recommendations with respect to how mili-
10 tary installations can leverage proximity to commer-
11 cial airports and other jet fuel consumers to increase
12 the rate of use of sustainable aviation fuel, for both
13 military and non-military use, including potential
14 collaboration on innovative financing or purchasing
15 and shared supply chain infrastructure.
16 (4) A description of the effects on performance
17 and operation aircraft using sustainable aviation fuel
18 including—
19 (A) if used, considerations of various
20 blending ratios and their associated benefits;
21 (B) efficiency and distance improvements
22 of flights fuels using sustainable aviation fuel;
23 (C) weight savings on large transportation
24 aircraft and other types of aircraft with using
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1 blended fuel with higher concentrations of sus-
2 tainable aviation fuel;
3 (D) maintenance benefits of using sustain-
4 able aviation fuel, including engine longevity;
5 (E) the effect of the use of sustainable
6 aviation fuel on emissions and air quality;
7 (F) the effect of the use of sustainable
8 aviation fuel on the environment and on sur-
9 rounding communities, including environmental
10 justice factors that are created by the demand
11 for and use of sustainable aviation fuel by the
12 Department of Defense; and
13 (G) benefits with respect to job creation in
14 the sustainable aviation fuel production and
15 supply chain.
16 (g) SUSTAINABLE AVIATION FUEL DEFINED.—In
17 this section, the term ‘‘sustainable aviation fuel’’ means
18 liquid fuel that—
19 (1) consists of synthesized hydrocarbon;
20 (2) meets the requirements of—
21 (A) ASTM International Standard D7566
22 (or such successor standard); or
23 (B) the co-processing provisions of ASTM
24 International Standard D1655, Annex A1 (or
25 such successor standard);
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1 (3) is derived from biomass (as such term is de-
2 fined in section 45K(c)(3) of the Internal Revenue
3 Code of 1986), waste streams, renewable energy
4 sources, or gaseous carbon oxides;
5 (4) is not derived from palm fatty acid dis-
6 tillates; and
7 (5) conforms to the standards, recommended
8 practices, requirements and criteria, supporting doc-
9 uments, implementation elements, and any other
10 technical guidance, for sustainable aviation fuels
11 that are adopted by the International Civil Aviation
12 Organization with the agreement of the United
13 States.
14 SEC. 327. JOINT DEPARTMENT OF DEFENSE AND DEPART-
15 MENT OF AGRICULTURE STUDY ON BIO-
16 REMEDIATION OF PFAS USING MYCOLOGICAL
17 ORGANIC MATTER.
18 (a) STUDY.—The Secretary of Defense, acting
19 through the Assistant Secretary of Defense for Energy,
20 Installations, and Environment, Strategic Environmental
21 Research and Development Program, and the Secretary
22 of Agriculture, acting through the Administrator of the
23 Agricultural Research Service, shall jointly carry out a
24 study on the bioremediation of PFAS using mycological
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1 organic matter. Such study shall commence not later than
2 one year after the date of the enactment of this Act.
3 (b) REPORT.—Not later than one year after the date
4 of the enactment of this Act, the Secretary of Defense and
5 the Secretary of Agriculture shall jointly submit to the
6 Committee on Agriculture and the Committee on Armed
7 Services of the House or Representatives and the Com-
8 mittee on Agriculture, Forestry, and Nutrition and the
9 Committee on Armed Services of the Senate a report on
10 the study conducted pursuant to subsection (a).
11 (c) PFAS.—In this section, the term ‘‘PFAS’’ means
12 per- and polyfluoroalkyl substances.
13 SEC. 328. REPORT ON AIR FORCE PROGRESS REGARDING
14 CONTAMINATED REAL PROPERTY.
15 (a) SENSE OF CONGRESS.—It is the sense of Con-
16 gress that—
17 (1) the Air Force has contaminated property
18 across the United States with harmful
19 perfluorooctanoic acid and perfluorooctane sulfonate
20 chemicals;
21 (2) perfluorooctanoic acid and perfluorooctane
22 sulfonate contamination threatens the jobs, lives,
23 and livelihoods of citizens and livestock who live in
24 contaminated areas;
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1 (3) property owners, especially those facing se-
2 vere financial hardship, cannot wait any longer for
3 the Air Force to acquire contaminated property; and
4 (4) the Air Force should, in an expeditious
5 manner, use the authority under section 344 of the
6 National Defense Authorization Act 2020 (Public
7 Law 116–92; 10 U.S.C. 2701 note) to acquire con-
8 taminated property and provide relocation assist-
9 ance.
10 (b) REPORT.—Not later than 90 days after the date
11 of the enactment of this Act, the Secretary of the Air
12 Force shall submit to the Committees on Armed Services
13 of the Senate and House of Representatives a report on
14 the progress of the Air Force in carrying out section 344
15 of the National Defense Authorization Act 2020 (Public
16 Law 116–92; 10 U.S.C. 2701 note). Such report shall in-
17 clude—
18 (1) a detailed description of any real property
19 contaminated by perfluorooctanoic acid and
20 perfluorooctane sulfonate by the Air Force;
21 (2) a description of any progress made by the
22 Air Force to acquire property or provide relocation
23 assistance pursuant to such section 344; and
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1 (3) if the Air Force has not acquired property
2 or provided relocation assistance pursuant to such
3 section, an explanation of why it has not.
4 SEC. 329. ENERGY, WATER, AND WASTE NET ZERO RE-
5 QUIREMENTS FOR CONSTRUCTION OF NEW
6 BUILDINGS.
7 (a) REQUIREMENTS DESCRIBED.—For fiscal year
8 2022 and any subsequent fiscal year, the Secretary of De-
9 fense shall improve building efficiency, performance, and
10 management by ensuring that the new construction of any
11 Department of Defense building larger than 5,000 gross
12 square feet that enters the planning process is designed
13 to achieve energy net-zero and water or waste net-zero by
14 fiscal year 2035.
15 (b) WAIVER FOR NATIONAL SECURITY.—The Sec-
16 retary may waive the requirement of subsection (a) with
17 respect to a building if the Secretary provides the Commit-
18 tees on Armed Services of the House of Representatives
19 and Senate with a certification that the application of such
20 requirement would be detrimental to national security.
21 (c) STATUS REPORT AND BRIEFINGS ON PROGRESS
22 TOWARDS MEETING CURRENT GOAL REGARDING USE OF
23 RENEWABLE ENERGY TO MEET FACILITY ENERGY
24 NEEDS.—Section 2911(g) of title 10, United States Code,
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1 is amended by adding at the end the following new para-
2 graph:
3 ‘‘(4) The Secretary of Defense shall—
4 ‘‘(A) not later than 180 days after the date of
5 the enactment of this paragraph, submit a report to
6 the Committees on Armed Services of the House of
7 Representatives and Senate on the progress the Sec-
8 retary has made towards meeting the goal described
9 in paragraph (1)(A) with respect to fiscal year 2025;
10 and
11 ‘‘(B) during fiscal year 2022 and each suc-
12 ceeding fiscal year through fiscal year 2025, provide
13 a briefing to the Committees on Armed Services of
14 the House of Representatives and Senate on the
15 progress the Secretary has made towards meeting
16 the goal described in paragraph (1)(A) with respect
17 to fiscal year 2025.’’.
18 SEC. 330. REVIEW OF AGREEMENTS WITH NON-DEPART-
19 MENT ENTITIES WITH RESPECT TO PREVEN-
20 TION AND MITIGATION OF SPILLS OF AQUE-
21 OUS FILM-FORMING FOAM.
22 (a) REVIEW REQUIRED.—Not later than 180 days of
23 after the date of the enactment of this Act, the Secretary
24 of Defense shall complete a review of mutual support
25 agreements entered into with non-Department of Defense
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1 entities (including State and local entities) that involve
2 fire suppression activities in support of missions of the De-
3 partment.
4 (b) MATTERS.—The review under subsection (a) shall
5 assess, with respect to the agreements specified in such
6 subsection, the following:
7 (1) The preventative maintenance guidelines
8 specified in such agreements for fire trucks and fire
9 suppression systems, to mitigate the risk of equip-
10 ment failure that may result in a spill of aqueous
11 film-forming foam (in this section referred to as
12 ‘‘AFFF’’).
13 (2) Any requirements specified in such agree-
14 ments for the use of personal protective equipment
15 by personnel when conducting a material transfer or
16 maintenance activity pursuant to the agreement that
17 may result in a spill of AFFF, or when conducting
18 remediation activities for such a spill, including re-
19 quirements for side-shield safety glasses, latex
20 gloves, and respiratory protection equipment.
21 (3) The methods by which the Secretary, or the
22 non-Department entity with which the Secretary has
23 entered into the agreement, ensures compliance with
24 guidance specified in the agreement with respect to
25 the use of such personal protective equipment.
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1 (c) GUIDANCE.—Not later than 90 days after the
2 date on which the Secretary completes the review under
3 subsection (a), the Secretary shall issue guidance (based
4 on the results of such review) on requirements to include
5 under the agreements specified in such subsection, to en-
6 sure the prevention and mitigation of spills of AFFF.
7 Such guidance shall include, at a minimum, best practices
8 and recommended requirements to ensure the following:
9 (1) The supervision by personnel trained in re-
10 sponding to spills of AFFF of each material transfer
11 or maintenance activity carried out pursuant to such
12 an agreement that may result in such a spill.
13 (2) The use of containment berms and the cov-
14 ering of storm drains and catch basins by personnel
15 performing maintenance activities pursuant to such
16 an agreement in the vicinity of such drains or ba-
17 sins.
18 (3) The storage of materials for the cleanup
19 and containment of AFFF in close proximity to fire
20 suppression systems in buildings of the Department
21 and the presence of such materials during any trans-
22 fer or activity specified in paragraph (1).
23 (d) BRIEFING.—Not later than 30 days after the date
24 on which the Secretary issues the guidance under sub-
25 section (c), the Secretary shall provide to the congressional
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1 defense committees a briefing that summarizes the results
2 of the review conducted under subsection (a) and the guid-
3 ance issued under subsection (c).
4 SEC. 331. INSPECTION OF PIPING AND SUPPORT INFRA-
5 STRUCTURE AT RED HILL BULK FUEL STOR-
6 AGE FACILITY, HAWAI‘I.
7 (a) FINDINGS.—Congress finds the following:
8 (1) The continued availability and use of the
9 Red Hill Bulk Fuel Storage Facility in Honolulu,
10 Hawai‘i is a matter of national security. Persistent
11 fuel availability in quantity, location, and secured
12 siting is a key component in ensuring resilient
13 logistical support for sustained forward operations in
14 the Indo-Pacific region and the execution of the Na-
15 tional Defense Strategy, including the objectives of
16 maintaining a free and open Indo-Pacific.
17 (2) The Red Hill Bulk Fuel Facility is con-
18 structed in basalt rock that overlays a key aquifer
19 serving as one of the major ground water resources
20 for the fresh water needs of the City of Honolulu,
21 including key military installations and associated
22 facilities. Past leaks from the tanks and other infra-
23 structure of the Red Hill Bulk Fuel Storage Facil-
24 ity, while not resulting in any appreciable effect to
25 the aquifer, raise significant questions whether the
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1 facility is being operated and maintained to the
2 highest standard possible and whether the facility
3 presents a material risk to the aquifer and to Hono-
4 lulu water resources.
5 (3) Safety inspections of the Red Hill Bulk
6 Fuel Storage Facility at 10-year intervals, as re-
7 quired by the American Petroleum Institute 570
8 standards, set the upper boundaries for inspections.
9 (b) SENSE OF CONGRESS.—In order to fully effec-
10 tuate national security, assure the maximum safe utiliza-
11 tion of the Red Hill Bulk Fuel Storage Facility, and fully
12 address concerns as to potential impacts of the facility on
13 public health, it is the sense of Congress that the Sec-
14 retary of the Navy and the Defense Logistics Agency
15 should—
16 (1) operate and maintain the Red Hill Bulk
17 Fuel Storage Facility to the highest standard pos-
18 sible; and
19 (2) require safety inspections to be conducted
20 more frequently based on the corrosion rate of the
21 piping and overall condition of the pipeline system
22 and support equipment at the facility.
23 (c) INSPECTION REQUIREMENT.—
24 (1) INSPECTION REQUIRED.—The Secretary of
25 the Navy shall direct the Naval Facilities Engineer-
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1 ing Command to conduct an inspection of the pipe-
2 line system, supporting infrastructure, and appur-
3 tenances, including valves and any other corrosion
4 prone equipment, at the Red Hill Bulk Fuel Storage
5 Facility.
6 (2) INSPECTION AGENT; STANDARDS.—The in-
7 spection required by this subsection shall be per-
8 formed—
9 (A) by an independent American Petro-
10 leum Institute certified inspector who will
11 present findings of the inspection and options
12 to the Secretary of the Navy for improving the
13 integrity of the Red Hill Bulk Fuel Storage Fa-
14 cility and its appurtenances; and
15 (B) in accordance with the Unified Facili-
16 ties Criteria (UFC-3-460-03) and American Pe-
17 troleum Institute 570 inspection standards.
18 (3) EXCEPTION.—The inspection required by
19 this subsection excludes the fuel tanks at the Red
20 Hill Bulk Fuel Storage Facility.
21 (d) LIFE-CYCLE SUSTAINMENT PLAN.—In conjunc-
22 tion with the inspection required by subsection (c), the
23 Naval Facilities Engineering Command shall prepare a
24 life-cycle sustainment plan for the Red Hill Bulk Fuel
25 Storage Facility, which shall consider the current condi-
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1 tion and service life of the tanks, pipeline system, and sup-
2 port equipment.
3 (e) SUBMISSION OF RESULTS AND PLAN.—Not later
4 than one year after the date of the enactment of this Act,
5 the Secretary of the Navy shall submit to the Committees
6 on Armed Services of the Senate and the House of Rep-
7 resentatives a report containing—
8 (1) the results of the inspection conducted
9 under subsection (c);
10 (2) the life-cycle sustainment plan prepared
11 under subsection (d); and
12 (3) options on improving the security and main-
13 tenance of the Red Hill Bulk Fuel Storage Facility.
14 SEC. 332. AMENDMENT TO BUDGETING OF DEPARTMENT
15 OF DEFENSE RELATING TO EXTREME WEATH-
16 ER.
17 Section 328(a) of the National Defense Authorization
18 Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
19 221 note) is amended—
20 (1) in paragraph (1), by striking ‘‘; and’’ and
21 inserting a semicolon;
22 (2) in paragraph (2), by striking the period at
23 the end and inserting ‘‘; and’’; and
24 (3) by inserting after paragraph (2) the fol-
25 lowing:
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1 ‘‘(3) a calculation of the annual costs to the
2 Department for assistance provided to—
3 ‘‘(A) the Federal Emergency Management
4 Agency or Federal land management agencies—
5 ‘‘(i) pursuant to requests for such as-
6 sistance; and
7 ‘‘(ii) approved under the National
8 Interagency Fire Center; and
9 ‘‘(B) any State, Territory, or possession
10 under title 10 or title 32, United States Code,
11 regarding extreme weather.’’.
12 SEC. 333. SENSE OF CONGRESS REGARDING ELECTRIC OR
13 ZERO-EMISSION VEHICLES FOR NON-COMBAT
14 VEHICLE FLEET.
15 It is the sense of Congress that any new non-tactical
16 Federal vehicle purchased by the Department of Defense
17 for use outside of combat should, to the greatest extent
18 practicable, be an electric or zero-emission vehicle.
19 SEC. 334. PILOT PROGRAM TO TEST NEW SOFTWARE TO
20 TRACK EMISSIONS AT CERTAIN MILITARY IN-
21 STALLATIONS.
22 (a) IN GENERAL.—The Secretary of Defense may
23 conduct a pilot program (to be known as the ‘‘Installations
24 Emissions Tracking Program’’) to evaluate the feasibility
25 and effectiveness of software and emerging technologies
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1 and methodologies to track real-time emissions from in-
2 stallations and installation assets.
3 (b) GOALS.—The goals of the Installations Emissions
4 Tracking Program are—
5 (1) to prove software and emerging tech-
6 nologies, methodologies, and capabilities to effec-
7 tively track emissions in real time; and
8 (2) to reduce energy costs and increase effi-
9 ciencies.
10 (c) LOCATIONS.—If the Secretary conducts the In-
11 stallations Emissions Tracking Program, the Secretary
12 shall select, for purposes of the Program, four major mili-
13 tary installations located in different geographical regions
14 of the United States that the Secretary determines—
15 (1) are prone to producing higher emissions;
16 (2) are in regions that historically have poor air
17 quality; and
18 (3) have historically higher than average utility
19 costs.
20 SEC. 335. DEPARTMENT OF DEFENSE PLAN TO MEET
21 SCIENCE-BASED EMISSIONS TARGETS.
22 (a) PLAN REQUIRED.—Not later than September 30,
23 2022, the Secretary of Defense shall submit to Congress
24 a plan to reduce the greenhouse gas emissions of the De-
25 partment of Defense, including Department of Defense
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1 functions that are performed by contractors, in line with
2 science-based emissions targets.
3 (b) UPDATES.—The Secretary shall submit to Con-
4 gress annual reports on the progress of the Department
5 of Defense toward meeting the science-based emissions
6 targets in the plan required by subsection (a).
7 (c) SCIENCE-BASED EMISSIONS TARGET.—In this
8 section, the term ‘‘science-based emissions target’’ means
9 a reduction in greenhouse gas emissions consistent with
10 preventing an increase in global average temperature of
11 greater than or equal to 1.5 degrees Celsius compared to
12 pre-industrial levels.
13 SEC. 336. REPORT ON CLEAN UP OF CONTAMINATED ARMY
14 PROPERTY.
15 (a) FINDINGS.—Congress makes the following find-
16 ings:
17 (1) There are numerous properties that were
18 under the jurisdiction of the Department of the
19 Army, such as former Nike missile sites, but that
20 have been transferred to units of local government.
21 (2) Many of these properties may remain pol-
22 luted because of activity by the Department of De-
23 fense.
24 (3) This pollution may inhibit the use of these
25 properties for commercial or residential purposes.
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1 (4) Knowledge and understanding of the im-
2 pacts of contaminants from Department of Defense
3 activities have developed and changed over time.
4 (5) The Department of Defense has an obliga-
5 tion to facilitate the clean-up of such pollutants even
6 after the sites have been transferred to local govern-
7 ments.
8 (b) REPORT.—Not later than 180 days after the date
9 of the enactment of this Act, the Secretary of the Army
10 shall submit to the Committees on Armed Services of the
11 Senate and House of Representatives a report that con-
12 tains each of the following:
13 (1) A plan to facilitate the clean-up of each
14 contaminated property that was under the jurisdic-
15 tion of the Department of the Army and subse-
16 quently transferred to a unit of local government.
17 (2) An identification of any site where the De-
18 partment of the Army has previously conducted
19 clean-up activities but due to contaminants not dis-
20 covered until after transfer or newly identified con-
21 taminants, additional clean-up may be necessary.
22 (3) An explanation of how any site identified
23 under paragraph (2) is to be prioritized relative to
24 other sites, such as active sites or sites set for trans-
25 fer.
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1 (4) A detailed plan to conduct preliminary as-
2 sessments and site inspections for each site identi-
3 fied under paragraph (2) by not later than five years
4 after the date of the submittal of the report.
5 SEC. 337. GRANTS FOR MAINTAINING OR IMPROVING MILI-
6 TARY INSTALLATION RESILIENCE.
7 Section 2391 of title 10, United States Code, is
8 amended—
9 (1) in subsection (b)(5), by adding at the end
10 the following new subparagraph:
11 ‘‘(D)(i) The Secretary of Defense may also make
12 grants, conclude cooperative agreements, and supplement
13 other Federal funds, in order to assist a State or local
14 government in planning and implementing measures and
15 projects that, as determined by the Secretary of Defense,
16 will contribute to maintaining or improving military instal-
17 lation resilience. Amounts appropriated or otherwise made
18 available for assistance under this subparagraph shall re-
19 main available until expended.
20 ‘‘(ii) In the case of funds provided under this sub-
21 paragraph for projects involving the preservation, mainte-
22 nance, or restoration of natural features for the purpose
23 of maintaining or enhancing military installation resil-
24 ience, such funds may be provided in a lump sum and in-
25 clude an amount intended to cover the future costs of the
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1 natural resource maintenance and improvement activities
2 required for the preservation, maintenance, or restoration
3 of such natural features, and may be placed by the recipi-
4 ent in an interest-bearing or other investment account,
5 and any interest or income shall be applied for the same
6 purposes as the principal.’’; and
7 (2) in subsection (e)(1), by striking ‘‘subsection
8 (b)(1)(D)’’ inserting ‘‘paragraphs (1)(D) and (E)
9 and (5)(D) of subsection (b) and subsection (d)’’.
10 SEC. 338. INCLUSION OF INFORMATION REGARDING CLI-
11 MATE CHANGE IN REPORTS ON NATIONAL
12 TECHNOLOGY AND INDUSTRIAL BASE.
13 Section 2504(3)(B) of title 10, United States Code,
14 is amended—
15 (1) by redesignating clauses (i) through (iii) as
16 clauses (ii) through (iv), respectively; and
17 (2) by inserting before clause (ii), as so redesig-
18 nated, the following new clause (i):
19 ‘‘(i) vulnerabilities related to the cur-
20 rent and projected impacts of climate
21 change and to cyberattacks or disrup-
22 tions;’’.
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1 SEC. 339. SENSE OF CONGRESS REGARDING REPORT OF
2 THE INTERGOVERNMENTAL PANEL ON CLI-
3 MATE CHANGE.
4 (a) FINDINGS.—Congress makes the following find-
5 ings:
6 (1) The Intergovernmental Panel on Climate
7 Change has provided valuable scientific assessments
8 on climate change since its creation in 1988.
9 (2) The first part of the Sixth Assessment Re-
10 port, Climate Change 2021: The Physical Science
11 Basis, was finalized on August 6, 2021.
12 (3) The report finds that the global average
13 temperature is expected to reach or exceed 1.5 de-
14 grees celsius above pre-industrial levels within the
15 coming decades without immediate and large-scale
16 efforts to reduce greenhouse gas emissions.
17 (4) This increase in global temperature will af-
18 fect all regions of the world, impacting weather pat-
19 terns, sea levels, ocean temperatures, biodiversity,
20 and more.
21 (b) SENSE OF CONGRESS.—It is the sense of Con-
22 gress that—
23 (1) the Department of Defense should take the
24 most recent report of the Intergovernmental Panel
25 on Climate Change into consideration when carrying
26 out resiliency efforts and making energy and trans-
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1 portation decisions for military bases and installa-
2 tions; and
3 (2) the Department of Defense should consider
4 adding the recommendations of the Sixth Assess-
5 ment Report to the Unified Facilities Criteria where
6 appropriate.
7 Subtitle C—Logistics and
8 Sustainment
9 SEC. 341. MITIGATION OF CONTESTED LOGISTICS CHAL-
10 LENGES OF THE DEPARTMENT OF DEFENSE
11 THROUGH REDUCTION OF OPERATIONAL EN-
12 ERGY DEMAND.
13 (a) CLARIFICATION OF OPERATIONAL ENERGY RE-
14 SPONSIBILITIES.—Section 2926 of title 10, United States
15 Code, is amended—
16 (1) in subsection (a), by inserting ‘‘in contested
17 logistics environments’’ after ‘‘missions’’; and
18 (2) in subsection (b)—
19 (A) in the heading, by striking ‘‘AUTHORI-
20 TIES’’ and inserting ‘‘RESPONSIBILITIES’’;
21 (B) in the matter preceding paragraph (1),
22 by striking ‘‘may’’ and inserting ‘‘shall’’;
23 (C) by amending paragraph (1) to read as
24 follows:
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1 ‘‘(1) require the Secretaries concerned and the
2 commanders of the combatant commands to assess
3 the energy supportability in contested logistics envi-
4 ronments of systems, capabilities, and plans;’’;
5 (D) in paragraph (2), by inserting ‘‘
6 supportability in contested logistics environ-
7 ments,’’ after ‘‘power,’’; and
8 (E) in paragraph (3), by inserting ‘‘in con-
9 tested logistics environments’’ after
10 ‘‘vulnerabilities’’.
11 (b) ESTABLISHMENT OF WORKING GROUP.—Such
12 section is further amended—
13 (1) in subsection (c)—
14 (A) in the matter preceding paragraph (1),
15 by inserting ‘‘ and in coordination with the
16 working group under subsection (d)’’ after
17 ‘‘components’’;
18 (B) in paragraph (1), by striking ‘‘Defense
19 and oversee’’ and inserting ‘‘Defense, including
20 the activities of the working group established
21 under subsection (d), and oversee’’;
22 (C) in paragraph (2), by inserting ‘‘, tak-
23 ing into account the findings of the working
24 group under subsection (d)’’ after ‘‘Defense’’;
25 and
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1 (D) paragraph (3), by inserting ‘‘, taking
2 into account the findings of the working group
3 under subsection (d)’’ after ‘‘resilience’’;
4 (2) by redesignating subsections (d) through (f)
5 as subsections (e) through (g), respectively;
6 (3) by inserting after subsection (c), as amend-
7 ed by paragraph (1), the following new subsection:
8 ‘‘(d) WORKING GROUP.—(1) The Secretary of De-
9 fense shall establish a working group to integrate efforts
10 to mitigate contested logistics challenges through the re-
11 duction of operational energy demand that are carried out
12 within each armed force, across the armed forces, and with
13 the Office of the Secretary of Defense and to conduct
14 other coordinated functions relating to such efforts.
15 ‘‘(2) The head of the working group under paragraph
16 (1) shall be the Assistant Secretary of Defense for Energy,
17 Installations, and Environment. The Assistant Secretary
18 shall supervise the members of the working group and pro-
19 vide guidance to such members with respect to specific
20 operational energy plans and programs to be carried out
21 pursuant to the strategy under subsection (e).
22 ‘‘(3) The members of the working group under para-
23 graph (1) shall be appointed as follows:
24 ‘‘(A) A senior official of each armed force, who
25 shall be nominated by the Secretary concerned and
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1 confirmed by the Senate to represent such armed
2 force.
3 ‘‘(B) A senior official from each geographic and
4 functional combatant command, who shall be ap-
5 pointed by the commander of the respective combat-
6 ant command to represent such combatant com-
7 mand.
8 ‘‘(C) A senior official under the jurisdiction of
9 the Chairman of the Joint Chiefs of Staff, who shall
10 be appointed by the Chairman to represent the Joint
11 Chiefs of Staff and the Joint Staff.
12 ‘‘(4) Each member of the working group shall be re-
13 sponsible for carrying out operational energy plans and
14 programs and implementing coordinated initiatives pursu-
15 ant to the strategy under subsection (e) for the respective
16 component of the Department that the member rep-
17 resents.
18 ‘‘(5) The duties of the working group under para-
19 graph (1) shall be as follows:
20 ‘‘(A) Planning for the integration of efforts to
21 mitigate contested logistics challenges through the
22 reduction of operational energy demand carried out
23 within each armed force, across the armed forces,
24 and with the Office of the Secretary of Defense.
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1 ‘‘(B) Developing recommendations regarding
2 the strategy for operational energy under subsection
3 (e).
4 ‘‘(C) Developing recommendations relating to
5 the development of, and modernization efforts for,
6 platforms and weapons systems of the armed forces.
7 ‘‘(D) Developing recommendations to ensure
8 that such development and modernization efforts
9 lead to increased lethality, extended range, and ex-
10 tended on-station time for tactical assets.
11 ‘‘(E) Developing recommendations to mitigate
12 the effects of hostile action by a near-peer adversary
13 targeting operational energy storage and operations
14 of the armed forces, including through the use of in-
15 novative delivery systems, distributed storage, flexi-
16 ble contracting, and improved automation.’’; and
17 (4) in subsection (g), as redesignated by para-
18 graph (2)—
19 (A) in paragraph (1)—
20 (i) by striking ‘‘The Secretary of a
21 military department’’ and inserting ‘‘Each
22 member of the working group under sub-
23 section (d)’’; and
24 (ii) by striking ‘‘conducted by the
25 military department’’ and inserting ‘‘con-
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1 ducted by the respective component of the
2 Department that the member represents
3 for purposes of the working group’’; and
4 (B) in paragraph (2), by striking ‘‘military
5 department’’ and inserting ‘‘armed force’’.
6 (c) MODIFICATIONS TO OPERATIONAL ENERGY
7 STRATEGY.—Subsection (e) of such section, as redesig-
8 nated by subsection (b)(2), is amended to read as follows:
9 ‘‘(1) The Assistant Secretary of Defense for Energy,
10 Installations, and Environment, in coordination with the
11 working group under subsection (d), shall be responsible
12 for the establishment and maintenance of a department-
13 wide transformational strategy for operational energy. The
14 strategy shall be updated every five years and shall estab-
15 lish near-term, mid-term, and long-term goals, perform-
16 ance metrics to measure progress in meeting the goals,
17 and a plan for implementation of the strategy within each
18 armed force, across the armed forces, and with the Office
19 of the Secretary of Defense.
20 ‘‘(2) The strategy required under paragraph (1) shall
21 include the following:
22 ‘‘(A) A plan to integrate efforts to mitigate con-
23 tested logistics challenges through the reduction of
24 operational energy demand within each armed force.
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1 ‘‘(B) An assessment of how industry trends
2 transitioning from the production of internal com-
3 bustion engines to the development and production
4 of alternative propulsion systems may affect the
5 long-term availability of parts for military equip-
6 ment, the fuel costs for such equipment, and the
7 sustainability of such equipment.
8 ‘‘(C) An assessment of any fossil fuel reduction
9 technologies, including electric, hydrogen, or other
10 sustainable fuel technologies, that may reduce oper-
11 ational energy demand in the near-term or long-
12 term.
13 ‘‘(D) An assessment of any risks or opportuni-
14 ties related to the development of tactical vehicles or
15 other military equipment that use alternative propul-
16 sion systems, including any such risks or opportuni-
17 ties with respect the supply chain or resupply capa-
18 bilities of the armed forces or the congruence of
19 such systems with the systems used by allies of the
20 United States.
21 ‘‘(E) An assessment of how the Secretaries con-
22 cerned and the commanders of the combatant com-
23 mands can better plan for challenges presented by
24 near-peer adversaries in a contested logistics envi-
25 ronment, including through innovative delivery sys-
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1 tems, distributed storage, flexible contracting, and
2 improved automation.
3 ‘‘(F) An assessment of any infrastructure in-
4 vestments of allied and partner countries that may
5 affect operational energy availability in the event of
6 a conflict with a near-peer adversary.
7 ‘‘(3) By authority of the Secretary of Defense, and
8 taking into consideration the findings of the working
9 group, the Assistant Secretary shall prescribe policies and
10 procedures for the implementation of the strategy and
11 make recommendations to the Secretary of Defense and
12 Deputy Secretary of Defense with respect to specific oper-
13 ational energy plans and programs to be carried out pur-
14 suant to the strategy.
15 ‘‘(4) Not later than 30 days after the date on which
16 the budget for fiscal year 2024 is submitted to Congress
17 pursuant to section 1105 of title 31, and every five years
18 thereafter, the Assistant Secretary shall submit to the con-
19 gressional defense committees the strategy required under
20 paragraph (1).’’.
21 (d) DEFINITIONS.—Such section is further amended
22 by adding at the end the following new subsection:
23 ‘‘(h) DEFINITIONS.—In this section:
24 ‘‘(1) The term ‘contested logistics environment’
25 means an environment in which the armed forces en-
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1 gage in conflict with an adversary that presents
2 challenges in all domains and directly targets logis-
3 tics operations, facilities, and activities in the United
4 States, abroad, or in transit from one location to the
5 other.
6 ‘‘(2) The term ‘tactical vehicle’ means a vehicle
7 owned by the Department of Defense or the armed
8 forces and used in combat, combat support, combat
9 service support, tactical, or relief operations, or in
10 training for such operations.’’.
11 (e) CONFORMING AMENDMENT.—Section 2926(c)(5)
12 of title 10, United States Code, is amended by striking
13 ‘‘subsection (e)(4)’’ and inserting ‘‘subsection (f)(4)’’.
14 (f) INTERIM REPORT.—Not later than 180 days after
15 the date of the enactment of this Act, the Assistant Sec-
16 retary of Defense for Energy, Installations, and Environ-
17 ment shall submit to the congressional defense committees
18 an interim report on any actions taken pursuant to the
19 amendments made by this section. Such report shall in-
20 clude an update regarding the establishment of the work-
21 ing group under section 2926(d) of title 10, United States
22 Code, as amended by subsection (b).
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1 SEC. 342. GLOBAL BULK FUEL MANAGEMENT AND DELIV-
2 ERY.
3 (a) DESIGNATION OF RESPONSIBLE COMBATANT
4 COMMAND.—
5 (1) DESIGNATION REQUIRED.—Subchapter III
6 of chapter 173 of title 10, United States Code, is
7 amended by adding at the end the following new sec-
8 tion:
9 ‘‘§ 2927. Global bulk fuel management and delivery
10 ‘‘The Secretary of Defense shall designate a combat-
11 ant command to be responsible for bulk fuel management
12 and delivery of the Department on a global basis.’’.
13 (2) CLERICAL AMENDMENT.—The table of con-
14 tents for such subchapter is amended by adding at
15 the end the following new item:
‘‘2927. Global bulk fuel management and delivery.’’.
16 (3) DEADLINE FOR DESIGNATION; NOTICE.—
17 Not later than 30 days after the date of the enact-
18 ment of this Act, the Secretary of Defense shall—
19 (A) make the designation required under
20 section 2927 of title 10, United States Code (as
21 added by paragraph (1)); and
22 (B) provide to the Committees on Armed
23 Services of the Senate and the House of Rep-
24 resentatives notice of the combatant command
25 so designated.
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1 (b) GLOBAL BULK FUEL MANAGEMENT STRAT-
2 EGY.—
3 (1) STRATEGY REQUIRED.—The commander of
4 the combatant command designated under section
5 2927 of title 10, United States Code (as added by
6 subsection (a)), shall prepare and submit to the con-
7 gressional defense committees a strategy to develop
8 the infrastructure and programs necessary to opti-
9 mally support global bulk fuel management of the
10 Department of Defense.
11 (2) ADDITIONAL ELEMENTS.—The strategy
12 under paragraph (1) shall include the following addi-
13 tional elements:
14 (A) A description of the current organiza-
15 tional responsibility for bulk fuel management
16 of the Department, organized by geographic
17 combatant command, including with respect to
18 ordering, storage, and strategic and tactical
19 transportation.
20 (B) A description of any legacy bulk fuel
21 management assets of each of the geographic
22 combatant commands.
23 (C) A description of the operational plan to
24 exercise such assets to ensure full functionality
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1 and to repair, upgrade, or replace such assets
2 as necessary.
3 (D) An identification of the resources re-
4 quired for any such repairs, upgrades, or re-
5 placements.
6 (E) A description of the current programs
7 relating to platforms, weapon systems, or re-
8 search and development, that are aimed at
9 managing fuel constraints by decreasing de-
10 mand for fuel.
11 (F) An assessment of current and pro-
12 jected threats to forward-based bulk fuel deliv-
13 ery, storage, and distribution systems, and an
14 assessment, based on such current and pro-
15 jected threats, of attrition to bulk fuel infra-
16 structure, including storage and distribution
17 systems, in a conflict involving near-peer for-
18 eign countries.
19 (G) An assessment of current days of sup-
20 ply guidance, petroleum war reserve require-
21 ments, and prepositioned war reserve stocks,
22 based on operational tempo associated with dis-
23 tributed operations in a contested environment.
24 (H) An identification of the resources re-
25 quired to address any changes to such guid-
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1 ance, requirements, or stocks recommended as
2 the result of such assessment.
3 (I) An identification of any global shortfall
4 with respect to bulk fuel management, orga-
5 nized by geographic combatant command, and a
6 prioritized list of investment recommendations
7 to address each shortfall identified.
8 (3) COORDINATION.—In preparing the strategy
9 under paragraph (1), the commander of the combat-
10 ant command specified in such paragraph shall co-
11 ordinate with subject matter experts of the Joint
12 Staff, the geographic combatant commands, the
13 United States Transportation Command, the De-
14 fense Logistics Agency, and the military depart-
15 ments.
16 (c) LIMITATION ON AVAILABILITY OF FUNDS FOR
17 DEFENSE LOGISTICS AGENCY (ENERGY).—Of the funds
18 authorized to be appropriated by this Act or otherwise
19 made available for fiscal year 2022 for the Defense Logis-
20 tics Agency (Energy), not more than 50 percent may be
21 obligated or expended before the date on which the notice
22 under subsection (a)(3)(B) is provided.
23 (d) CONFORMING AMENDMENTS.—Section 2854 of
24 the Military Construction Authorization Act for Fiscal
25 Year 2021 (Public Law 116–283) is amended—
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1 (1) in subsection (b), by striking ‘‘The organi-
2 zational element designated pursuant to subsection
3 (a)’’ and inserting ‘‘The Secretary of Defense’’;
4 (2) in subsection (c), by striking ‘‘subsection
5 (b)’’ and inserting ‘‘subsection (a)’’;
6 (3) by striking subsections (a) and (d); and
7 (4) by redesignating subsections (b) and (c), as
8 amended by paragraphs (1) and (2), as subsections
9 (a) and (b), respectively.
10 SEC. 343. COMPTROLLER GENERAL ANNUAL REVIEWS OF
11 F–35 SUSTAINMENT EFFORTS.
12 (a) ANNUAL REVIEWS AND BRIEFINGS.—Not later
13 than March 1 of each year of 2022, 2023, 2024, and
14 2025, the Comptroller General of the United States
15 shall—
16 (1) conduct an annual review of the
17 sustainment efforts of the Department of Defense
18 with respect to the F–35 aircraft program (including
19 the air vehicle and propulsion elements of such pro-
20 gram); and
21 (2) provide to the Committee on Armed Serv-
22 ices of the House of Representatives a briefing on
23 such review, including any findings of the Comp-
24 troller General as a result of such review.
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1 (b) ELEMENTS.—Each review under subsection
2 (a)(1) shall include an assessment of the following:
3 (1) The status of the sustainment strategy of
4 the Department for the F–35 Lightning II aircraft
5 program.
6 (2) The Department oversight and prime con-
7 tractor management of key sustainment functions
8 with respect to the F–35 aircraft program.
9 (3) The ability of the Department to reduce the
10 costs, or otherwise maintain the affordability, of the
11 sustainment of the F–35 fleet.
12 (4) Any other matters regarding the
13 sustainment or affordability of the F–35 aircraft
14 program that the Comptroller General determines to
15 be of critical importance to the long-term viability of
16 such program.
17 (c) REPORTS.—Following the provision of each brief-
18 ing under subsection (a)(2), at such time as is mutually
19 agreed upon by the Committee on Armed Services of the
20 House of Representatives and the Comptroller General,
21 the Comptroller General shall submit to such committee
22 a report on the matters covered by the briefing.
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1 SEC. 344. PILOT PROGRAM ON BIOBASED CORROSION CON-
2 TROL AND MITIGATION.
3 (a) PILOT PROGRAM.—Not later than 120 days after
4 the date of the enactment of this Act, the Secretary of
5 Defense shall commence a one-year pilot program to test
6 and evaluate the use of covered biobased solutions as alter-
7 natives to current solutions for the control and mitigation
8 of corrosion.
9 (b) SELECTION.—In carrying out the pilot program
10 under subsection (a), the Secretary shall select for test
11 and evaluation under the pilot program at least one exist-
12 ing covered biobased solution.
13 (c) TEST AND EVALUATION.—Following the test and
14 evaluation of a covered biobased solution under the pilot
15 program, the Secretary shall determine, based on such test
16 and evaluation, whether the solution meets the following
17 requirements:
18 (1) The solution is capable of being produced
19 domestically.
20 (2) The solution is at least as effective at the
21 control and mitigation of corrosion as current alter-
22 native solutions.
23 (3) The solution reduces environmental expo-
24 sures.
25 (d) RECOMMENDATIONS.—Upon termination of the
26 pilot program under subsection (a), the Secretary shall de-
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1 velop recommendations for the Department of Defense-
2 wide deployment of covered biobased solutions that the
3 Secretary has determined meet the requirements under
4 subsection (c).
5 (e) COVERED BIOBASED SOLUTION DEFINED.—In
6 this section, the term ‘‘covered biobased solution’’ means
7 a solution for the control and mitigation of corrosion that
8 is domestically produced, commercial, and biobased.
9 SEC. 345. PILOT PROGRAM ON DIGITAL OPTIMIZATION OF
10 ORGANIC INDUSTRIAL BASE MAINTENANCE
11 AND REPAIR OPERATIONS.
12 (a) IN GENERAL.—Beginning not later than 180
13 days after the date of the enactment of this Act, The Sec-
14 retary of the Defense shall initiate a pilot program under
15 which the Secretary shall provide for the digitization of
16 the facilities and operations of at least one covered depot.
17 (b) ELEMENTS OF PILOT PROGRAM.—In carrying
18 out the pilot program under this section, the Secretary
19 shall provide for each of the following at the covered depot
20 or depots at which the Secretary carries out the program:
21 (1) The delivery of a digital twin model of the
22 maintenance, repair, and remanufacturing infra-
23 structure and activities.
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1 (2) The modeling and simulation of optimized
2 facility configuration, logistics systems, and proc-
3 esses.
4 (3) The analysis of material flow and resource
5 use to achieve key performance metrics for all levels
6 of maintenance and repair.
7 (4) An assessment of automated, advanced, and
8 additive manufacturing technologies that could im-
9 prove maintenance, repair, and remanufacturing op-
10 erations.
11 (5) The identification of investments necessary
12 to achieve the efficiencies identified by the digital
13 twin model required under paragraph (1).
14 (c) REPORT.—Not later than 60 days after the com-
15 pletion of the digital twin model and associated analysis,
16 the Secretary of Defense shall submit to the Committees
17 on Armed Services of the Senate and the House of Rep-
18 resentatives a report on the pilot program. Such report
19 shall include—
20 (1) a description of the efficiencies identified
21 under the pilot program;
22 (2) a description of the infrastructure, work-
23 force, and capital equipment investments necessary
24 to achieve such efficiencies;
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1 (3) the plan of the Secretary to undertake such
2 investments; and
3 (4) the assessment of the Secretary of the po-
4 tential applicability of the findings of the pilot pro-
5 gram to other covered depots.
6 (d) COVERED DEPOT DEFINED.—In this section, the
7 term ‘‘covered depot’’ includes any depot covered under
8 section 2476(e) of title 10, United States Code, except for
9 the following:
10 (1) Portsmouth Naval Shipyard, Maine.
11 (2) Pearl Harbor Naval Shipyard, Hawaii.
12 (3) Puget Sound Naval Shipyard, Washington.
13 (4) Norfolk Naval Shipyard, Virginia.
14 SEC. 346. PILOT PROGRAM ON IMPLEMENTATION OF MITI-
15 GATING ACTIONS TO ADDRESS
16 VULNERABILITIES TO CRITICAL DEFENSE FA-
17 CILITIES AND ASSOCIATED DEFENSE CRIT-
18 ICAL ELECTRIC INFRASTRUCTURE.
19 (a) TWO-YEAR PILOT AUTHORIZED.—
20 (1) IN GENERAL.—The Secretary of Defense, in
21 coordination with the Secretary of Energy, the Sec-
22 retaries of each of the military departments, and the
23 Secretary of the department in which the Coast
24 Guard is operating, shall carry out a two-year pilot
25 program under which the Secretary shall implement
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1 mitigating actions to address vulnerabilities assessed
2 under section 215A of the Federal Power Act (16
3 U.S.C. 824o–1) at critical defense facilities and their
4 associated defense critical electric infrastructure,
5 after consultation with, and with the consent of, the
6 owners of such facilities and infrastructure.
7 (2) USE OF GRANT AUTHORITY.—In carrying
8 out the pilot program, the Secretary of Defense may
9 make grants, enter into cooperative agreements, and
10 supplement funds available under Federal programs
11 administered by agencies other than the Department
12 of Defense to support mitigating actions under this
13 section.
14 (b) SELECTION OF INSTALLATIONS.—The Secretary
15 of Defense shall select at least three military installations
16 designated as critical defense facilities at which to carry
17 out the pilot program under this section. In selecting such
18 installations, the Secretary shall—
19 (1) ensure that at least one of the military in-
20 stallations selected is an installation of each of
21 Armed Forces;
22 (2) select installations that represent different
23 challenges or severities with respect to electric infra-
24 structure vulnerability;
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1 (3) select at least one critical defense facility
2 within the service territory of a Power Marketing
3 Administration;
4 (4) provide particular consideration for critical
5 defense facilities and the associated defense critical
6 electric infrastructure that use rural cooperatives or
7 municipal entities for their electricity needs; and
8 (5) provide particular consideration for critical
9 defense facilities and defense critical electric infra-
10 structure that have completed an assessment of
11 vulnerabilities and resilience requirements in coordi-
12 nation with the Secretary of Defense and the Sec-
13 retary of Energy.
14 (c) COMPTROLLER GENERAL REVIEW.—
15 (1) IN GENERAL.—Not later than two years
16 after the date of the enactment of this Act, the
17 Comptroller General of the United States shall—
18 (A) conduct a review of the pilot program
19 under this section; and
20 (B) submit to the appropriate congres-
21 sional committees a report on the results of the
22 review.
23 (2) CONTENTS.—The review required under
24 this subsection shall include an assessment of the ef-
25 fectiveness of the mitigating actions taken under the
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1 pilot program and the feasibility of expanding the
2 implementation of such mitigating actions at other
3 installations identified under section 215A(a)(4) of
4 the Federal Power Act (16 U.S.C. 824o–1(a)(4)).
5 (d) DEFINITIONS.—In this section:
6 (1) The term ‘‘appropriate congressional com-
7 mittees’’ means—
8 (A) the Committee on Armed Services and
9 the Committee on Energy and Commerce of the
10 House of Representatives; and
11 (B) the Committee on Armed Services and
12 the Committee on Energy and Natural Re-
13 sources of the Senate.
14 (2) The term ‘‘defense critical electric infra-
15 structure’’ has the meaning given such term under
16 section 215A(a)(4) of the Federal Power Act (16
17 U.S.C. 824o–1(a)(4)).
18 (3) The term ‘‘critical defense facility’’ means a
19 facility designated as a critical defense facility under
20 section 215A(c) of the Federal Power Act (16
21 U.S.C. 824o–1(c)).
22 (4) The term ‘‘mitigating action’’ means any
23 energy resiliency solution applied that is consistent
24 with an assessed strategy to reduce vulnerabilities at
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1 critical defense facilities and associated defense crit-
2 ical electric infrastructure.
3 SEC. 347. REPORT AND CERTIFICATION REQUIREMENTS
4 REGARDING SUSTAINMENT COSTS FOR F–35
5 AIRCRAFT PROGRAM.
6 (a) REPORT.—Not later than March 1, 2022, the
7 Secretary of Defense shall submit to the congressional de-
8 fense committees a report on sustainment costs for the
9 F–35 aircraft program. Such report shall include the fol-
10 lowing:
11 (1) A detailed description and explanation of,
12 and the actual cost data related to, sustainment
13 costs for the F–35 aircraft program, including an
14 identification and assessment of cost elements attrib-
15 utable to the Federal Government or to contractors
16 (disaggregated by the entity responsible for each
17 portion of the cost element, including at the prime
18 contractor and major subcontractor levels) with re-
19 spect to such sustainment costs.
20 (2) An identification of the affordability targets
21 of the Air Force, Navy, and Marine Corps, respec-
22 tively, for sustainment costs for the F–35 aircraft
23 program (expressed in cost per tail per year format
24 and disaggregated by aircraft variant) for the fol-
25 lowing years:
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1 (A) With respect to the affordability target
2 of the Air Force, for the year in which the Sec-
3 retary of the Air Force completes the procure-
4 ment of the program of record number of F–35
5 aircraft for the Air Force.
6 (B) With respect to the affordability target
7 of the Navy, for the year in which the Secretary
8 of the Navy completes the procurement of the
9 program of record number of F–35 aircraft for
10 the Navy; and
11 (C) With respect to the affordability target
12 of the Marine Corps, for the year in which the
13 Secretary of the Navy completes the procure-
14 ment of the program of record number of F–35
15 aircraft for the Marine Corps.
16 (3) A detailed plan for the reduction of
17 sustainment costs for the F–35 aircraft program to
18 achieve the affordability targets specified in para-
19 graph (2), including a plan for contractors to reduce
20 their portion of such sustainment costs.
21 (4) An identification of sustainment cost
22 metrics for the F–35 aircraft program for each of
23 fiscal years 2022 through 2026, expressed in cost
24 per tail per year format.
25 (b) ANNUAL CERTIFICATION.—
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1 (1) CERTIFICATIONS.—Not later than Decem-
2 ber 31 of each of the years 2022 through 2026, the
3 Secretary of Defense shall submit to the congres-
4 sional defense committees a certification indicating
5 whether the F–35 aircraft program met the
6 sustainment cost metrics identified pursuant to sub-
7 section (a)(4) with respect to the fiscal year for
8 which the report is submitted.
9 (2) JUSTIFICATION.—If a certification under
10 paragraph (1) indicates that the sustainment cost
11 metrics for the respective year were not met, the
12 Secretary shall submit to the congressional defense
13 committees a detailed justification for the outcome.
14 (c) LIMITATION ON CERTAIN CONTRACTS.—The Sec-
15 retary of Defense may not enter into a performance-based
16 logistics contract for the sustainment of the F–35 aircraft
17 program until the Secretary submits to the congressional
18 defense committees a certification that—
19 (1) the F–35 aircraft program has met the
20 sustainment cost metrics identified pursuant to sub-
21 section (a)(4) for two consecutive fiscal years, as in-
22 dicated by two consecutive certifications submitted
23 under subsection (b)(1); and
24 (2) the Secretary has determined that such a
25 performance-based logistics contract will further re-
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1 duce sustainment costs for the F–35 aircraft pro-
2 gram.
3 (d) COST PER TAIL PER YEAR DEFINED.—In this
4 section, the term ‘‘cost per tail per year’’ means the aver-
5 age annual operating and support cost (as estimated pur-
6 suant to a formula determined by the Secretary) per air-
7 craft.
8 SEC. 348. REPORT ON MAINTENANCE AND REPAIR OF AIR-
9 CRAFT TURBINE ENGINE ROTORS.
10 (a) REPORT.—Not later than 180 days after the date
11 of the enactment of this Act, the Secretary of Defense
12 shall submit to the congressional defense committees a re-
13 port on the inventory, maintenance, and repair of aircraft
14 turbine engine rotors by the Department of Defense. Such
15 report shall include information (disaggregated by aircraft
16 type and military department) as follows:
17 (1) A total inventory of all replacement aircraft
18 turbine engine rotors produced or procured by De-
19 partment.
20 (2) The total production and procurement costs
21 in fiscal year 2021 for such replacement rotors.
22 (3) The projected production and procurement
23 costs for such replacement rotors for fiscal years
24 2022, 2023, and 2024.
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1 (4) Any funds invested by the Department to
2 modernize the maintenance and repair of aircraft
3 turbine engine rotors, and to lower associated costs.
4 (b) FORM.—The report under subsection (a) shall be
5 submitted in unclassified form, but may have a classified
6 annex.
7 SEC. 349. BRIEFING ON AIR FORCE PLAN FOR CERTAIN
8 AEROSPACE GROUND EQUIPMENT MOD-
9 ERNIZATION.
10 Not later than March 1, 2022, the Secretary of the
11 Air Force shall provide a briefing to the Committee on
12 Armed Services of the House of Representatives on cur-
13 rent and future plans for the replacement of aging aero-
14 space ground equipment, which shall include—
15 (1) an analysis of the average yearly cost to the
16 Air Force of maintaining legacy and out-of-produc-
17 tion A/M32A-60 and A/M32C-10 air start carts;
18 (2) a comparison of the cost of reconditioning
19 these existing legacy systems compared to the cost
20 of replacing them with next-generation air start
21 carts;
22 (3) an analysis of the long-term maintenance
23 and fuel savings that would be realized by the Air
24 Force if the legacy systems were upgraded to next-
25 generation air start carts;
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1 (4) an analysis of the tactical and logistical
2 benefits of transitioning from multi-component aero-
3 space ground equipment systems to modern all-in-
4 one systems; and
5 (5) an overview of existing and future plans to
6 replace legacy air start carts with modern aerospace
7 ground equipment technology.
8 Subtitle D—Risk Mitigation and
9 Safety Improvement
10 SEC. 351. TREATMENT OF NOTICE OF PRESUMED RISK
11 ISSUED BY MILITARY AVIATION AND INSTAL-
12 LATION ASSURANCE CLEARINGHOUSE FOR
13 REVIEW OF MISSION OBSTRUCTIONS.
14 Subparagraph (B) of paragraph (2) of subsection (C)
15 of section 183a of title 10, United States Code, is amend-
16 ed to read as follows:
17 ‘‘(B) A notice of presumed risk issued pursuant to
18 subparagraph (A) is a preliminary assessment only and
19 is not a finding of unacceptable risk under subsection (e).
20 A discussion of mitigation actions could resolve the con-
21 cerns identified by the Department in the preliminary as-
22 sessment in favor of the applicant.’’.
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1 SEC. 352. ESTABLISHMENT OF JOINT SAFETY COUNCIL.
2 (a) IN GENERAL.—Chapter 7 of title 10, United
3 States Code, is amended by inserting after section 183a
4 the following new section:
5 ‘‘§ 184. Joint Safety Council
6 ‘‘(a) IN GENERAL.—There is established, within the
7 Office of the Deputy Secretary of Defense, a Joint Safety
8 Council (in this section referred to as the ‘Council’).
9 ‘‘(b) COMPOSITION; APPOINTMENT; COMPENSA-
10 TION.—(1) The Council shall include the following voting
11 members:
12 ‘‘(A) The Vice Chief of Staff of the Army.
13 ‘‘(B) The Vice Chief of Staff of the Air Force.
14 ‘‘(C) The Vice Chief of Naval Operations.
15 ‘‘(D) The Assistant Commandant of the Marine
16 Corps.
17 ‘‘(E) The Vice Chief of Space Operations.
18 ‘‘(F) A member of the Senior Executive Service
19 from the Office of the Under Secretary of Defense
20 for Personnel and Readiness, appointed by the Dep-
21 uty Secretary of Defense.
22 ‘‘(G) A member of the Senior Executive Service
23 from the Office of the Under Secretary for Research
24 and Engineering, appointed by the Deputy Secretary
25 of Defense.
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1 ‘‘(H) A member of the Senior Executive Service
2 from the Office of the Under Secretary for Acquisi-
3 tion and Sustainment, appointed by the Deputy Sec-
4 retary of Defense.
5 ‘‘(2) The Council shall include the following non-vot-
6 ing members:
7 ‘‘(A) The Director of Safety for the Depart-
8 ment of the Army, who shall be appointed by the
9 Secretary of the Army.
10 ‘‘(B) The Director of Safety for the Depart-
11 ment of the Air Force, who shall be appointed by the
12 Secretary of the Air Force.
13 ‘‘(C) The Director of Safety for the Department
14 of the Navy, who shall be appointed by the Secretary
15 of the Navy.
16 ‘‘(D) The Deputy Assistant Secretary of De-
17 fense for Force Safety and Occupational Health, ap-
18 pointed by the Deputy Secretary of Defense as the
19 Executive Secretary.
20 ‘‘(3)(A) Members of the Council serve at the will of
21 the official who appointed them.
22 ‘‘(B) Vacancies on the Council shall be filled in the
23 same manner as the original appointment.
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1 ‘‘(4) Members of the Council may not receive addi-
2 tional pay, allowances, or benefits by reason of their serv-
3 ice on the Council.
4 ‘‘(c) CHAIR AND VICE CHAIR.—(1) The Secretary of
5 Defense, or the Secretary’s designee, shall select one of
6 the members of the Council who is a member of the armed
7 forces to serve as Chair of the Council. Unless earlier re-
8 moved, the Chair shall serve for a term of two years. The
9 Chair shall serve as the Director of Operational and
10 Training Safety for the Department of Defense.
11 ‘‘(2) The Vice Chair shall be a person appointed
12 under subsection (b) who is a member of the Senior Exec-
13 utive Service. The Vice Chair shall report to the Chair
14 and shall serve as Chair in his or her absence.
15 ‘‘(d) STAFF.—(1) The Council may appoint staff in
16 accordance with section 3101 of title 5.
17 ‘‘(2) The Council may accept persons on detail from
18 within the Department of Defense and from other Federal
19 departments or agencies on a reimbursable or non-reim-
20 bursable basis.
21 ‘‘(e) CONTRACT AUTHORITY.—The Council may
22 enter into contracts for the acquisition of administrative
23 supplies, equipment, and personnel services for use by the
24 Council, to the extent that funds are available for such
25 purposes.
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1 ‘‘(f) PROCUREMENT OF TEMPORARY AND INTERMIT-
2 TENT SERVICES.—The Chair may procure temporary and
3 intermittent services under section 3109(b) of title 5 at
4 rates for individuals which do not exceed the daily equiva-
5 lent of the annual rate of basic pay prescribed for level
6 V of the Executive Schedule under section 5316 of such
7 title.
8 ‘‘(g) DATA COLLECTION.—(1) Under regulations
9 issued by the Secretary of Defense, the Council shall have
10 access to Department of Defense databases necessary to
11 carry out its responsibilities, including causal factors to
12 be used for mishap reduction purposes.
13 ‘‘(2) Under regulations issued by the Secretary of De-
14 fense, the Council may enter into agreements with the
15 Federal Aviation Administration, the National Transpor-
16 tation Safety Board, and any other Federal agency re-
17 garding the sharing of safety data.
18 ‘‘(h) MEETINGS.—The Council shall meet quarterly
19 and at the call of the Chair.
20 ‘‘(i) DUTIES.—The Council shall carry out the fol-
21 lowing responsibilities:
22 ‘‘(1) Subject to subsection (j), issuing, pub-
23 lishing, and updating regulations related to joint
24 safety, including regulations on the reporting and in-
25 vestigation of mishaps.
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1 ‘‘(2) Establishing uniform data collection stand-
2 ards, a centralized collection system for mishaps in
3 the Department of Defense, and a process for safe-
4 guarding sensitive data and information where ap-
5 propriate.
6 ‘‘(3) Reviewing the compliance of each military
7 department in adopting and using the uniform data
8 collection standards established under paragraph
9 (2).
10 ‘‘(4) Reviewing mishap data to assess, identify,
11 and prioritize risk mitigation efforts and safety im-
12 provement efforts across the Department.
13 ‘‘(5) Establishing standards and requirements
14 for the collection of equipment, simulator, training,
15 pilot, and operator data.
16 ‘‘(6) Establishing requirements for each mili-
17 tary department to collect and analyze any waivers
18 issued relating to pilot or operator qualifications or
19 standards.
20 ‘‘(7) Establishing, in consultation with the
21 heads of other Federal departments and agencies, as
22 appropriate, a requirement for each military depart-
23 ment to implement a safety management system.
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1 ‘‘(8) Reviewing the safety management system
2 of each military department and the implementation
3 of such systems.
4 ‘‘(9) Reviewing and assessing civilian and com-
5 mercial safety programs and practices to determine
6 the suitability of such programs for implementation
7 in the Department.
8 ‘‘(10) Establishing a requirement for each mili-
9 tary department to implement a system to monitor
10 recommendations made in safety and legal investiga-
11 tion reports to ensure implementation of corrective
12 actions.
13 ‘‘(11) Reviewing and providing feedback on the
14 investments of the military departments in techno-
15 logical solutions for safety and mishap prevention.
16 ‘‘(j) REVIEW.—The decisions and recommendations
17 of the Council are subject to review and approval by the
18 Deputy Secretary of Defense.
19 ‘‘(k) REPORT.—The Chair of the Council shall sub-
20 mit to the congressional defense committees semi-annual
21 reports on the activities of the Council.’’.
22 (b) CLERICAL AMENDMENT.—The table of sections
23 at the beginning of such chapter is amended by inserting
24 after the item relating to section 183a the following new
25 item:
‘‘184. Joint Safety Council.’’.
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1 SEC. 353. MISHAP INVESTIGATION REVIEW BOARD.
2 (a) PROPOSAL FOR ESTABLISHMENT OF BOARD.—
3 The Deputy Secretary of Defense shall develop a proposal
4 for the establishment of a Mishap Investigation Review
5 Board (in this section referred to as the ‘‘Board’’) to pro-
6 vide independent oversight and review of safety and legal
7 investigations into the facts and circumstances sur-
8 rounding operational and training mishaps. The proposal
9 shall include recommendations relating to—
10 (1) the size and composition of the Board;
11 (2) the process by which the Board would
12 screen mishap investigations to identify unsatisfac-
13 tory, biased, incomplete, or insufficient investiga-
14 tions requiring subsequent review by the Board, in-
15 cluding whether the Board should review investiga-
16 tions meeting a predetermined threshold (such as all
17 fatal mishaps or all Class A mishaps);
18 (3) the process by which the military depart-
19 ments, the Joint Safety Council established under
20 section 352, and other components of the Depart-
21 ment of Defense could refer pending or completed
22 safety and legal investigations to the Board for re-
23 view;
24 (4) the process by which the Board would
25 evaluate a particular safety or legal investigation for
26 accuracy, thoroughness, and objectivity;
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1 (5) the requirements for and process by which
2 the convening component of an investigation re-
3 viewed by the Board should address the findings of
4 the Board’s review of that particular investigation;
5 (6) proposed procedures for safeguarding sen-
6 sitive information collected during the investigation
7 review process; and
8 (7) how and when the Board would be required
9 to report to the Deputy Secretary of Defense and
10 the Joint Safety Council established under section
11 352 on the activities of the Board, the outcomes of
12 individual investigation reviews performed by the
13 Board, and the assessment of the Board regarding
14 cross-cutting themes and trends identified by those
15 reviews.
16 (b) REPORT.—Not later than 180 days after the date
17 of the enactment of this Act, the Deputy Secretary of De-
18 fense shall submit to the congressional defense committee
19 the proposal required by subsection (a) and a timeline for
20 establishing the Board.
21 SEC. 354. IMPLEMENTATION OF COMPTROLLER GENERAL
22 RECOMMENDATIONS ON PREVENTING TAC-
23 TICAL VEHICLE TRAINING ACCIDENTS.
24 (a) PLAN REQUIRED.—Not later than 180 days after
25 the date of the enactment of this Act, each Secretary con-
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1 cerned shall submit to the congressional defense commit-
2 tees and to the Comptroller General of the United States
3 a plan to address the recommendations in the report of
4 the Government Accountability Office entitled ‘‘Army and
5 Marine Corps Should Take Additional Actions to Mitigate
6 and Prevent Training Accidents’’ (GAO–21–361). Each
7 such plan shall include, with respect to each recommenda-
8 tion in such report that the Secretary concerned has im-
9 plemented or intends to implement—
10 (1) a summary of actions that have been or will
11 be taken to implement the recommendation; and
12 (2) a schedule, with specific milestones, for
13 completing implementation of the recommendation.
14 (b) DEADLINE FOR IMPLEMENTATION.—
15 (1) IN GENERAL.—Except as provided in para-
16 graph (2), not later than 18 months after the date
17 of the enactment of this Act, each Secretary con-
18 cerned shall carry out activities to implement the
19 plan of the Secretary developed under subsection
20 (a).
21 (2) EXCEPTION FOR IMPLEMENTATION OF CER-
22 TAIN RECOMMENDATIONS.—
23 (A) DELAYED IMPLEMENTATION.—A Sec-
24 retary concerned may initiate implementation of
25 a recommendation in the report referred to in
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1 subsection (a) after the date specified in para-
2 graph (1) if, on or before such date, the Sec-
3 retary provides to the congressional defense
4 committees a specific justification for the delay
5 in implementation of such recommendation.
6 (B) NONIMPLEMENTATION.—A Secretary
7 concerned may decide not to implement a rec-
8 ommendation in the report referred to in sub-
9 section (a) if, on or before the date specified in
10 paragraph (1), the Secretary provides to the
11 congressional defense committees—
12 (i) a specific justification for the deci-
13 sion not to implement the recommendation;
14 and
15 (ii) a summary of alternative actions
16 the Secretary plans to take to address the
17 conditions underlying the recommendation.
18 (c) SECRETARY CONCERNED.—In this section, the
19 term ‘‘Secretary concerned’’ means—
20 (1) the Secretary of the Army, with respect to
21 the Army; and
22 (2) the Secretary of the Navy, with respect to
23 the Navy.
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1 SEC. 355. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY
2 DATA COLLECTION.
3 (a) IN GENERAL.—Not later than one year after the
4 date of the enactment of this Act, the Secretary of the
5 Army and the Secretary of the Navy shall jointly carry
6 out a pilot program to evaluate the feasibility of using
7 data recorders to monitor, assess, and improve the readi-
8 ness and safety of the operation of military tactical vehi-
9 cles.
10 (b) PURPOSES.—The purposes of the pilot program
11 are—
12 (1) to allow for the automated identification of
13 hazards and potential hazards on and off military
14 installations;
15 (2) to mitigate and increase awareness of haz-
16 ards and potential hazards on and off military in-
17 stallations;
18 (3) to identify near-miss accidents;
19 (4) to create a standardized record source for
20 accident investigations;
21 (5) to assess individual driver proficiency, risk,
22 and readiness;
23 (6) to increase consistency in the implementa-
24 tion of military installation and unit-level range safe-
25 ty programs across military installations and units;
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1 (7) to evaluate the feasibility of incorporating
2 metrics generated from data recorders into the safe-
3 ty reporting systems and to the Defense Readiness
4 Reporting System as a measure of assessing safety
5 risks, mitigations, and readiness;
6 (8) to determine the costs and benefits of retro-
7 fitting data recorders on legacy platforms and in-
8 cluding data recorders as a requirement in acquisi-
9 tion of military tactical vehicles; and
10 (9) any other matters as determined by the
11 Secretary concerned.
12 (c) REQUIREMENTS.—In carrying out the pilot pro-
13 gram, the Secretaries shall—
14 (1) assess the feasibility of using commercial
15 technology, such as smartphones or technologies
16 used by insurance companies, as a data recorder;
17 (2) test and evaluate a minimum of two data
18 recorders that meet the pilot program requirements;
19 (3) select a data recorder capable of collecting
20 and exporting the telemetry data, event data, and
21 driver identification during operation and accidents;
22 (4) install and maintain a data recorder on a
23 sufficient number of each of the covered military
24 tactical vehicles under subsection (f) at selected in-
25 stallations for statistically significant results;
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1 (5) establish and maintain a database that con-
2 tains telemetry data, driver data, and event data
3 captured by the data recorder;
4 (6) regularly generate for each installation
5 under the pilot program a dataset that is viewable
6 in widely available mapping software of hazards and
7 potential hazards based on telemetry data and event
8 data captured by the data recorders;
9 (7) generate actionable data sets and statistics
10 on individual, vehicle, and military installation;
11 (8) require commanders at the covered military
12 installations to incorporate the actionable data sets
13 and statistics into the installation range safety pro-
14 gram;
15 (9) require unit commanders at the covered
16 military installations to incorporate the actionable
17 data sets and statistics into unit driver safety pro-
18 gram;
19 (10) evaluate the feasibility of integrating data
20 sets and statistics to improve driver certification and
21 licensing based on data recorded and generated by
22 the data recorders;
23 (11) use open architecture to the maximum ex-
24 tent practicable; and
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1 (12) any other activities determined by the Sec-
2 retary as necessary to meet the purposes under sub-
3 section (b).
4 (d) IMPLEMENTATION PLAN.—Not later than 180
5 days after the date of the enactment of this Act, the Secre-
6 taries shall develop a plan for implementing the pilot pro-
7 gram required under this section.
8 (e) LOCATIONS.—Each Secretary concerned shall
9 carry out the pilot program at not fewer than one military
10 installation in the United States that meets the following
11 conditions:
12 (1) Contains the necessary force structure,
13 equipment, and maneuver training ranges to collect
14 driver and military tactical vehicle data during train-
15 ing and routine operation.
16 (2) Represents at a minimum one of the five
17 training ranges identified in the study by the Comp-
18 troller General of the United States titled ‘‘Army
19 and Marine Corps Should Take Additional Actions
20 to Mitigate and Prevent Training Accidents’’ that
21 did not track unit location during the training
22 events.
23 (f) COVERED MILITARY TACTICAL VEHICLES.—The
24 pilot program shall cover the following military tactical ve-
25 hicles:
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1 (1) Army Strykers.
2 (2) Marine Corps Light Armored Vehicles.
3 (3) Army Medium Tactical Vehicles.
4 (4) Marine Corps Medium Tactical Vehicle Re-
5 placements.
6 (g) METRICS.—The Secretaries shall develop metrics
7 to evaluate the pilot program’s effectiveness in monitoring,
8 assessing, and improving vehicle safety, driver readiness,
9 and mitigation of risk.
10 (h) REPORTS.—
11 (1) INITIAL.—Not later than 180 days after the
12 date of the enactment of this Act under this section,
13 the Secretaries shall jointly submit to the congres-
14 sional defense committees a report on the pilot pro-
15 gram, addressing the plan for implementing the re-
16 quirements in subsection (c), including the estab-
17 lished metrics under subsection (g).
18 (2) INTERIM.—Not later than three years after
19 the commencement of the pilot program, the Secre-
20 taries shall jointly submit to the congressional de-
21 fense committees a report on the status of the pilot
22 program, including the preliminary results in car-
23 rying out the pilot program, the metrics generated
24 during the pilot program, disaggregated by military
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1 tactical vehicle, location, and service, and the imple-
2 mentation plan under subsection (d).
3 (3) FINAL.—Not later than 90 days after the
4 termination of the pilot program, the Secretaries
5 shall jointly submit to the congressional defense
6 committees a report on the results of the program.
7 The report shall—
8 (A) assess the pilot program’s effectiveness
9 in meeting the purposes under subsection (b);
10 (B) include the metrics generated during
11 the pilot program, disaggregated by military
12 tactical vehicle, location, and service;
13 (C) include the views of range personnel,
14 unit commanders, and members of the Armed
15 Forces involved in the pilot program on the
16 level of effectiveness of the technology selected;
17 (D) provide a cost estimate for equipping
18 legacy military tactical vehicles with data re-
19 corders;
20 (E) determine the instances in which data
21 recorders should be a requirement in the acqui-
22 sition of military tactical vehicles;
23 (F) recommend whether the pilot program
24 should be expanded or made into a program of
25 record; and
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1 (G) recommend any statutory, regulatory,
2 or policy changes required to support the pur-
3 poses under subsection (b).
4 (i) TERMINATION.—The authority to carry out the
5 pilot program under subsection (a) shall terminate five
6 years after the date of the enactment of this Act.
7 (j) DEFINITIONS.—In this section:
8 (1) The term ‘‘accident’’ means a collision, roll-
9 over, or other mishap involving a motor vehicle.
10 (2) The term ‘‘data recorder’’ means tech-
11 nologies installed in a motor vehicle to record driver
12 identification, telemetry data, and event data related
13 to the operation of such motor vehicle.
14 (3) The term ‘‘driver identification’’ means data
15 enabling the unique identification of the driver oper-
16 ating the motor vehicle.
17 (4) The term ‘‘event data’’ includes data related
18 to—
19 (A) the start and conclusion of each vehicle
20 operation;
21 (B) a vehicle accident;
22 (C) a vehicle acceleration, velocity, or loca-
23 tion with an increased potential for an accident;
24 or
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1 (D) a vehicle orientation with an increased
2 potential for an accident.
3 (5) The term ‘‘Secretary concerned’’ means—
4 (A) the Secretary of the Army with respect
5 to matters concerning the Army; and
6 (B) the Secretary of the Navy with respect
7 to matters concerning the Navy and Marine
8 Corps.
9 (6) The term ‘‘telemetry data’’ includes—
10 (A) time;
11 (B) vehicle distance traveled;
12 (C) vehicle acceleration and velocity;
13 (D) vehicle orientation, including roll,
14 pitch, and yaw; and
15 (E) vehicle location in a geographic coordi-
16 nate system, including elevation.
17 SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL
18 RECOMMENDATIONS RELATING TO MITIGA-
19 TION AND PREVENTION OF TRAINING ACCI-
20 DENTS.
21 (a) REQUIREMENTS.—The Secretary of the Defense
22 shall take such steps as may be necessary to carry out
23 the following with respect to the Army, Navy, Marine
24 Corps, and Air Force:
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1 (1) To develop more clearly defined roles for ve-
2 hicle commanders and establish mechanisms and
3 procedures for tactical vehicle risk management to
4 be used by first-line supervisors, including vehicle
5 commanders.
6 (2) To evaluate the number of personnel within
7 operational units who are responsible for tactical ve-
8 hicle safety and determine if these units are appro-
9 priately staffed, or if any adjustments are needed to
10 workloads or resource levels to implement oper-
11 ational unit ground-safety programs.
12 (3) To ensure that tactical vehicle driver train-
13 ing programs, including licensing, unit, and follow-
14 on training programs, have a well-defined process
15 with specific performance criteria and measurable
16 standards to identify driver skills and experience
17 under diverse conditions.
18 (4) To evaluate—
19 (A) the extent to which ranges and train-
20 ing areas are fulfilling responsibilities to iden-
21 tify and communicate hazards to units; and
22 (B) to the extent to which such responsibil-
23 ities are not being carried out, whether existing
24 solutions are adequate or if additional resources
25 should be applied to fulfill such responsibilities.
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1 (b) CONSULTATION REQUIREMENT.—The Secretary
2 of the Army, the Secretary of the Navy, the Secretary of
3 the Air Force, and the Commandant of the Marine Corps
4 shall jointly establish a formal collaboration forum among
5 Army, Navy, Air Force, and Marine Corps range officials
6 through which such officials shall share methods for iden-
7 tifying and communicating hazards to units.
8 Subtitle E—Reports
9 SEC. 361. INCLUSION OF INFORMATION REGARDING BOR-
10 ROWED MILITARY MANPOWER IN READINESS
11 REPORTS.
12 (a) IN GENERAL.—Section 482(b) of title 10, United
13 States Code, is amended—
14 (1) by redesignating paragraph (10) as para-
15 graph (11); and
16 (2) by inserting after paragraph (9) the fol-
17 lowing new paragraph (10):
18 ‘‘(11) Information regarding—
19 ‘‘(A) the extent to which any member of
20 the armed forces is diverted, temporarily as-
21 signed, or detailed outside the member’s as-
22 signed unit or away from training in order to
23 perform any function that had been performed
24 by civilian employees of the Federal Govern-
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1 ment or by contractors prior to such diversion,
2 temporary assignment, or detail; and
3 ‘‘(B) whether such function is within the
4 scope of the skills required for the military oc-
5 cupational specialty of such member of the
6 armed forces.’’.
7 SEC. 362. ANNUAL REPORT ON MISSING, LOST, AND STOLEN
8 WEAPONS, LARGE AMOUNTS OF AMMUNI-
9 TION, DESTRUCTIVE DEVICES, AND EXPLO-
10 SIVE MATERIAL.
11 (a) IN GENERAL.—Section 2722 of title 10, United
12 States Code, is amended—
13 (1) in the section heading, by striking ‘‘report
14 to Secretary of the Treasury’’ and inserting
15 ‘‘reporting requirements’’;
16 (2) in subsection (a), by inserting ‘‘and the Di-
17 rector of the Bureau of Alcohol, Tobacco, and Fire-
18 arms’’ after ‘‘Secretary of the Treasury’’;
19 (3) by redesignating subsection (c) as sub-
20 section (d); and
21 (4) by inserting after subsection (b) the fol-
22 lowing new subsection (c):
23 ‘‘(c) ANNUAL REPORT.—Not later than December 31
24 each year, the Secretary shall submit to the congressional
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1 defense committees a report that includes, for the pre-
2 ceding year—
3 ‘‘(1) all instances of missing, lost, or stolen
4 weapons, large amounts of ammunition, destructive
5 devices, or explosive material from the stocks of the
6 Department of Defense;
7 ‘‘(2) for each item identified under paragraph
8 (1), the type, quantity, and serial number, broken
9 down by armed force and component; and
10 ‘‘(3) such other information the Secretary de-
11 termines appropriate.’’.
12 (b) CLERICAL AMENDMENT.—The table of sections
13 at the beginning of chapter 161 of such title is amended
14 by striking the item relating to section 2722 and inserting
15 the following new item:
‘‘2722. Theft or loss of ammunition, destructive devices, and explosives: report-
ing requirements.’’.
16 SEC. 363. ANNUAL REPORT ON MATERIAL READINESS OF
17 NAVY SHIPS.
18 Section 8674(d) of title 10, United States Code is
19 amended—
20 (1) in paragraph (1)—
21 (A) by striking ‘‘submit to the’’ and insert-
22 ing ‘‘provide to the’’;
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1 (B) by inserting ‘‘a briefing and submit to
2 such committees’’ after ‘‘congressional defense
3 committees’’; and
4 (C) by striking ‘‘setting forth’’ and insert-
5 ing ‘‘regarding’’;
6 (2) in paragraph (2)—
7 (A) by striking ‘‘in an unclassified form
8 that is releasable to the public without further
9 redaction.’’ and inserting ‘‘in—’’; and
10 (B) by adding at the end the following new
11 subparagraphs:
12 ‘‘(A) a classified form that shall be available
13 only to the congressional defense committees; and
14 ‘‘(B) an unclassified form that is releasable to
15 the public without further redaction’’; and
16 (3) by striking paragraph (3).
17 SEC. 364. STRATEGY AND ANNUAL REPORT ON CRITICAL
18 LANGUAGE PROFICIENCY OF SPECIAL OPER-
19 ATIONS FORCES.
20 (a) FIVE-YEAR STRATEGY.—
21 (1) STRATEGY REQUIRED.—Not later than 180
22 days after the date of the enactment of this Act, the
23 Assistant Secretary of Defense for Special Oper-
24 ations and Low-Intensity Conflict shall submit to the
25 congressional defense committees a five-year strat-
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1 egy to support the efforts of the Secretaries con-
2 cerned to identify individuals who have proficiency in
3 a critical language and to recruit and retain such in-
4 dividuals in the special operations forces of Armed
5 Forces.
6 (2) ELEMENTS.—The strategy under paragraph
7 (1) shall include the following:
8 (A) A baseline of foreign language pro-
9 ficiency requirements to be implemented within
10 the special operations forces, disaggregated by
11 Armed Force and by critical language.
12 (B) Annual recruitment targets for the
13 number of candidates with demonstrated pro-
14 ficiency in a critical language to be selected for
15 participation in the initial assessment and qual-
16 ification programs of the special operations
17 forces.
18 (C) A description of current and planned
19 efforts of the Secretaries concerned and the As-
20 sistant Secretary to meet such annual recruit-
21 ment targets.
22 (D) A description of any training programs
23 used to enhance or maintain foreign language
24 proficiency within the special operations forces,
25 including any non-governmental programs used.
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1 (E) An annual plan (for each of the five
2 years covered by the strategy) to enhance and
3 maintain foreign language proficiency within
4 the special operations forces of each Armed
5 Force.
6 (F) An annual plan (for each of the five
7 years covered by the strategy) to retain mem-
8 bers of the special operation forces of each
9 Armed Force who have proficiency in a foreign
10 language.
11 (G) A description of current and projected
12 capabilities and activities that the Assistant
13 Secretary determines are necessary to maintain
14 proficiency in critical languages within the spe-
15 cial operations forces.
16 (H) A plan to implement a training pro-
17 gram for members of the special operations
18 forces who serve in positions that the Assistant
19 Secretary determines require proficiency in a
20 critical language to support the Department of
21 Defense in strategic competition.
22 (b) ANNUAL REPORT.—
23 (1) REPORTS REQUIRED.—Not later than De-
24 cember 31, 2022, and annually thereafter until De-
25 cember 31, 2027, the Assistant Secretary of Defense
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1 for Special Operations and Low-Intensity Conflict
2 shall submit to the congressional defense committees
3 a report on the recruitment, training, and retention
4 of members of the special operations forces who have
5 proficiency in a critical language.
6 (2) ELEMENTS.—Each report under paragraph
7 (1) shall include, with respect to the year for which
8 the report is submitted, the following information:
9 (A) The number of candidates with dem-
10 onstrated proficiency in a critical language who
11 have been selected for participation in the ini-
12 tial assessment and qualification programs of
13 the special operations forces, disaggregated by
14 Armed Force of which the special operations
15 force is a component.
16 (B) A description of any variance between
17 the number specified in subparagraph (A) and
18 the recruitment target specified in the strategy
19 under subsection (a)(2)(B) for the cor-
20 responding year, including a justification for
21 any such variance.
22 (C) As compared to the total number of
23 members of the special operations forces—
24 (i) the percentage of such members
25 who have maintained proficiency in a crit-
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1 ical language, disaggregated by Armed
2 Force;
3 (ii) the percentage of such members
4 who are enrolled in a critical language
5 training program, disaggregated by Armed
6 Force and by critical language; and
7 (iii) the average proficiency rating re-
8 ceived by such members with respect to
9 each critical language, disaggregated by
10 Armed Force.
11 (D) As compared to the total number of
12 members of the special operations force of each
13 Armed Force who are assigned to a unit with
14 the primary mission of advising foreign mili-
15 taries—
16 (i) the percentage of such members
17 who maintain proficiency in a foreign lan-
18 guage relevant to such mission; and
19 (ii) the percentage of such members
20 who are enrolled in a foreign language
21 training program relevant to such mission.
22 (E) As compared to the required baseline
23 specified in the strategy under subsection
24 (a)(2)(A), the percentage of members of the
25 special operations force who have proficiency in
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1 a critical language, disaggregated by Armed
2 Force and by critical language.
3 (F) A description of any gaps in foreign
4 language training identified by the Assistant
5 Secretary with respect to the special operations
6 forces.
7 (c) DEFINITIONS.—In this section:
8 (1) The term ‘‘critical language’’ means a lan-
9 guage identified by the Director of the National Se-
10 curity Education Program as critical to national se-
11 curity.
12 (2) The term ‘‘proficiency’’ means proficiency
13 in a language, as assessed by the Defense Language
14 Proficiency Test.
15 (3) The term ‘‘Secretary concerned’’ has the
16 meaning given such term in section 101 of title 10,
17 United States Code.
18 (4) The term ‘‘special operations forces’’ means
19 forces described under section 167(j) of title 10,
20 United States Code.
21 SEC. 365. REPORT AND BRIEFING ON APPROACH FOR CER-
22 TAIN PROPERTIES AFFECTED BY NOISE
23 FROM MILITARY FLIGHT OPERATIONS.
24 (a) BRIEFING.—Not later than 180 days after the
25 date of enactment of this Act, the Secretary of Defense
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1 shall provide to the congressional defense committees a
2 briefing on the use and applicability of the Air Installa-
3 tions Compatible Use Zones program to support noise
4 mitigation and insulation efforts for fixed wing aircraft,
5 including any such efforts funded under grants from the
6 Office of Local Defense Community Cooperation.
7 (b) MATTERS.—The briefing under subsection (a)
8 shall include a discussion of the following:
9 (1) Changes to current practices regarding Air
10 Installations Compatible Use Zones that are nec-
11 essary to support noise mitigation and insulation ef-
12 forts relating to existing covered facilities.
13 (2) The number of fixed wing aircraft facilities
14 covered by existing Air Installations Compatible Use
15 Zones studies.
16 (3) The proportion of existing Air Installations
17 Compatible Use Zones studies that accurately reflect
18 current and reasonably foreseeable fixed wing avia-
19 tion activity.
20 (4) Expected timelines for each military depart-
21 ment to develop and update all Air Installations
22 Compatible Use Zones studies to reflect current and
23 reasonably foreseeable fixed wing activity.
24 (5) An approximate number of covered facilities
25 anticipated to be within the 65 dB day–night aver-
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1 age sound level for installations with existing Air In-
2 stallations Compatible Use Zones studies, including
3 such facilities specifically located in crash zones or
4 accident potential zones.
5 (6) An assessment of the viability of making eli-
6 gibility to receive funding for noise mitigation and
7 insulation efforts contingent on the completion of
8 certain measures to ensure compatibility of civilian
9 land use activity with Air Installations Compatible
10 Use Zones conclusions.
11 (7) Any barriers to the timely review and gen-
12 eration of Air Installations Compatible Use Zones
13 studies, including with respect to staffing and gaps
14 in authorities.
15 (8) The estimated cost to develop and update
16 required Air Installations Compatible Use Zones
17 practices and studies.
18 (9) Future opportunities to consult with local
19 communities affected by noise from military flight
20 operations.
21 (c) REPORT.—Not later than one year after the date
22 of enactment of this Act, the Secretary shall submit to
23 the congressional defense committees a report on the final
24 outcome of the update process with respect to Air Installa-
25 tions Compatible Use Zones program. Such report shall
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1 include further details and analysis with respect to each
2 matter specified in subsection (b).
3 (d) DEFINITIONS.—In this section:
4 (1) The term ‘‘Air Installations Compatible Use
5 Zones program’’ has the meaning given such term in
6 Department of Defense Instruction 4165.57.
7 (2) The term ‘‘covered facility’’ means any—
8 (A) private residence;
9 (B) hospital;
10 (C) daycare facility;
11 (D) school; or
12 (E) facility the primary purpose of which
13 is to serve senior citizens.
14 SEC. 366. STUDY ON USE OF MILITARY RESOURCES TO
15 TRANSPORT CERTAIN INDIVIDUALS AND EF-
16 FECT ON MILITARY READINESS.
17 (a) STUDY.—The Secretary of Defense shall—
18 (1) conduct a study examining the effect on
19 military readiness of using Department of Defense
20 resources to transport covered individuals; and
21 (2) submit to Congress a report containing the
22 findings of such study.
23 (b) COVERED INDIVIDUAL DEFINED.—In this sec-
24 tion, the term ‘‘covered individual’’ means an individual
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1 who has crossed the southern border of the United States
2 without authorization.
3 SEC. 367. REPORT AND BRIEFING ON PROJECT PELE MO-
4 BILE NUCLEAR MICROREACTORS.
5 (a) BRIEFING.—Not later than 180 days after the
6 date of enactment of this Act, the Director of the Strategic
7 Capabilities Office of the Department of Defense, in co-
8 ordination with the Secretary of Energy, shall provide to
9 the congressional defense committees a briefing on the de-
10 velopment, and current and predicted progress, of the
11 ‘‘Project Pele’’ effort to design, build, and demonstrate a
12 prototype mobile nuclear microreactor.
13 (b) MATTERS.—The briefing under section (a) shall
14 include a discussion of the following:
15 (1) Changes to previous deployment rationales
16 or strategies.
17 (2) Proposed deployment locations for mobile
18 nuclear microreactors, both domestically and abroad.
19 (3) The safety and regulatory requirements of
20 the proposed mobile nuclear microreactors, both do-
21 mestically and abroad.
22 (4) The need for mobile nuclear microreactors
23 to meet the energy needs of expeditionary and defen-
24 sive requirements of the Department of Defense, in-
25 cluding with respect to electric combat vehicles, and
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1 the ability of mobile nuclear microreactors to ade-
2 quately meet such needs.
3 (5) The safety concerns and precautions relat-
4 ing to the transfer of mobile nuclear microreactors.
5 (6) The safety concerns and precautions relat-
6 ing to the demonstration of the deployment of mo-
7 bile nuclear microreactors, including by air, before
8 and after the irradiation of nuclear fuel.
9 (7) Opportunities to consult with local commu-
10 nities potentially affected by the deployment, or the
11 demonstration of the deployment, of mobile nuclear
12 microreactors.
13 (8) Security concerns related to potential adver-
14 sarial attacks on deployed mobile nuclear microreac-
15 tors or adversarial seizing of mobile nuclear micro-
16 reactors, and the radioactive fuel therein, for use in
17 radiological weapons.
18 (c) REPORT.—Not later than one year after the date
19 of enactment of this Act, the Director shall submit to the
20 congressional defense committees a report on the current
21 progress of the ‘‘Project Pele’’ effort described in sub-
22 section (a) that addresses each of the matters under sub-
23 section (b).
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1 Subtitle F—Other Matters
2 SEC. 371. BUDGET JUSTIFICATION FOR OPERATION AND
3 MAINTENANCE.
4 (a) SUBACTIVITY GROUP BY FUTURE YEARS.—Sec-
5 tion 233 of title 10, United States Code, is amended—
6 (1) by redesignating subsection (c) as sub-
7 section (e); and
8 (2) by inserting after subsection (b) the fol-
9 lowing new subsection (c):
10 ‘‘(c) SUBACTIVITY GROUPS.—The Secretary of De-
11 fense, in consultation with the Secretary of each of the
12 military departments, shall include in the materials sub-
13 mitted to Congress by the Secretary of Defense in support
14 of the President’s budget, in an unclassified format, the
15 total amount projected for each individual subactivity
16 group, as detailed in the future years defense program
17 pursuant to section 221 of this title.’’.
18 (b) BUDGET SUBMISSION DISPLAY.—Section 233 of
19 title 10, United States Code, is further amended by insert-
20 ing after subsection (c), as added by subsection (a), the
21 following new subsection:
22 ‘‘(d) BUDGET DISPLAY.—The Secretary of Defense,
23 in consultation with the Secretary of each of the military
24 departments, shall include in the O&M justification docu-
25 ments a budget display to provide for discussion and eval-
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1 uation of the resources required to meet material readi-
2 ness objectives, as identified in the metrics required by
3 section 118 of this title, together with any associated risks
4 to the supply chain. For each major weapon system, by
5 designated mission design series, variant, or class, the
6 budget display required under this subsection for the
7 budget year shall include each of the following:
8 ‘‘(1) The material availability objective estab-
9 lished in accordance with the requirements of section
10 118 of this title.
11 ‘‘(2) The funds obligated by subactivity group
12 within the operation and maintenance accounts for
13 the second fiscal year preceding the budget year for
14 the purpose of achieving the material readiness ob-
15 jectives identified in accordance with section 118 of
16 this title.
17 ‘‘(3) The funds estimated to be obligated by
18 subactivity group within the operation and mainte-
19 nance accounts for the fiscal year preceding the
20 budget year for the purpose of achieving the mate-
21 rial readiness objectives identified in accordance with
22 section 118 of this title.
23 ‘‘(4) The funds budgeted and programmed
24 across the future years defense program within the
25 operation and maintenance accounts by subactivity
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1 group for the purpose of achieving the material
2 readiness objectives identified in accordance with
3 section 118 of this title.
4 ‘‘(5) A narrative discussing the performance of
5 the Department against established material readi-
6 ness objectives for each major weapon system by
7 mission design series, variant, or class.’’.
8 (c) IMPLEMENTATION DEADLINE.—The Secretary of
9 Defense shall ensure that the budget display requirements
10 required under the amendments made by this section are
11 included in the budget request for fiscal year 2023 and
12 all fiscal years thereafter.
13 (d) CONFORMING REPEAL.—Section 357 of the John
14 S. McCain National Defense Authorization Act for Fiscal
15 Year 2019 (Public Law 115–232; 10 U.S.C. 221 note) is
16 repealed.
17 SEC. 372. IMPROVEMENTS AND CLARIFICATIONS RELATED
18 TO MILITARY WORKING DOGS.
19 (a) PROHIBITION ON CHARGE FOR TRANSFER OF
20 MILITARY ANIMALS.—Subsection (d) of section 2583 of
21 title 10, United States Code, is amended by striking
22 ‘‘may’’ and inserting ‘‘shall’’.
23 (b) INCLUSION OF MILITARY WORKING DOGS IN
24 CERTAIN RESEARCH AND PLANS.—
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1 (1) RESEARCH UNDER JOINT TRAUMA EDU-
2 CATION AND TRAINING DIRECTORATE.—Subsection
3 (b) of section 708 of the National Defense Author-
4 ization Act for Fiscal Year 2017 (Public Law 114–
5 328; 10 U.S.C. 1071 note) is amended—
6 (A) in paragraph (7), by striking ‘‘of mem-
7 bers of the Armed Forces’’ and inserting ‘‘with
8 respect to both members of the Armed Forces
9 and military working dogs’’; and
10 (B) by striking paragraph (9) and insert-
11 ing the following new paragraph:
12 ‘‘(9) To inform and advise the conduct of re-
13 search on the leading causes of morbidity and mor-
14 tality of members of the Armed Forces and military
15 working dogs in combat.’’.
16 (2) VETERINARIANS IN PERSONNEL MANAGE-
17 MENT PLAN.—Subsection (d)(1) of such section is
18 amended—
19 (A) by redesignating subparagraph (F) as
20 subparagraph (G); and
21 (B) by inserting after subparagraph (E)
22 the following new subparagraph:
23 ‘‘(F) Veterinary services.’’.
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1 SEC. 373. MANAGEMENT OF FATIGUE AMONG CREW OF
2 NAVAL SURFACE SHIPS AND RELATED IM-
3 PROVEMENTS.
4 (a) REQUIREMENT.—The Secretary of the Navy shall
5 implement each recommendation for executive action set
6 forth in the report of the Government Accountability Of-
7 fice titled ‘‘Navy Readiness: Additional Efforts Are Need-
8 ed to Manage Fatigue, Reduce Crewing Shortfalls, and
9 Implement Training’’ (GAO–21–366).
10 (b) REPORT.—Not later than one year after the date
11 of the enactment of this Act, the Secretary of the Navy
12 shall submit to the congressional defense committees and
13 the Comptroller General a report on the status of actions
14 taken by the Secretary to monitor crew fatigue and ensure
15 equitable fatigue management throughout the naval sur-
16 face ship fleet in accordance with subparagraph (a). Such
17 report shall include the following:
18 (1) An assessment of the extent of crew fatigue
19 throughout the naval surface ship fleet.
20 (2) A description of the metrics used to assess
21 the extent of fatigue pursuant to paragraph (1).
22 (3) An identification of results-oriented goals
23 for effective fatigue management.
24 (4) An identification of timeframes for achiev-
25 ing the goals identified pursuant to paragraph (3).
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1 (c) COMPTROLLER GENERAL ASSESSMENT.—Not
2 later than 90 days after the date on which the Comptroller
3 General receives the report under subsection (b), the
4 Comptroller General shall brief the congressional defense
5 committees on the extent to which the actions and goals
6 described in the report meet the requirements of sub-
7 section (a).
8 SEC. 374. AUTHORITY TO ESTABLISH CENTER OF EXCEL-
9 LENCE FOR RADAR SYSTEMS AND COM-
10 PLEMENTARY WORKFORCE AND EDUCATION
11 PROGRAMS.
12 (a) AUTHORITY.—The Secretary of Defense may es-
13 tablish a Center of Excellence for radar systems and com-
14 plementary workforce and education programs.
15 (b) FUNCTIONS.—If the Secretary establishes the
16 Center authorized under subsection (a), such Center shall
17 be designed to further the expertise of the Department
18 of Defense in the repair, sustainment, and support of
19 radar systems, as identified by the Joint Radar Industrial
20 Base Working Group and the Radar Supplier Resiliency
21 Plan, by conducting the following activities, as appro-
22 priate:
23 (1) Facilitating collaboration among academia,
24 the Department, and the commercial radar industry,
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1 including radar system repair and sustainment fa-
2 cilities.
3 (2) Establishing goals for research in areas of
4 study relevant to advancing technology and facili-
5 tating better understanding of the necessity of radar
6 systems in the growing development and reliance on
7 automated and complex defense systems, including
8 continuing education and training.
9 (3) Establishing at any institution of higher
10 education with which the Secretary enters into an
11 agreement under subsection (c) such activities as are
12 necessary to develop and meet the requirements of
13 the Department.
14 (4) Increasing communications with radar sys-
15 tems subject-matter experts in industry to learn and
16 support state-of-the-art operational practices, espe-
17 cially studied future needs of the Department re-
18 lated to autonomous systems.
19 (c) ELIGIBLE PARTICIPANTS.—If the Secretary es-
20 tablishes the Center authorized under subsection (a)—
21 (1) the Secretary may enter into an agreement
22 with one or more institutions of higher education to
23 provide for joint operation of the Center; and
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1 (2) the Center may partner with nonprofit insti-
2 tutions and private industry with expertise in radar
3 systems to further the mission of the Center.
4 (d) LOCATION.—If the Secretary establishes the Cen-
5 ter authorized under subsection (a), in determining the lo-
6 cation of the Center, the Secretary shall take into account
7 the proximity to existing radar system facilities capable
8 of efficiently facilitating partnership between the Depart-
9 ment, industry, and an academic institution.
10 (e) COORDINATION.—Nothing in this section shall
11 preclude the coordination or collaboration between any
12 Center established under this section and any other estab-
13 lished center of excellence.
14 (f) INSTITUTION OF HIGHER EDUCATION DE-
15 FINED.—The term ‘‘institution of higher education’’ has
16 the meaning given that term in section 101 of the Higher
17 Education Act of 1965 (20 U.S.C. 1001).
18 SEC. 375. PILOT PROGRAM ON MILITARY WORKING DOG
19 AND EXPLOSIVES DETECTION CANINE
20 HEALTH AND EXCELLENCE.
21 (a) PILOT PROGRAM.—Not later than September 31,
22 2022, the Secretary of Defense shall carry out a pilot pro-
23 gram to ensure the health and excellence of explosives de-
24 tection military working dogs. Under such pilot program,
25 the Secretary shall consult with domestic breeders of
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1 working dog lines, covered institutions of higher education,
2 and covered national domestic canine associations, to—
3 (1) facilitate the presentation of domestically-
4 bred explosives detection military working dogs for
5 assessment for procurement by the Department of
6 Defense, at a rate of at least 100 canines presented
7 per fiscal year;
8 (2) facilitate the delivery and communication to
9 domestic breeders, covered institutions of higher
10 education, and covered national domestic canine as-
11 sociations, of information regarding—
12 (A) any specific needs or requirements for
13 the future acquisition by the Department of ex-
14 plosives detection military working dogs; and
15 (B) any factors identified as relevant to
16 the success or failure of explosives detection
17 military working dogs presented for assessment
18 pursuant to this section;
19 (3) collect information on the biological and
20 health factors of explosives detection military work-
21 ing dogs procured by the Department, and make
22 such information available for academic research
23 and to domestic breeders; and
24 (4) collect and make available genetic and
25 phenotypic information, including canine rearing and
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1 training data for study by domestic breeders and
2 covered institutions of higher education, for the fur-
3 ther development of working canines that are bred,
4 raised, and trained domestically.
5 (b) CONSULTATIONS.—In carrying out the pilot pro-
6 gram under subsection (a), the Secretary may consult with
7 the working group established pursuant to section 1927
8 of the FAA Reauthorization Act of 2018 (Public Law
9 115–254; 6 U.S.C. 1116 note).
10 (c) TERMINATION.—The authority to carry out the
11 pilot program under subsection (a) shall terminate on Oc-
12 tober 1, 2024.
13 (d) DEFINITIONS.—In this section:
14 (1) The term ‘‘covered institution of higher
15 education’’ means an institution of higher education,
16 as such term is defined in section 101 of the Higher
17 Education Act of 1965 (20 U.S.C. 1001), with dem-
18 onstrated expertise in veterinary medicine for work-
19 ing canines.
20 (2) The term ‘‘covered national domestic canine
21 association’’ means a national domestic canine asso-
22 ciation with demonstrated expertise in the breeding
23 and pedigree of working canine lines.
24 (3) The term ‘‘explosives detection military
25 working dog’’ means a canine that, in connection
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1 with the work duties of the canine performed for the
2 Department of Defense, is certified and trained to
3 detect odors indicating the presence of explosives in
4 a given object or area, in addition to the perform-
5 ance of such other duties for the Department as
6 may be assigned.
7 (e) AUTHORIZATION OF APPROPRIATIONS.—There is
8 authorized to be appropriated $10,000,000 to carry out
9 this section.
10 SEC. 376. DEPARTMENT OF DEFENSE RESPONSE TO MILI-
11 TARY LAZING INCIDENTS.
12 (a) INVESTIGATION INTO LAZING OF MILITARY AIR-
13 CRAFT.—
14 (1) INVESTIGATION REQUIRED.—The Secretary
15 of Defense shall conduct a formal investigation into
16 incidents of military aircraft being lazed by the gen-
17 eral population in Hawaii. The Secretary shall carry
18 out such investigation in coordination and collabora-
19 tion with appropriate non-Department of Defense
20 entities.
21 (2) REPORT TO CONGRESS.—Not later than
22 March 31, 2022, the Secretary shall submit to the
23 congressional defense committees a report on the
24 findings of the investigation conducted pursuant to
25 paragraph (1).
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1 (b) INFORMATION SHARING.— The Secretary shall
2 seek to increase information sharing between the Depart-
3 ment of Defense and the States with respect to incidents
4 of lazing of military aircraft, including by entering into
5 memoranda of understanding with State law enforcement
6 agencies on information sharing in connection with such
7 incidents to provide for procedures for closer cooperation
8 with local law enforcement in responding to such incidents
9 as soon as they are reported.
10 (c) DATA COLLECTION AND TRACKING.—The Sec-
11 retary shall collect such data as may be necessary to track
12 the correlation between noise complaints and incidents of
13 military aircraft lazing.
14 (d) OPERATING PROCEDURES.—The Secretary shall
15 give consideration to adapting local operating procedures
16 in areas with high incidence of military aircraft lazing inci-
17 dents to reduce potential injury to aircrew.
18 (e) EYE PROTECTION.—The Secretary shall examine
19 the availability of commercial off-the-shelf laser eye pro-
20 tection equipment that protects against the most com-
21 monly available green light lasers that are available to the
22 public. If the Secretary determines that no such laser eye
23 protection equipment is available, the Secretary shall con-
24 duct research and develop such equipment.
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1 SEC. 377. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PRO-
2 GRAM.
3 Section 2284(b) of title 10, United States Code, is
4 amended—
5 (1) in paragraph (1)—
6 (A) in subparagraph (A), by striking
7 ‘‘and’’ after the semicolon;
8 (B) in subparagraph (B), by striking ‘‘the
9 Department of Defense’’ and all that follows
10 and inserting ‘‘the Program;’’;
11 (C) by adding at the end the following new
12 subparagraphs:
13 ‘‘(C) direct the executive agent to des-
14 ignate a joint program executive officer for the
15 Program; and
16 ‘‘(D) assign the Director of the Defense
17 Threat Reduction Agency to manage the De-
18 fense-wide program element funding for the
19 Program.’’.
20 (2) by striking paragraph (4);
21 (3) by redesignating paragraph (5) as para-
22 graph (4);
23 (4) in paragraph (4), as so redesignated, by
24 striking the period at the end and inserting a semi-
25 colon; and
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1 (5) by adding at the end the following new
2 paragraphs:
3 ‘‘(5) the Secretary of the Navy shall designate
4 a Navy explosive ordnance disposal-qualified admiral
5 officer to serve as the co-chair of the Program; and
6 ‘‘(6) the Assistant Secretary of Defense for
7 Special Operations and Low Intensity Conflict shall
8 designate the Deputy Assistant Secretary of Defense
9 for Special Operations and Combating Terrorism as
10 the co-chair of the Program.’’.
11 SEC. 378. PILOT PROGRAM ON USE OF WORKING DOGS TO
12 DETECT EARLY STAGES OF DISEASES.
13 (a) PILOT PROGRAM.—Not later than 90 days after
14 the date of the enactment of this Act, the Secretary of
15 Defense shall commence a pilot program to determine the
16 effectiveness of using scent detection working dogs to de-
17 tect the early stages of diseases (including the coronavirus
18 disease 2019 (COVID–19)) and upon detection, to alert
19 the handler of the dog. In carrying out such program, the
20 Secretary shall consider—
21 (1) potential uses for such dogs in screening in-
22 dividuals seeking to access facilities under the juris-
23 diction of the Department of Defense or seeking to
24 access locations frequently used by the public and
25 relevant to public safety; and
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1 (2) any other potential uses for such dogs relat-
2 ing to the detection of early stages of diseases, in-
3 cluding uses relating to the management and provi-
4 sion of personal protective equipment and medical
5 testing kits to Department of Defense personnel.
6 (b) REGULATIONS.—The Secretary shall prescribe
7 regulations concerning the scope and limitations of the
8 pilot program under subsection (a). Such regulations shall
9 include requirements to ensure that the pilot program is
10 scientifically rigorous.
11 (c) DURATION.—The Secretary shall carry out the
12 pilot program under subsection (a) for a period of not
13 more than four years.
14 (d) REPORT.—Not later than 180 days after the date
15 on which the pilot program under subsection (a) termi-
16 nates, the Secretary shall submit to the Committees on
17 Armed Services of the House of Representatives and the
18 Senate a report on the outcomes of such pilot program.
19 SEC. 379. STUDY ON DISEASE PREVENTION FOR MILITARY
20 WORKING DOGS.
21 Not later than 180 days after the date of the enact-
22 ment of this Act, the head of the Army Veterinary Services
23 shall submit to Congress a report containing the findings
24 of an updated study on the potential introduction of for-
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1 eign animal diseases and current prevention protocol and
2 strategies to protect the health of military working dogs.
3 TITLE IV—MILITARY
4 PERSONNEL AUTHORIZATIONS
5 Subtitle A—Active Forces
6 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
7 The Armed Forces are authorized strengths for active
8 duty personnel as of September 30, 2022, as follows:
9 (1) The Army, 485,000.
10 (2) The Navy, 346,200.
11 (3) The Marine Corps, 178,500.
12 (4) The Air Force, 328,300.
13 (5) The Space Force, 8,400.
14 SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END
15 STRENGTH MINIMUM LEVELS.
16 Section 691(b) of title 10, United States Code, is
17 amended by striking paragraphs (1) through (5) and in-
18 serting the following new paragraphs:
19 ‘‘(1) For the Army, 485,000.
20 ‘‘(2) For the Navy, 346,200.
21 ‘‘(3) For the Marine Corps, 178,500.
22 ‘‘(4) For the Air Force, 328,300.
23 ‘‘(5) For the Space Force, 8,400.’’.
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1 Subtitle B—Reserve Forces
2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
3 (a) IN GENERAL.—The Armed Forces are authorized
4 strengths for Selected Reserve personnel of the reserve
5 components as of September 30, 2022, as follows:
6 (1) The Army National Guard of the United
7 States, 336,000.
8 (2) The Army Reserve, 189,500.
9 (3) The Navy Reserve, 58,600.
10 (4) The Marine Corps Reserve, 36,800.
11 (5) The Air National Guard of the United
12 States, 108,300.
13 (6) The Air Force Reserve, 70,300.
14 (7) The Coast Guard Reserve, 7,000.
15 (b) END STRENGTH REDUCTIONS.—The end
16 strengths prescribed by subsection (a) for the Selected Re-
17 serve of any reserve component shall be proportionately
18 reduced by—
19 (1) the total authorized strength of units orga-
20 nized to serve as units of the Selected Reserve of
21 such component which are on active duty (other
22 than for training) at the end of the fiscal year; and
23 (2) the total number of individual members not
24 in units organized to serve as units of the Selected
25 Reserve of such component who are on active duty
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1 (other than for training or for unsatisfactory partici-
2 pation in training) without their consent at the end
3 of the fiscal year.
4 (c) END STRENGTH INCREASES.—Whenever units or
5 individual members of the Selected Reserve of any reserve
6 component are released from active duty during any fiscal
7 year, the end strength prescribed for such fiscal year for
8 the Selected Reserve of such reserve component shall be
9 increased proportionately by the total authorized strengths
10 of such units and by the total number of such individual
11 members.
12 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
13 DUTY IN SUPPORT OF THE RESERVES.
14 Within the end strengths prescribed in section
15 411(a), the reserve components of the Armed Forces are
16 authorized, as of September 30, 2022, the following num-
17 ber of Reserves to be serving on full-time active duty or
18 full-time duty, in the case of members of the National
19 Guard, for the purpose of organizing, administering, re-
20 cruiting, instructing, or training the reserve components:
21 (1) The Army National Guard of the United
22 States, 30,845.
23 (2) The Army Reserve, 16,511.
24 (3) The Navy Reserve, 10,293.
25 (4) The Marine Corps Reserve, 2,386.
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1 (5) The Air National Guard of the United
2 States, 26,661.
3 (6) The Air Force Reserve, 6,003.
4 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS
5 (DUAL STATUS).
6 The minimum number of military technicians (dual
7 status) as of the last day of fiscal year 2022 for the re-
8 serve components of the Army and the Air Force (notwith-
9 standing section 129 of title 10, United States Code) shall
10 be the following:
11 (1) For the Army National Guard of the United
12 States, 22,294.
13 (2) For the Army Reserve, 6,492.
14 (3) For the Air National Guard of the United
15 States, 9,885.
16 (4) For the Air Force Reserve, 7,111.
17 SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
18 THORIZED TO BE ON ACTIVE DUTY FOR
19 OPERATIONAL SUPPORT.
20 During fiscal year 2022, the maximum number of
21 members of the reserve components of the Armed Forces
22 who may be serving at any time on full-time operational
23 support duty under section 115(b) of title 10, United
24 States Code, is the following:
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1 (1) The Army National Guard of the United
2 States, 17,000.
3 (2) The Army Reserve, 13,000.
4 (3) The Navy Reserve, 6,200.
5 (4) The Marine Corps Reserve, 3,000.
6 (5) The Air National Guard of the United
7 States, 16,000.
8 (6) The Air Force Reserve, 14,000.
9 SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEM-
10 BERS PERFORMING ACTIVE DUTY OR FULL-
11 TIME NATIONAL GUARD DUTY TOWARDS AU-
12 THORIZED END STRENGTHS.
13 Section 115(b)(2)(B) of title 10, United States Code,
14 is amended by striking ‘‘1095 days in the previous 1460
15 days’’ and inserting ‘‘1825 days in the previous 2190
16 days’’.
17 Subtitle C—Authorization of
18 Appropriations
19 SEC. 421. MILITARY PERSONNEL.
20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds
21 are hereby authorized to be appropriated for fiscal year
22 2022 for the use of the Armed Forces and other activities
23 and agencies of the Department of Defense for expenses,
24 not otherwise provided for, for military personnel, as spec-
25 ified in the funding table in section 4401.
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1 (b) CONSTRUCTION OF AUTHORIZATION.—The au-
2 thorization of appropriations in the subsection (a) super-
3 sedes any other authorization of appropriations (definite
4 or indefinite) for such purpose for fiscal year 2022.
5 TITLE V—MILITARY PERSONNEL
6 POLICY
7 Subtitle A—Reserve Component
8 Management
9 SEC. 501. GRADE OF CERTAIN CHIEFS OF RESERVE COMPO-
10 NENTS.
11 (a) IN GENERAL.—
12 (1) CHIEF OF ARMY RESERVE.—Section
13 7038(b)(1) of title 10, United States Code, is
14 amended by striking ‘‘general officers of the Army
15 Reserve’’ and inserting ‘‘officers of the Army Re-
16 serve in the grade of lieutenant general and’’.
17 (2) CHIEF OF NAVY RESERVE.—Section
18 8083(b)(1) of such title is amended by striking ‘‘flag
19 officers of the Navy (as defined in section 8001(1))’’
20 and inserting ‘‘officers of the Navy Reserve in the
21 grade of vice admiral and’’.
22 (3) COMMANDER, MARINE FORCES RESERVE.—
23 Section 8084(b)(1) of such title is amended by strik-
24 ing ‘‘general officers of the Marine Corps (as defined
25 in section 8001(2))’’ and inserting ‘‘officers of the
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1 Marine Corps Reserve in the grade of lieutenant
2 general and’’.
3 (4) CHIEF OF AIR FORCE RESERVE.—Section
4 9038(b)(1) of such title is amended by striking
5 ‘‘general officers of the Air Force Reserve’’ and in-
6 serting ‘‘officers of the Air Force Reserve in the
7 grade of lieutenant general and’’.
8 (b) EFFECTIVE DATE.—The amendments made
9 under subsection (a) shall take effect on the date that is
10 one year after the date of the enactment of this Act and
11 shall apply to appointments made after such date.
12 SEC. 502. GRADE OF VICE CHIEF OF THE NATIONAL GUARD
13 BUREAU.
14 Section 10505 of title 10, United States Code, is
15 amended by adding at the end the following new sub-
16 section:
17 ‘‘(c) GRADE.—(1) The Vice Chief of the National
18 Guard Bureau shall be appointed to serve in the grade
19 of general.
20 ‘‘(2) The Secretary of Defense shall designate, pursu-
21 ant to subsection (b) of section 526 of this title, the posi-
22 tion of Vice Chief of the National Guard Bureau as one
23 of the general officer and flag officer positions to be ex-
24 cluded from the limitations in subsection (a) of such sec-
25 tion.’’.
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1 SEC. 503. PROHIBITION ON PRIVATE FUNDING FOR INTER-
2 STATE DEPLOYMENT OF NATIONAL GUARD.
3 (a) PROHIBITION.—Chapter 3 of title 32, United
4 States Code, is amended by adding at the end the fol-
5 lowing new section:
6 ‘‘§ 329. Prohibition on private funding for interstate
7 deployment
8 ‘‘A member of the National Guard may not be or-
9 dered to cross a border of a State to perform duty (under
10 this title, title 10, or State active duty) if such duty is
11 paid for with private funds, unless such duty is in response
12 to a major disaster or emergency under section 401 of the
13 Robert T. Stafford Disaster Relief and Emergency Assist-
14 ance Act (42 U.S.C. 5170).’’.
15 (b) TECHNICAL AMENDMENT.—The table of sections
16 at the beginning of such chapter is amended by adding
17 at the end the following new item:
‘‘329. Prohibition on private funding for interstate deployment.’’.
18 SEC. 504. REQUIREMENT OF CONSENT OF THE CHIEF EXEC-
19 UTIVE OFFICER FOR CERTAIN FULL-TIME NA-
20 TIONAL GUARD DUTY PERFORMED IN A
21 STATE, TERRITORY, OR THE DISTRICT OF CO-
22 LUMBIA.
23 Section 502(f)(2)(A) of title 32, United States Code,
24 is amended to read as follows:
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1 ‘‘(A) Support of operations or missions under-
2 taken by the member’s unit at the request of the
3 President or Secretary of Defense, with the consent
4 of—
5 ‘‘(i) the chief executive officer of each
6 State (as that term is defined in section 901 of
7 this title) in which such operations or missions
8 shall take place; and
9 ‘‘(ii) if such operations or missions shall
10 take place in the District of Columbia, the
11 Mayor of the District of Columbia.’’.
12 SEC. 505. NATIONAL GUARD SUPPORT TO MAJOR DISAS-
13 TERS; REPORT ON METHODS TO ENHANCE
14 DOMESTIC RESPONSE TO LARGE SCALE,
15 COMPLEX AND CATASTROPHIC DISASTERS.
16 (a) IN GENERAL.—Section 502(f) of title 32, United
17 States Code, is amended—
18 (1) in paragraph (2), by adding at the end the
19 following:
20 ‘‘(C) Operations or missions authorized by the
21 President or the Secretary of Defense to support
22 large scale, complex, catastrophic disasters, as de-
23 fined by section 311(3) of title 6, United States
24 Code, at the request of a State governor.’’; and
25 (2) by adding at the end the following:
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1 ‘‘(4) With respect to operations or missions de-
2 scribed under paragraph (2)(C), there is authorized
3 to be appropriated to the Secretary of Defense such
4 sums as may be necessary to carry out such oper-
5 ations and missions, but only if—
6 ‘‘(A) an emergency has been declared by
7 the governor of the applicable State; and
8 ‘‘(B) the President has declared the emer-
9 gency to be a major disaster for the purposes
10 of the Robert T. Stafford Disaster Relief and
11 Emergency Assistance Act.’’.
12 (b) REPORT ON METHODS TO ENHANCE DOMESTIC
13 RESPONSE TO LARGE SCALE, COMPLEX AND CATA-
14 STROPHIC DISASTERS.—
15 (1) IN GENERAL.—Not later than 180 days
16 after the date of the enactment of this Act, the Sec-
17 retary of Defense, in consultation and coordination
18 with the Federal Emergency Management Agency,
19 the National Security Council, the Council of Gov-
20 ernors, and the National Governors Association,
21 shall submit to the congressional defense, the Com-
22 mittee on Homeland Security of the House of Rep-
23 resentatives, and the Committee on Homeland Secu-
24 rity and Governmental Affairs of the Senate a report
25 on their plan to establish policy and processes to im-
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1 plement the authority provided by the amendments
2 made by section 520. The report shall include a de-
3 tailed examination of the policy framework con-
4 sistent with existing authorities, identify major stat-
5 utory or policy impediments to implementation, and
6 make recommendations for legislation as appro-
7 priate.
8 (2) CONTENTS.—The report submitted under
9 paragraph (1) shall include a description of—
10 (A) the current policy and processes where-
11 by governors can request activation of the Na-
12 tional Guard under title 32, United States
13 Code, as part of the response to large scale,
14 complex, catastrophic disasters that are sup-
15 ported by the Federal Government and, if no
16 formal process exists in policy, the Secretary of
17 Defense shall provide a timeline and plan to es-
18 tablish such a policy, including consultation
19 with the Council of Governors and the National
20 Governors Association;
21 (B) the Secretary of Defense’s assessment,
22 informed by consultation with the Federal
23 Emergency Management Agency, the National
24 Security Council, the Council of Governors, and
25 the National Governors Association, regarding
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1 the sufficiency of current authorities for the re-
2 imbursement of National Guard and Reserve
3 manpower during large scale, complex, cata-
4 strophic disasters under title 10 and title 32,
5 United States Code, and specifically whether re-
6 imbursement authorities are sufficient to ensure
7 that military training and readiness are not de-
8 graded to fund disaster response, or invoking
9 them degrades the effectiveness of the Disaster
10 Relief Fund;
11 (C) the Department of Defense’s plan to
12 ensure there is parallel and consistent policy in
13 the application of the authorities granted under
14 section 12304a of title 10, United States Code,
15 and section 502(f) of title 32, United States
16 Code, including—
17 (i) a description of the disparities be-
18 tween benefits and protections under Fed-
19 eral law versus State active duty;
20 (ii) recommended solutions to achieve
21 parity at the Federal level; and
22 (iii) recommended changes at the
23 State level, if appropriate;
24 (D) the Department of Defense’s plan to
25 ensure there is parity of benefits and protec-
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1 tions for military members employed as part of
2 the response to large scale, complex, cata-
3 strophic disasters under title 32 or title 10,
4 United States Code, and recommendations for
5 addressing shortfalls; and
6 (E) a review, by the Federal Emergency
7 Management Agency, of the current policy for,
8 and an assessment of the sufficiency of, reim-
9 bursement authority for the use of all National
10 Guard and Reserve, both to the Department of
11 Defense and to the States, during large scale,
12 complex, catastrophic disasters, including any
13 policy and legal limitations, and cost assess-
14 ment impact on Federal funding.
15 SEC. 506. CONTINUED NATIONAL GUARD SUPPORT FOR
16 FIREGUARD PROGRAM.
17 The Secretary of Defense shall continue to support
18 the FireGuard program with National Guard personnel to
19 aggregate, analyze, and assess multi-source remote sens-
20 ing information for interagency partnerships in the initial
21 detection and monitoring of wildfires until September 30,
22 2026. After such date, the Secretary may not reduce such
23 support, or transfer responsibility for such support to an
24 interagency partner, until 30 days after the date on which
25 the Secretary submits to the Committees on Armed Serv-
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1 ices of the Senate and House of Representatives written
2 notice of such proposed change, and reasons for such
3 change.
4 SEC. 507. STUDY ON REAPPORTIONMENT OF NATIONAL
5 GUARD FORCE STRUCTURE BASED ON DO-
6 MESTIC RESPONSES.
7 (a) STUDY.—The Secretary of Defense, in consulta-
8 tion with the Chief of the National Guard Bureau and the
9 Adjutants General, shall conduct a study to determine
10 whether to reapportion the force structure of the National
11 Guard based on wartime and domestic response require-
12 ments. The study under shall include the following ele-
13 ments:
14 (1) An assessment how domestic response mis-
15 sions affect recruitment and retention of qualified
16 personnel, especially in States—
17 (A) with the lowest ratios of National
18 Guard members to the general population; and
19 (B) that are most prone to natural disas-
20 ters.
21 (2) An assessment how domestic response mis-
22 sions affect the ability of the National Guard of a
23 State to ability to staff, equip, and ready a unit for
24 its Federal missions.
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1 (3) An comparison of the costs of a response to
2 a domestic incident in a State with—
3 (A) units of the National Guard of such
4 State; and
5 (B) units of the National Guards of other
6 States pursuant to an emergency management
7 assistance compact.
8 (4) Based on the recommendations in the 2021
9 report of the National Guard Bureau titled ‘‘Impact
10 of U.S. Population Trends on National Guard Force
11 Structure’’, an assessment of—
12 (A) challenges to recruiting members of
13 the National Guard and allocating mission sets
14 to other geographic regions; and
15 (B) the ability to track and respond to do-
16 mestic migration trends in order to establish a
17 baseline for force structure requirements.
18 (5) In light of the limited authority of the
19 President under section 104(c) of title 32, United
20 States Code, an assessment of whether the number
21 of members of the National Guard is sufficient to re-
22 apportion force structure to meet the requirements
23 of domestic responses and shifting populations.
24 (b) REPORT.—Not later than 180 days after the date
25 of the enactment of this Act, the Secretary of Defense
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1 shall submit to the Committees on Armed Services of the
2 Senate and House of Representatives a report on the re-
3 sults of the study under subsection (a).
4 (c) STATE DEFINED.—In this section, the term
5 ‘‘State’’ includes the various States and Territories, the
6 Commonwealth of Puerto Rico, and the District of Colum-
7 bia.
8 SEC. 508. REPORT ON FEASIBILITY AND ADVISABILITY OF
9 INCLUDING CYBERSECURITY OPERATIONS
10 AND MISSIONS TO PROTECT CRITICAL INFRA-
11 STRUCTURE BY MEMBERS OF THE NATIONAL
12 GUARD IN CONNECTION WITH TRAINING OR
13 OTHER DUTY.
14 Not later than one year after the date of the enact-
15 ment of this Act, the Secretary of Defense shall submit
16 to the Committees on Armed Services of the Senate and
17 House of Representatives a report on the feasibility and
18 advisability of including in the duty described in section
19 502(f)(1) of title 32, United States Code, training or other
20 duty relating to cybersecurity operations or missions un-
21 dertaken by the member’s unit at the request of the Gov-
22 ernor of the State concerned to protect critical infrastruc-
23 ture (as that term is defined in the Critical Infrastructures
24 Protection Act of 2001 (42 U.S.C. 5195c)).
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1 SEC. 509. ACCESS TO TOUR OF DUTY SYSTEM.
2 (a) ACCESS.—
3 (1) IN GENERAL.—Not later than one year
4 after the date of the enactment of this Act, the Sec-
5 retary of the Army shall ensure, subject to para-
6 graph (2), that a member of the reserve components
7 of the Army may access the Tour of Duty system
8 using a personal internet-enabled device.
9 (2) EXCEPTION.—The Secretary of the Army
10 may restrict access to the Tour of Duty system on
11 personal internet-enabled devices if the Secretary de-
12 termines such restriction is necessary to ensure the
13 security and integrity of information systems and
14 data of the United States.
15 (b) TOUR OF DUTY SYSTEM DEFINED.—In this Act,
16 the term ‘‘Tour of Duty system’’ means the online system
17 of listings for opportunities to serve on active duty for
18 members of the reserve components of the Army and
19 through which such a member may apply for such an op-
20 portunity, known as ‘‘Tour of Duty’’, or any successor to
21 such system.
22 SEC. 509A. ENHANCEMENT OF NATIONAL GUARD YOUTH
23 CHALLENGE PROGRAM.
24 (a) AUTHORITY.—During fiscal year 2022, the Sec-
25 retary of Defense may provide assistance to a National
26 Guard Youth Challenge Program of a State—
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1 (1) in addition to assistance under subsection
2 (d) of section 509 of title 32, United States Code;
3 (2) that is not subject to the matching require-
4 ment under such subsection; and
5 (3) for the following purposes:
6 (A) New program start-up costs.
7 (B) Special projects.
8 (C) Workforce development programs.
9 (D) Emergency costs.
10 (b) LIMITATIONS.—
11 (1) MATCHING.—The Secretary may not pro-
12 vide additional assistance under this section to a
13 State that does not comply with the matching re-
14 quirement under such subsection regarding assist-
15 ance under such subsection.
16 (2) TOTAL ASSISTANCE.—Total assistance
17 under this section to all States may not exceed 10
18 percent of the funds appropriated for the National
19 Guard Youth Challenge Program for fiscal year
20 2022.
21 (c) REPORTING.—Any assistance provided under this
22 section shall be included in the annual report under sub-
23 section (k) of such section.
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1 Subtitle B—General Service
2 Authorities and Military Records
3 SEC. 511. PROHIBITION ON COMMISSIONING OR ENLIST-
4 MENT IN THE ARMED FORCES OF AN INDI-
5 VIDUAL CONVICTED OF A FELONY HATE
6 CRIME.
7 (a) PROHIBITION.—Section 657 of title 10, United
8 States Code, is amended—
9 (1) in the heading, by striking ‘‘sexual’’; and
10 (2) in subsection (b), by adding at the end the
11 following new paragraphs:
12 ‘‘(5) An offense under section 249 of title 18.
13 ‘‘(6) An offense under State or local law—
14 ‘‘(A) described in section 245(a)(1) of title
15 18; or
16 ‘‘(B) the elements of which are substan-
17 tially similar to those of an offense under sec-
18 tion 247 or 249 of title 18.’’.
19 (b) CONFORMING AMENDMENT.—The table of sec-
20 tions at the beginning of chapter 37 of such title is amend-
21 ed by striking the item relating to section 657 and insert-
22 ing the following:
‘‘657. Prohibition on service in the armed forces by individuals convicted of cer-
tain offenses.’’.
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1 SEC. 512. REDUCTION IN SERVICE COMMITMENT RE-
2 QUIRED FOR PARTICIPATION IN CAREER
3 INTERMISSION PROGRAM OF A MILITARY DE-
4 PARTMENT.
5 Section 710(c)(3) of title 10, United States Code, is
6 amended by striking ‘‘two months’’ and inserting ‘‘one
7 month’’.
8 SEC. 513. MODERNIZATION OF THE SELECTIVE SERVICE
9 SYSTEM.
10 (a) REFERENCE.—Except as expressly provided oth-
11 erwise, any reference in this section to a section or other
12 provision shall be deemed to be a reference to that section
13 or other provision of the Military Selective Service Act (50
14 U.S.C. 3801 et seq.).
15 (b) PURPOSE OF SELECTIVE SERVICE.—Section 1(b)
16 (50 U.S.C. 3801(b)) is amended—
17 (1) by striking ‘‘armed strength’’ and inserting
18 ‘‘military strength’’;
19 (2) by striking ‘‘insure’’ and inserting ‘‘ensure’’;
20 and
21 (3) by inserting before the period at the end the
22 following: ‘‘by ensuring adequate personnel with the
23 requisite capabilities to meet the mobilization needs
24 of the Department of Defense during a national
25 emergency and not solely to provide combat replace-
26 ments’’.
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1 (c) SOLEMNITY OF MILITARY SERVICE.—Section 3
2 (50 U.S.C. 3802) is amended by adding at the end the
3 following:
4 ‘‘(c) Regulations prescribed pursuant to subsection
5 (a) shall include methods to convey to every person re-
6 quired to register the solemn obligation for military service
7 in the event of a military draft.’’.
8 (d) EXPANDED REGISTRATION TO ALL AMERI-
9 CANS.—
10 (1) Section 3(a) (50 U.S.C. 3802(a)) is amend-
11 ed—
12 (A) by striking ‘‘male citizen’’ and insert-
13 ing ‘‘citizen’’;
14 (B) by striking ‘‘male person’’ and insert-
15 ing ‘‘person’’;
16 (C) by striking ‘‘present himself’’ and in-
17 serting ‘‘appear’’; and
18 (D) by striking ‘‘so long as he’’ and insert-
19 ing ‘‘so long as such alien’’.
20 (2) Section 4(e) (50 U.S.C. 3803(e)) is amend-
21 ed by striking ‘‘enlisted men’’ and inserting ‘‘en-
22 listed persons’’.
23 (3) Section 5 (50 U.S.C. 3805) is amended—
24 (A) in subsection (a)(1)—
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1 (i) by striking ‘‘race or color’’ and in-
2 serting ‘‘race, color, sex, or gender’’; and
3 (ii) by striking ‘‘call for men’’ and in-
4 serting ‘‘call for persons’’; and
5 (B) in subsection (b), by striking ‘‘men’’
6 each place it appears and inserting ‘‘persons’’.
7 (4) Section 6 (50 U.S.C. 3806) is amended—
8 (A) in subsection (a)(1)—
9 (i) by striking ‘‘enlisted men’’ and in-
10 serting ‘‘enlisted persons’’; and
11 (ii) by striking ‘‘accrue to him’’ and
12 inserting ‘‘accrue to such alien’’; and
13 (B) in subsection (h)—
14 (i) by striking ‘‘(other than wives
15 alone, except in cases of extreme hard-
16 ship)’’; and
17 (ii) by striking ‘‘wives and children’’
18 and inserting ‘‘spouses and children’’.
19 (5) Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is
20 amended—
21 (A) by striking ‘‘the President is re-
22 quested’’ and all that follows through ‘‘within
23 its jurisdiction’’ and inserting ‘‘the President is
24 requested to appoint the membership of each
25 local board so that each board has both male
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1 and female members and, to the maximum ex-
2 tent practicable, it is proportionately represent-
3 ative of the race, national origin, and sex of
4 those registrants within its jurisdiction’’; and
5 (B) by striking ‘‘race or national origin’’
6 and inserting ‘‘race, sex, or national origin’’.
7 (6) Section 16(a) (50 U.S.C. 3814(a)) is
8 amended by striking ‘‘men’’ and inserting ‘‘persons’’.
9 (e) MAINTAINING THE HEALTH OF THE SELECTIVE
10 SERVICE SYSTEM.—Section 10(a) (50 U.S.C. 3809(a)) is
11 amended by adding at the end the following new para-
12 graph:
13 ‘‘(5) The Selective Service System shall conduct
14 exercises periodically of all mobilization plans, sys-
15 tems, and processes to evaluate and test the effec-
16 tiveness of such plans, systems, and processes. Once
17 every 4 years, the exercise shall include the full
18 range of internal and interagency procedures to en-
19 sure functionality and interoperability and may take
20 place as part of the Department of Defense mobili-
21 zation exercise under section 10208 of title 10,
22 United States Code. The Selective Service System
23 shall conduct a public awareness campaign in con-
24 junction with each exercise to communicate the pur-
25 pose of the exercise to the public.’’.
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1 (f) DUE PROCESS FOR FAILURE TO REGISTER.—
2 (1) Section 12 (50 U.S.C. 3811) is amended—
3 (A) in subsection (f)—
4 (i) in paragraph (2), by inserting be-
5 fore the period at the end ‘‘or proof of reg-
6 istration in accordance with subsection
7 (g)’’;
8 (ii) in paragraph (3)—
9 (I) in the first sentence, by strik-
10 ing ‘‘compliance’’ and inserting ‘‘com-
11 pliance or proof of registration’’; and
12 (II) in the second sentence, by
13 inserting before the period at the end
14 ‘‘or proof of registration’’; and
15 (iii) in paragraph (4), in the second
16 sentence—
17 (I) by striking ‘‘thereunder’’ and
18 inserting ‘‘thereunder, or failure to
19 provide proof of registration in ac-
20 cordance with subsection (g),’’; and
21 (II) by inserting before the pe-
22 riod at the end ‘‘or has registered in
23 accordance with subsection (g)’’; and
24 (B) in subsection (g)—
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1 (i) in paragraph (1), by striking ‘‘;
2 and’’ and inserting ‘‘and the person shows
3 by a preponderance of the evidence that
4 the failure of the person to register was
5 not a knowing and willful failure to reg-
6 ister; or’’; and
7 (ii) by amending paragraph (2) to
8 read as follows:
9 ‘‘(2) the person was provided notice of the per-
10 son’s failure to register and the person registered
11 within 30 days with the Selective Service System, re-
12 gardless of the person’s age at the time of registra-
13 tion.’’.
14 (g) TECHNICAL AND CONFORMING AMENDMENTS.—
15 The Military Selective Service Act is amended—
16 (1) in section 4 (50 U.S.C. 3803)—
17 (A) in subsection (a) in the third undesig-
18 nated paragraph—
19 (i) by striking ‘‘his acceptability in all
20 respects, including his’’ and inserting
21 ‘‘such person’s acceptability in all respects,
22 including such person’s’’; and
23 (ii) by striking ‘‘he may prescribe’’
24 and inserting ‘‘the President may pre-
25 scribe’’;
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1 (B) in subsection (c)—
2 (i) in paragraph (2), by striking ‘‘any
3 enlisted member’’ and inserting ‘‘any per-
4 son who is an enlisted member’’; and
5 (ii) in paragraphs (3), (4), and (5), by
6 striking ‘‘in which he resides’’ and insert-
7 ing ‘‘in which such person resides’’;
8 (C) in subsection (g), by striking ‘‘coordi-
9 nate with him’’ and inserting ‘‘coordinate with
10 the Director’’; and
11 (D) in subsection (k)(1), by striking ‘‘find-
12 ing by him’’ and inserting ‘‘finding by the
13 President’’;
14 (2) in section 5(d) (50 U.S.C. 3805(d)), by
15 striking ‘‘he may prescribe’’ and inserting ‘‘the
16 President may prescribe’’;
17 (3) in section 6 (50 U.S.C. 3806)—
18 (A) in subsection (c)(2)(D), by striking
19 ‘‘he may prescribe’’ and inserting ‘‘the Presi-
20 dent may prescribe’’;
21 (B) in subsection (d)(3), by striking ‘‘he
22 may deem appropriate’’ and inserting ‘‘the
23 President considers appropriate’’; and
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1 (C) in subsection (h), by striking ‘‘he may
2 prescribe’’ each place it appears and inserting
3 ‘‘the President may prescribe’’;
4 (4) in section 10 (50 U.S.C. 3809)—
5 (A) in subsection (b)—
6 (i) in paragraph (3)—
7 (I) by striking ‘‘He shall create’’
8 and inserting ‘‘The President shall
9 create’’; and
10 (II) by striking ‘‘upon his own
11 motion’’ and inserting ‘‘upon the
12 President’s own motion’’;
13 (ii) in paragraph (4), by striking ‘‘his
14 status’’ and inserting ‘‘such individual’s
15 status’’; and
16 (iii) in paragraphs (4), (6), (8), and
17 (9), by striking ‘‘he may deem’’ each place
18 it appears and inserting ‘‘the President
19 considers’’; and
20 (B) in subsection (c), by striking ‘‘vested
21 in him’’ and inserting ‘‘vested in the Presi-
22 dent’’;
23 (5) in section 13(b) (50 U.S.C. 3812(b)), by
24 striking ‘‘regulation if he’’ and inserting ‘‘regulation
25 if the President’’;
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1 (6) in section 15 (50 U.S.C. 3813)—
2 (A) in subsection (b), by striking ‘‘his’’
3 each place it appears and inserting ‘‘the reg-
4 istrant’s’’; and
5 (B) in subsection (d), by striking ‘‘he may
6 deem’’ and inserting ‘‘the President considers’’;
7 (7) in section (16)(g) (50 U.S.C. 3814(g))—
8 (A) in paragraph (1), by striking ‘‘who as
9 his regular and customary vocation’’ and insert-
10 ing ‘‘who, as such person’s regular and cus-
11 tomary vocation,’’; and
12 (B) in paragraph (2)—
13 (i) by striking ‘‘one who as his cus-
14 tomary vocation’’ and inserting ‘‘a person
15 who, as such person’s customary voca-
16 tion,’’; and
17 (ii) by striking ‘‘he is a member’’ and
18 inserting ‘‘such person is a member’’;
19 (8) in section (18)(a) (50 U.S.C. 3816(a)), by
20 striking ‘‘he is authorized’’ and inserting ‘‘the Presi-
21 dent is authorized’’;
22 (9) in section 21 (50 U.S.C. 3819)—
23 (A) by striking ‘‘he is sooner’’ and insert-
24 ing ‘‘sooner’’;
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1 (B) by striking ‘‘he’’ each subsequent place
2 it appears and inserting ‘‘such member’’; and
3 (C) by striking ‘‘his consent’’ and inserting
4 ‘‘such member’s consent’’;
5 (10) in section 22(b) (50 U.S.C. 38290(b)), in
6 paragraphs (1) and (2), by striking ‘‘his’’ each place
7 it appears and inserting ‘‘the registrant’s’’; and
8 (11) except as otherwise provided in this sec-
9 tion—
10 (A) by striking ‘‘he’’ each place it appears
11 and inserting ‘‘such person’’;
12 (B) by striking ‘‘his’’ each place it appears
13 and inserting ‘‘such person’s’’;
14 (C) by striking ‘‘him’’ each place it ap-
15 pears and inserting ‘‘such person’’; and
16 (D) by striking ‘‘present himself’’ each
17 place it appears in section 12 (50 U.S.C. 3811)
18 and inserting ‘‘appear’’.
19 (h) CONFORMING AMENDMENTS TO OTHER LAWS.—
20 (1) Section 3328 of title 5, United States Code,
21 is amended by striking subsection (a) and inserting
22 the following:
23 ‘‘(a) An individual who was required to register under
24 section 3 of the Military Selective Service Act (50 U.S.C.
25 3803) but failed to meet the registration requirements of
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1 section 3 of that Act shall be ineligible for appointment
2 to a position in an Executive agency, unless—
3 ‘‘(1) the requirement for the person to so reg-
4 ister has terminated or become inapplicable to the
5 person and the person shows by a preponderance of
6 the evidence that the failure of the person to register
7 was not a knowing and willful failure to register; or
8 ‘‘(2) the person was provided notice of the per-
9 son’s failure to register and the person registered
10 within 30 days with the Selective Service System, re-
11 gardless of the person’s age at the time of registra-
12 tion.’’.
13 (2) Section 484(n) of the Higher Education Act
14 of 1965 (20 U.S.C. 1091(n)) is amended by striking
15 ‘‘(50 U.S.C. App. 462(f))’’ and inserting ‘‘(50
16 U.S.C. 3811(f))’’.
17 (i) EFFECTIVE DATE.—The amendments made by
18 this section shall take effect on the date of the enactment
19 of this Act, except that the amendments made by sub-
20 sections (d) and (h)(1) shall take effect one year after
21 such date of enactment.
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1 SEC. 514. IMPROVEMENTS TO MILITARY ACCESSIONS IN
2 ARMED FORCES UNDER THE JURISDICTION
3 OF THE SECRETARIES OF THE MILITARY DE-
4 PARTMENTS.
5 (a) IN GENERAL.—Not later than one year after the
6 date of the enactment of this Act, each Secretary of a mili-
7 tary department shall take the following steps regarding
8 military accessions in each Armed Force under the juris-
9 diction of such Secretary:
10 (1) Assess the prescribed medical standards for
11 appointment as an officer, or enlistment as a mem-
12 ber, in such Armed Force.
13 (2) Determine how to update the medical
14 screening processes for appointment or enlistment.
15 (3) Determine how to standardize operations
16 across the military entrance processing stations.
17 (4) Determine how to improve aptitude testing
18 methods and standardized testing requirements.
19 (5) Implement improvements determined or
20 identified under paragraphs (1) through (4).
21 (b) REPORT.—Not later than one year after the date
22 of the enactment of this Act, each Secretary shall submit
23 to the appropriate congressional committees a report con-
24 taining the results of carrying out this section and rec-
25 ommendations regarding legislation the Secretary deter-
26 mines necessary to improve such military accessions.
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1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
2 FINED.—In this section, the term ‘‘appropriate congres-
3 sional committees’’ means—
4 (1) The Committee on Armed Services of the
5 House of Representatives.
6 (2) The Committee on Armed Services of the
7 Senate.
8 (3) The Committee on Transportation and In-
9 frastructure of the House of Representatives.
10 (4) The Committee on Commerce, Science, and
11 Transportation of the Senate.
12 SEC. 515. AUTHORIZATION OF PERMISSIVE TEMPORARY
13 DUTY FOR WELLNESS.
14 In order to reduce the rate of suicides in the Armed
15 Forces, the Secretary of each military department shall
16 prescribe regulations that authorize a member of an
17 Armed Force under the jurisdiction of such Secretary to
18 take not more than two weeks of permissive temporary
19 duty each year to attend a seminar, retreat, workshop, or
20 outdoor recreational therapy event—
21 (a) hosted by a non-profit organization; and
22 (b) that focuses on psychological, physical, spiritual,
23 or social wellness.
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1 SEC. 516. REQUIRED STAFFING OF ADMINISTRATIVE SEPA-
2 RATION BOARDS.
3 (a) IN GENERAL.—The Secretary of the military de-
4 partment concerned shall ensure that any administrative
5 separation board under the jurisdiction of such Secretary
6 has assigned to it the following:
7 (1) A nonvoting legal advisor who shall be re-
8 sponsible for providing legal advice to the President
9 of the board on—
10 (A) the operations and procedures of the
11 board; and
12 (B) matters under consideration by the
13 board.
14 (2) A nonvoting recorder who shall be respon-
15 sible for representing the separation authority in the
16 in the proceedings before the board.
17 (b) SELECTION AND SUPERVISION.—
18 (1) IN GENERAL.—The nonvoting legal advisor
19 referred to in subsection (a)(1) and the recorder re-
20 ferred to in subsection (a)(2) shall each be selected
21 by the staff judge advocate and each shall serve
22 under the supervision of such staff judge advocate.
23 (2) CERTIFICATION.—The staff judge advocate
24 who selects the recorder under paragraph (1) shall
25 include in the record of the proceedings of the board
26 a written certification affirming that the recorder
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1 has the legal skills necessary to competently fulfill
2 the duties of that position.
3 SEC. 517. ADMINISTRATIVE SEPARATION: MISCELLANEOUS
4 AUTHORITIES AND REQUIREMENTS.
5 Not later than one year after the date of the enact-
6 ment of this Act, the Secretary of Defense and each Sec-
7 retary of a military department shall prescribe regulations
8 and guidance for administrative separations of enlisted
9 members under the jurisdiction of such Secretary that—
10 (1) authorize the Secretary of the military de-
11 partment concerned to characterize an administra-
12 tive discharge, considered by an administrative sepa-
13 ration board under regulations prescribed by such
14 Secretary—
15 (A) under any conditions (including other
16 than honorable); and
17 (B) notwithstanding the recommendation
18 of such administrative separation board; and
19 (2) in the case of an administrative separation
20 on the basis of an offense by the member against an
21 individual, allow such individual to request that at
22 least one voting member of the administrative sepa-
23 ration board be of the same gender, race, or eth-
24 nicity of such individual.
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1 SEC. 518. PROHIBITION ON ALGORITHMIC CAREER TERMI-
2 NATION.
3 No funds authorized to be appropriated by this Act
4 may be used to subject a member of the Armed Forces
5 under the jurisdiction of a Secretary of a military depart-
6 ment to discipline of any kind solely based on the output
7 of an automated algorithmic, mathematical, or other ana-
8 lytic tool used in the evaluation of publicly available social
9 media posts or other publicly available online activity at-
10 tributable to such member, unless the Secretary concerned
11 determines an imminent threat of physical violence exists.
12 SEC. 519. PROHIBITION ON DISCIPLINE AGAINST A MEM-
13 BER BASED ON CERTAIN SOCIAL MEDIA.
14 No funds authorized to be appropriated by this Act
15 may be used to subject a member of the Armed Forces
16 under the jurisdiction of a Secretary of a military depart-
17 ment to discipline of any kind solely based on a comment,
18 post, or other activity originating from a third party re-
19 garding a political matter on an online account, forum,
20 or other electronic means owned, controlled, or operated
21 by the member.
22 SEC. 519A. COMMAND OVERSIGHT OF MILITARY
23 PRIVATIZED HOUSING AS ELEMENT OF PER-
24 FORMANCE EVALUATIONS.
25 (a) EVALUATIONS IN GENERAL.—Each Secretary of
26 a military department shall ensure that the performance
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1 evaluations of any individual described in subsection (b)
2 under the jurisdiction of such Secretary indicates the ex-
3 tent to which such individual has or has not exercised ef-
4 fective oversight and leadership in the following:
5 (1) Improving conditions of privatized housing
6 under subchapter IV of chapter 169 of title 10,
7 United States Code.
8 (2) Addressing concerns with respect to such
9 housing of members of the Armed Forces and their
10 families who reside in such housing on an installa-
11 tion of the military department concerned.
12 (3) Addressing concerns regarding housing dis-
13 crimination against individuals based on race, eth-
14 nicity, sex, gender identity, religion, or employment.
15 (b) COVERED INDIVIDUALS.—The individuals de-
16 scribed in this subsection are as follows:
17 (1) The commander of an installation of a mili-
18 tary department at which on-installation housing is
19 managed by a landlord of privatized housing under
20 subchapter IV of chapter 169 of title 10, United
21 States Code.
22 (2) Each officer or senior enlisted member of
23 the Armed Forces at an installation described in
24 paragraph (1) whose duties include facilities or
25 housing management at such installation.
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1 (3) Any other officer or enlisted member of the
2 Armed Forces (whether or not at an installation de-
3 scribed in paragraph (1)) as specified by the Sec-
4 retary of the military department concerned for pur-
5 poses of this section.
6 SEC. 519B. FEASIBILITY STUDY ON ESTABLISHMENT OF
7 HOUSING HISTORY FOR MEMBERS OF THE
8 ARMED FORCES WHO RESIDE IN HOUSING
9 PROVIDED BY THE UNITED STATES.
10 (a) STUDY; REPORT.—Not later than September 30,
11 2022, the Secretary of Defense shall—
12 (1) conduct a feasibility study regarding the es-
13 tablishment of a standard record of housing history
14 for members of the Armed Forces who reside in cov-
15 ered housing; and
16 (2) submit to the appropriate congressional
17 committees a report on the results of such study.
18 (b) CONTENTS.—A record described in subsection (a)
19 includes, with regards to each period during which the
20 member concerned resided in covered housing, the fol-
21 lowing:
22 (1) The assessment of the commander of the
23 military installation in which such housing is lo-
24 cated, of the condition of such covered housing—
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1 (A) prior to the beginning of such period;
2 and
3 (B) in which the member concerned left
4 such covered housing upon vacating such cov-
5 ered housing.
6 (2) Contact information a housing provider may
7 use to inquire about such a record.
8 (c) ONLINE ACCESS.—A record described in sub-
9 section (a) would be accessible through a website, main-
10 tained by the Secretary of the military department con-
11 cerned, through which a member of the Armed Forces
12 under the jurisdiction of such Secretary may access such
13 record of such member.
14 (d) ISSUANCE.—The Secretary concerned would issue
15 a copy of a described in subsection (a) to the member con-
16 cerned upon the separation, retirement, discharge, or dis-
17 missal of such member from the Armed Forces, with the
18 DD Form 214 for such member.
19 (e) DEFINITIONS.—In this section:
20 (1) The term ‘‘appropriate congressional com-
21 mittees’’ means the following:
22 (A) The Committee on Armed Services of
23 the House of Representatives.
24 (B) The Committee on Armed Services of
25 the Senate.
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1 (C) The Committee on Transportation and
2 Infrastructure of the House of Representatives.
3 (D) The Committee on Commerce, Science,
4 and Transportation of the Senate.
5 (2) The term ‘‘covered housing’’ means housing
6 provided by the United States to a member of the
7 Armed Forces.
8 SEC. 519C. SEAMAN TO ADMIRAL-21 PROGRAM: CREDIT TO-
9 WARDS RETIREMENT.
10 (a) CREDIT.—For each participant in the Seaman to
11 Admiral-21 program during fiscal years 2010 through
12 2014 for whom the Secretary of the Navy cannot find evi-
13 dence of an acknowledgment that, before entering a bacca-
14 laureate degree program, service during the baccalaureate
15 degree program would not be included when computing
16 years of service for retirement, the Secretary shall include
17 service during the baccalaureate degree program when
18 computing—
19 (1) years of service; and
20 (2) retired or retainer pay.
21 (b) REPORT REQUIRED.—The Secretary shall submit
22 a report to the Committees on Armed Services of the Sen-
23 ate and House of Representatives regarding the number
24 of participants credited with service under subsection (a).
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1 (c) DEADLINE.—The Secretary shall carry out this
2 section not later than 180 days after the date of the enact-
3 ment of this Act.
4 SEC. 519D. PROGRESS REPORT ON IMPLEMENTATION OF
5 GAO RECOMMENDATIONS REGARDING CA-
6 REER PATHS FOR SURFACE WARFARE OFFI-
7 CERS OF THE NAVY.
8 (a) PROGRESS REPORT.—Not later than one year
9 after the date of the enactment of this Act, the Secretary
10 of the Navy shall submit to the congressional defense com-
11 mittees a progress report on implementation of the rec-
12 ommendations for executive action in the report of the
13 Government Accountability Office titled ‘‘Navy Readiness:
14 Actions Needed to Evaluate and Improve Surface Warfare
15 Officer Career Path’’ (GAO–21–168). The report shall in-
16 clude the following:
17 (1) Actions taken to develop plans to improve
18 retention of SWOs, with a focus on retention of fe-
19 male SWOs, including specific goals, performance
20 measures, and timelines.
21 (2) Actions taken to analyze relevant logbook
22 data for trends between the number of SWOs
23 aboard ships and competition for limited training op-
24 portunities.
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1 (3) Actions taken to analyze the extent to which
2 commissioning practices affect training opportunities
3 for SWOs.
4 (4) Actions taken to reevaluate the need for nu-
5 clear-trained SWOs, assess the effects of the current
6 training approach, and make any related adjust-
7 ments to the respective career path.
8 (5) Actions taken to establish and implement
9 regular evaluations of the effectiveness of the cur-
10 rent career path, training, and policies for SWOs, in
11 successfully developing and retaining proficient
12 SWOs. The initial evaluation shall include—
13 (A) a comparison of such effectiveness
14 against that of other positions in the Navy, and
15 against comparable positions in other navies
16 and maritime communities; and
17 (B) input from SWOs at all grades.
18 (6) Actions taken to implement—
19 (A) workforce strategies;
20 (B) changes to the career path for SWOs,
21 training, and policies; and
22 (C) the implementation of pilot programs
23 to evaluate potential changes that address the
24 results of such initial evaluation.
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1 (b) SWO DEFINED.—In this section, the term
2 ‘‘SWO’’ means ‘‘surface warfare officer’’.
3 SEC. 519E. INDEPENDENT ASSESSMENT OF RETENTION OF
4 FEMALE SURFACE WARFARE OFFICERS.
5 (a) IN GENERAL.—The Secretary of Defense shall
6 seek to enter into an agreement with a nonprofit entity
7 or a federally funded research and development center
8 independent of the Department of Defense to conduct re-
9 search and analysis on the gender gap in retention of sur-
10 face warfare officers in the Navy.
11 (b) ELEMENTS.—The research and analysis con-
12 ducted under subsection (a) shall include consideration of
13 the following:
14 (1) Demographics of surface warfare officers,
15 disaggregated by gender, including—
16 (A) race;
17 (B) ethnicity;
18 (C) socioeconomic status;
19 (D) marital status (including whether the
20 spouse is a member of the Armed Forces and,
21 if so, the length of service of such spouse);
22 (E) whether the officer has children (in-
23 cluding number and age or ages of children);
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1 (F) whether an immediate family member
2 serves or has served as a member of the Armed
3 Forces; and
4 (G) the percentage of such officers who—
5 (i) indicate an intent to complete only
6 an initial service agreement; and
7 (ii) complete only an initial service
8 agreement.
9 (2) Whether there is a correlation between the
10 number of female surface warfare officers serving on
11 a vessel and responses of such officers to command
12 climate surveys.
13 (3) An anonymous but traceable study of com-
14 mand climate results to—
15 (A) correlate responses from particular fe-
16 male surface warfare officers with resignation;
17 and
18 (B) compare attitudes of first-tour and
19 second-tour female surface warfare officers.
20 (4) Recommendations based on the findings
21 under paragraphs (1), (2), and (3).
22 (c) REPORTS.—
23 (1) IN GENERAL.—Not later than 270 days
24 after the date on which a nonprofit entity or feder-
25 ally funded research and development center enters
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1 into an agreement under subsection (a) with the
2 Secretary of Defense, such entity or center shall
3 submit to the Secretary of Defense a report on the
4 results of the research and analysis under subsection
5 (a).
6 (2) SUBMISSION TO CONGRESS.—Not later than
7 one year after the date of the enactment of this Act,
8 the Secretary of Defense shall submit to the con-
9 gressional defense committees each of the following:
10 (A) A copy of the report submitted under
11 paragraph (1) without change.
12 (B) Any comments, changes, recommenda-
13 tions, or other information provided by the Sec-
14 retary of Defense relating to the research and
15 analysis under subsection (a) and contained in
16 such report.
17 SEC. 519F. IMPLEMENTATION OF CERTAIN RECOMMENDA-
18 TIONS REGARDING USE OF UNMANNED AIR-
19 CRAFT SYSTEMS BY THE NATIONAL GUARD.
20 Not later than September 30, 2022, the Secretary of
21 Defense shall implement recommendations of the Sec-
22 retary described in section 519C(a)(2) of the William M.
23 (Mac) Thornberry National Defense Authorization Act for
24 Fiscal Year 2021 (Public Law 116–283).
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1 Subtitle C—Military Justice and
2 Other Legal Matters
3 SEC. 521. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER
4 THE UNIFORM CODE OF MILITARY JUSTICE.
5 (a) IN GENERAL.—Section 806b(a) of title 10,
6 United States Code (article 6b(a) of the Uniform Code
7 of Military Justice) is amended—
8 (1) by redesignating paragraph (8) as para-
9 graph (9); and
10 (2) by inserting after paragraph (7) the fol-
11 lowing new paragraph:
12 ‘‘(8) The right to be informed in a timely man-
13 ner of any pre-trial agreement, separation-in-lieu-of-
14 trial agreement, or non-prosecution agreement relat-
15 ing to the offense, unless providing such information
16 would jeopardize another law enforcement pro-
17 ceeding or would violate the privacy concerns of an
18 individual other than the accused.’’.
19 (b) POLICY ON INFORMATION PROVIDED TO VIC-
20 TIMS.—
21 (1) UNIFORM POLICY REQUIRED.—Not later
22 than one year after the date of the enactment of this
23 Act, the Secretary of Defense, in consultation with
24 the Secretary of the Department in which the Coast
25 Guard is operating, shall establish a uniform policy
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1 for the sharing of the following information relating
2 to the victim of an offense under chapter 47 of title
3 10, United States Code (the Uniform Code of Mili-
4 tary Justice), with a Special Victims’ Counsel or
5 Victims’ Legal Counsel representing such victim:
6 (A) Any recorded statements of the victim
7 to investigators.
8 (B) The record of any forensic examination
9 of the person or property of the victim, includ-
10 ing the record of any sexual assault forensic
11 exam of the victim that is in possession of in-
12 vestigators or the Government.
13 (C) Any other personal or medical record
14 of the victim that is in the possession of inves-
15 tigators or the Government.
16 (2) EXCEPTION FOR WITHHOLDING OF INFOR-
17 MATION IN CERTAIN CIRCUMSTANCES.—The policy
18 under paragraph (1) may set forth circumstances in
19 which the information specified in such paragraph
20 may be withheld for the purpose of protecting the
21 integrity of an investigation or criminal proceeding.
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1 SEC. 522. COMMANDING OFFICER’S NON-JUDICIAL PUNISH-
2 MENT.
3 (a) IN GENERAL.—Section 815 of title 10, United
4 States Code (article 15 of the Uniform Code of Military
5 Justice), is amended—
6 (1) by redesignating subsections (c) through (g)
7 as subsections (d) through (h), respectively;
8 (2) by inserting after subsection (b), the fol-
9 lowing new subsection:
10 ‘‘(c)(1) Except as provided in paragraphs (2) and (3),
11 a commanding officer may not impose a punishment au-
12 thorized in subsection (b) unless, before the imposition of
13 such punishment, the commanding officer—
14 ‘‘(A) requests and receives legal guidance re-
15 garding the imposition of such punishment from a
16 judge advocate or other legal officer of the armed
17 force of which the commanding officer is a member;
18 and
19 ‘‘(B) provides the member who may be subject
20 to such punishment with an opportunity to consult
21 appropriate legal counsel.
22 ‘‘(2) Paragraph (1) shall not apply to the punish-
23 ments specified in subparagraphs (E) and (F) of sub-
24 section (b)(2).
25 ‘‘(3) A commanding officer may waive the require-
26 ments set forth in subparagraphs (A) and (B) of para-
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1 graph (1), on a case by case basis, if the commanding offi-
2 cer determines such a waiver is necessary in the national
3 security interests of the United States.’’; and
4 (3) in subsection (f), as so redesignated, by
5 striking ‘‘subsection (d)’’ and inserting ‘‘subsection
6 (e)’’.
7 (b) EFFECTIVE DATE AND APPLICABILITY.—The
8 amendments made by subsection (a) shall take effect 180
9 days after the date of the enactment of this Act and shall
10 apply with respect to punishments imposed under section
11 815 of title 10, United States Code (article 15 of the Uni-
12 form Code of Military Justice), on or after such effective
13 date.
14 (c) ADDITIONAL GUIDANCE REQUIRED.—Not later
15 than one year after the date of the enactment of this Act,
16 each Secretary of a military department shall prescribe
17 regulations or issue other written guidance with respect
18 to non-judicial punishment under section 815 of title 10,
19 United States Code (article 15 of the Uniform Code of
20 Military Justice) that—
21 (1)(A) identifies criteria to be considered when
22 determining whether a member of the armed forces
23 is attached to or embarked in a vessel for the pur-
24 poses of determining whether such member may de-
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1 mand trial by court-martial in lieu of punishment
2 under such section (article); and
3 (B) establishes a policy about the appropriate
4 and responsible invocation of such exception; and
5 (2) establishes criteria commanders must con-
6 sider when evaluating whether to issue a waiver
7 under subsection (c)(3) of such section (article) (as
8 added by subsection (a) of this section) on the basis
9 of the national security interests of the United
10 States.
11 SEC. 523. SELECTION PROCESS FOR MEMBERS TO SERVE
12 ON COURTS-MARTIAL.
13 Section 825(e) of title 10, United States Code (article
14 25(e) of the Uniform Code of Military Justice), is amend-
15 ed—
16 (1) by redesignating paragraphs (1), (2), and
17 (3) as paragraphs (3), (4), and (5), respectively;
18 (2) by inserting before paragraph (3), as so re-
19 designated, the following new paragraphs: ‘‘(1)
20 When convening a court-martial, the convening au-
21 thority shall detail as members thereof members of
22 the armed forces under such regulations as the
23 President may prescribe for the randomized selection
24 of qualified personnel available to the convening au-
25 thority for detail.
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1 ‘‘(2) The randomized selection process developed and
2 implemented under paragraph (1) may include parameter
3 controls that—
4 ‘‘(A) allow for exclusions based on scheduling
5 availability;
6 ‘‘(B) allow for controls based on military rank;
7 and
8 ‘‘(C) allow for controls to promote gender, ra-
9 cial, and ethnic diversity and inclusion.’’; and
10 (3) in paragraph (4), as so redesignated, by—
11 (A) striking the first sentence; and
12 (B) striking ‘‘when he is’’ and inserting
13 ‘‘when the member is’’.
14 SEC. 524. PETITION FOR DNA TESTING UNDER THE UNI-
15 FORM CODE OF MILITARY JUSTICE.
16 (a) IN GENERAL.—Subchapter IX of chapter 47 of
17 title 10, United States Code (the Uniform Code of Military
18 Justice), is amended by inserting after section 873 (article
19 73) the following new section (article):
20 ‘‘§ 873a. Art. 73a. Petition for DNA testing
21 ‘‘(a) IN GENERAL.—Upon a written petition by an
22 accused sentenced to imprisonment or death pursuant to
23 a conviction under this chapter (referred to in this section
24 as the ‘applicant’), the Judge Advocate General shall order
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1 DNA testing of specific evidence if the Judge Advocate
2 General finds that all of the following apply:
3 ‘‘(1) The applicant asserts, under penalty of
4 perjury, that the applicant is actually innocent of
5 the offense for which the applicant is sentenced to
6 imprisonment or death.
7 ‘‘(2) The specific evidence to be tested was se-
8 cured in relation to the investigation or prosecution
9 of the offense referenced in the applicant’s assertion
10 under paragraph (1).
11 ‘‘(3) The specific evidence to be tested—
12 ‘‘(A) was not previously subjected to DNA
13 testing and the applicant did not knowingly fail
14 to request DNA testing of that evidence in a
15 prior motion for postconviction DNA testing; or
16 ‘‘(B) was previously subjected to DNA
17 testing and the applicant is requesting DNA
18 testing using a new method or technology that
19 is substantially more probative than the prior
20 DNA testing.
21 ‘‘(4) The specific evidence to be tested is in the
22 possession of the Government and has been subject
23 to a chain of custody and retained under conditions
24 sufficient to ensure that such evidence has not been
25 substituted, contaminated, tampered with, replaced,
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1 or altered in any respect material to the proposed
2 DNA testing.
3 ‘‘(5) The proposed DNA testing is reasonable in
4 scope, uses scientifically sound methods, and is con-
5 sistent with accepted forensic practices.
6 ‘‘(6) The applicant identifies a theory of de-
7 fense that—
8 ‘‘(A) is not inconsistent with an affirmative
9 defense presented at trial; and
10 ‘‘(B) would establish the actual innocence
11 of the applicant of the offense referenced in the
12 applicant’s assertion under paragraph (1).
13 ‘‘(7) If the applicant was convicted following a
14 trial, the identity of the perpetrator was at issue in
15 the trial.
16 ‘‘(8) The proposed DNA testing of the specific
17 evidence may produce new material evidence that
18 would—
19 ‘‘(A) support the theory of defense ref-
20 erenced in paragraph (6); and
21 ‘‘(B) raise a reasonable probability that
22 the applicant did not commit the offense.
23 ‘‘(9) The applicant certifies that the applicant
24 will provide a DNA sample for purposes of compari-
25 son.
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1 ‘‘(10) The petition is made in a timely fashion,
2 subject to the following conditions:
3 ‘‘(A) There shall be a rebuttable presump-
4 tion of timeliness if the petition is made within
5 five years of the enactment of the National De-
6 fense Authorization Act for Fiscal Year 2022 or
7 within three years after the date of the entry of
8 judgment under section 860c of this title (arti-
9 cle 60c), whichever comes later. Such presump-
10 tion may be rebutted upon a showing—
11 ‘‘(i) that the applicant’s petition for a
12 DNA test is based solely upon information
13 used in a previously denied motion; or
14 ‘‘(ii) of clear and convincing evidence
15 that the applicant’s filing is done solely to
16 cause delay or harass.
17 ‘‘(B) There shall be a rebuttable presump-
18 tion against timeliness for any petition not sat-
19 isfying subparagraph (A) above. Such presump-
20 tion may be rebutted upon the Judge Advocate
21 General’s finding—
22 ‘‘(i) that the applicant was or is in-
23 competent and such incompetence substan-
24 tially contributed to the delay in the appli-
25 cant’s motion for a DNA test;
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1 ‘‘(ii) the evidence to be tested is newly
2 discovered DNA evidence;
3 ‘‘(iii) that the applicant’s petition is
4 not based solely upon the applicant’s own
5 assertion of innocence and, after consid-
6 ering all relevant facts and circumstances
7 surrounding the petition, a denial would
8 result in a manifest injustice; or
9 ‘‘(iv) upon good cause shown.
10 ‘‘(C) For purposes of this paragraph—
11 ‘‘(i) the term ‘incompetence’ has the
12 meaning given that term in section 876b of
13 this chapter (article 76b);
14 ‘‘(ii) the term ‘manifest’ means that
15 which is unmistakable, clear, plain, or in-
16 disputable and requires that the opposite
17 conclusion be clearly evident.
18 ‘‘(b) APPEAL OF DENIAL.— The applicant may ap-
19 peal the Judge Advocate General’s denial of the petition
20 of DNA testing to the Court of Appeals for the Armed
21 Forces.
22 ‘‘(c) EVIDENCE INVENTORY; PRESERVATION ORDER;
23 APPOINTMENT OF COUNSEL.—
24 ‘‘(1) INVENTORY.—The Judge Advocate Gen-
25 eral shall order the preparation of an inventory of
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1 the evidence related to the case for which a petition
2 is made under subsection (a), which shall be pro-
3 vided to the applicant.
4 ‘‘(2) PRESERVATION ORDER.—To the extent
5 necessary to carry out proceedings under this sec-
6 tion, the Judge Advocate General shall direct the
7 preservation of the specific evidence relating to a pe-
8 tition under subsection (a).
9 ‘‘(3) APPOINTMENT OF COUNSEL.—The appli-
10 cant shall be eligible for representation by appellate
11 defense counsel under section 870 of this chapter
12 (article 70).
13 ‘‘(d) TESTING COSTS.—The costs of any DNA test-
14 ing ordered under this section shall be paid by the Govern-
15 ment.
16 ‘‘(e) TIME LIMITATION IN CAPITAL CASES.—In any
17 case in which the applicant is sentenced to death—
18 ‘‘(1) any DNA testing ordered under this sec-
19 tion shall be completed not later than 60 days after
20 the date on which the test is ordered by the Judge
21 Advocate General; and
22 ‘‘(2) not later than 120 days after the date on
23 which the DNA testing ordered under this section is
24 completed, the Judge Advocate General shall order
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1 any post-testing procedures under subsection (f) or
2 (g), as appropriate.
3 ‘‘(f) DISCLOSURE OF TEST RESULTS.—Reporting of
4 test results shall be simultaneously disclosed to the Gov-
5 ernment and the applicant.
6 ‘‘(g) POST-TESTING PROCEDURES; INCONCLUSIVE
7 AND INCULPATORY RESULTS.—
8 ‘‘(1) INCONCLUSIVE RESULTS.—If DNA test re-
9 sults obtained under this section are inconclusive,
10 the Judge Advocate General may order further test-
11 ing, if appropriate, or may deny the applicant relief.
12 ‘‘(2) INCULPATORY RESULTS.—If DNA test re-
13 sults obtained under this section show that the ap-
14 plicant was the source of the DNA evidence, the
15 Judge Advocate General shall—
16 ‘‘(A) deny the applicant relief; and
17 ‘‘(B) if the DNA test results relate to a
18 State offense, forward the finding to any appro-
19 priate State official.
20 ‘‘(h) POST-TESTING PROCEDURES; MOTION FOR
21 NEW TRIAL OR RESENTENCING.—
22 ‘‘(1) IN GENERAL.—Notwithstanding any provi-
23 sion of law that would bar a motion under this para-
24 graph as untimely, if DNA test results obtained
25 under this section exclude the applicant as the
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1 source of the DNA evidence, the applicant may file
2 a petition for a new trial or resentencing, as appro-
3 priate.
4 ‘‘(2) STANDARD FOR GRANTING MOTION FOR
5 NEW TRIAL OR RESENTENCING.—The applicant’s pe-
6 tition for a new trial or resentencing, as appropriate,
7 shall be granted if the DNA test results, when con-
8 sidered with all other evidence in the case (regard-
9 less of whether such evidence was introduced at
10 trial), establish by compelling evidence that a new
11 trial would result in the acquittal of the applicant.
12 ‘‘(i) RELATIONSHIP TO OTHER LAWS.—
13 ‘‘(1) POST-CONVICTION RELIEF.—Nothing in
14 this section shall affect the circumstances under
15 which a person may obtain DNA testing or post-con-
16 viction relief under any other provision of law.
17 ‘‘(2) HABEAS CORPUS.—Nothing in this section
18 shall provide a basis for relief in any Federal habeas
19 corpus proceeding.’’.
20 (b) CLERICAL AMENDMENT.—The table of sections
21 at the beginning of such subchapter is amended by insert-
22 ing after the item relating to section 873 (article 73) the
23 following new item:
‘‘873a. 73a. Petition for DNA testing.’’.
24 SEC. 525. PUNITIVE ARTICLE ON VIOLENT EXTREMISM.
25 (a) VIOLENT EXTREMISM.—
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1 (1) IN GENERAL.—Subchapter X of chapter 47
2 of title 10, United States Code, is amended by in-
3 serting after section 916 (article 116 of the Uniform
4 Code of Military Justice) the following new section
5 (article):
6 ‘‘§ 916a. Art. 116a. violent extremism
7 ‘‘(a) PROHIBITION.—Any person subject to this chap-
8 ter who—
9 ‘‘(1) knowingly commits a covered offense
10 against—
11 ‘‘(A) the Government of the United States;
12 or
13 ‘‘(B) any person or class of people;
14 ‘‘(2)(A) with the intent to intimidate or coerce
15 any person or class of people; or
16 ‘‘(B) with the intent to influence, affect, or re-
17 taliate against the policy or conduct of the Govern-
18 ment of the United States or any State; and
19 ‘‘(3) does so—
20 ‘‘(A) to achieve political, ideological, reli-
21 gious, social, or economic goals; or
22 ‘‘(B) in the case of an act against a person
23 or class of people, for reasons relating to the
24 race, religion, color, ethnicity, sex, age, dis-
25 ability status, national origin, sexual orienta-
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1 tion, or gender identity of the person or class
2 of people concerned;
3 is guilty of violent extremism and shall be punished
4 as a court-martial may direct.
5 ‘‘(b) ATTEMPTS, SOLICITATION, AND CONSPIRACY.—
6 Any person who attempts, solicits, or conspires to commit
7 an offense under this section shall be punished in the same
8 manner as a person who completes the offense.
9 ‘‘(c) DEFINITIONS.—In this section:
10 ‘‘(1) COVERED OFFENSE.—The term ‘covered
11 offense’ means—
12 ‘‘(A) loss, damage, destruction, or wrongful
13 disposition of military property of the United
14 States, in violation of section 908 of this title
15 (article 108);
16 ‘‘(B) waste, spoilage, or destruction of
17 property other than military property of the
18 United States, in violation of section 909 of this
19 title (article 109);
20 ‘‘(C) communicating threats, in violation of
21 section 915 of this title (article 115);
22 ‘‘(D) riot or breach of peace, in violation of
23 section 916 of this title (article 116);
24 ‘‘(E) provoking speech or gestures, in vio-
25 lation of section 917 of this title (article 117);
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1 ‘‘(F) murder, in violation of section 918 of
2 this title (article 118);
3 ‘‘(G) manslaughter, in violation of section
4 919 of this title (article 119);
5 ‘‘(H) larceny or wrongful appropriation, in
6 violation of section 921 of this title (article
7 121);
8 ‘‘(I) robbery, in violation of section 922 of
9 this title (article 122);
10 ‘‘(J) kidnapping, in violation of section
11 925 of this title (article 125);
12 ‘‘(K) assault, in violation of section 928 of
13 this title (article 128);
14 ‘‘(L) conspiracy to commit an offense spec-
15 ified in any of subparagraphs (A) through (K),
16 as punishable under section 881 of this title
17 (article 81);
18 ‘‘(M) solicitation to commit an offense
19 specified in any of subparagraphs (A) through
20 (K), as punishable under section 882 of this
21 title (article 82); or
22 ‘‘(N) an attempt to commit an offense
23 specified in any of subparagraphs (A) through
24 (K), as punishable under section 880 of this
25 title (article 80).
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1 ‘‘(2) STATE.—The term ‘State’ includes any
2 State of the United States, the District of Columbia,
3 the Commonwealth of Puerto Rico, and any other
4 possession or territory of the United States.’’.
5 (2) CLERICAL AMENDMENT.—The table of sec-
6 tions at the beginning of such subchapter is amend-
7 ed by inserting after the item relating to section 916
8 (article 116) the following new item:
‘‘916a. 116a. Violent extremism.’’.
9 (b) EFFECTIVE DATE.—The amendments made by
10 subsection (a) shall take effect on the date of the enact-
11 ment of this Act and shall apply to offenses committed
12 on or after such date.
13 SEC. 526. CLARIFICATIONS OF PROCEDURE IN INVESTIGA-
14 TIONS OF PERSONNEL ACTIONS TAKEN
15 AGAINST MEMBERS OF THE ARMED FORCES
16 IN RETALIATION FOR PROTECTED COMMU-
17 NICATIONS.
18 (a) IN GENERAL.—Subparagraphs (D) and (E) of
19 paragraph (4) of section 1034(c) of title 10, United States
20 Code, are amended to read as follows:
21 ‘‘(D)(i) Upon determining that an investigation of an
22 allegation under paragraph (1) is warranted, the Inspector
23 General making the determination shall expeditiously in-
24 vestigate the allegation to determine whether the protected
25 communication or activity under subsection (b) was a con-
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1 tributing factor in the personnel action prohibited under
2 subsection (b) that was taken or withheld (or threatened
3 to be taken or withheld) against a member of the armed
4 forces.
5 ‘‘(ii) In the case of a determination made by the In-
6 spector General of the Department of Defense, that In-
7 spector General may delegate responsibility for the inves-
8 tigation to an appropriate Inspector General of a military
9 department.
10 ‘‘(iii) The member alleging the prohibited personnel
11 action may use circumstantial evidence to demonstrate
12 that the protected communication or activity under sub-
13 section (b) was a contributing factor in the personnel ac-
14 tion prohibited under subsection (b). Such circumstantial
15 evidence may include that the person taking such prohib-
16 ited personnel action knew of the protected communication
17 or activity, and that the prohibited personnel action oc-
18 curred within a period of time such that a reasonable per-
19 son could conclude that the communication or protected
20 activity was a contributing factor in the personnel action.
21 ‘‘(iv) If the Inspector General determines it likelier
22 than not that the member made a communication or par-
23 ticipated in an activity protected under subsection (b) that
24 was a contributing factor in a personnel action described
25 in such subsection, the Inspector General shall presume
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1 such personnel action to be prohibited under such sub-
2 section unless the Inspector General determines there is
3 clear and convincing evidence that the same personnel ac-
4 tion would have occurred in the absence of such protected
5 communication or activity.
6 ‘‘(E) If the Inspector General preliminarily deter-
7 mines in an investigation under subparagraph (D) that a
8 personnel action prohibited under subsection (b) has oc-
9 curred and that such personnel action shall result in an
10 immediate hardship to the member alleging the personnel
11 action, the Inspector General shall promptly notify the
12 Secretary of the military department concerned or the Sec-
13 retary of Homeland Security, as applicable, of the hard-
14 ship, and such Secretary shall take such action as such
15 Secretary determines appropriate.’’.
16 (b) TECHNICAL AMENDMENTS.—Such paragraph is
17 further amended in subparagraphs (A) and (B) by striking
18 ‘‘subsection (h)’’ both places it appears and inserting
19 ‘‘subsection (i)’’.
20 SEC. 527. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PRE-
21 VENTION AND RESPONSE.
22 (a) DELEGATION OF AUTHORITY TO AUTHORIZE EX-
23 CEPTIONAL ELIGIBILITY FOR CERTAIN BENEFITS.—
24 Paragraph (4) of section 1059(m) of title 10, United
25 States Code, is amended to read as follows:
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1 ‘‘(4)(A) Except as provided in subparagraph (B), the
2 authority of the Secretary concerned under paragraph (1)
3 may not be delegated.
4 ‘‘(B) During the two year period following the date
5 of the enactment of the National Defense Authorization
6 Act for Fiscal Year 2022, the authority of the Secretary
7 concerned under paragraph (1) may be delegated to an
8 official at the Assistant Secretary-level or above. Any exer-
9 cise of such delegated authority shall be reported to the
10 Secretary concerned on a quarterly basis.’’.
11 (b) EXTENSION OF REQUIREMENT FOR ANNUAL
12 FAMILY ADVOCACY PROGRAM REPORT REGARDING
13 CHILD ABUSE AND DOMESTIC VIOLENCE.—Section
14 574(a) of the National Defense Authorization Act for Fis-
15 cal Year 2017 (Public Law 114–328; 130 Stat. 2141) is
16 amended by striking ‘‘April 30, 2021’’ and inserting
17 ‘‘April 30, 2026’’.
18 (c) IMPLEMENTATION OF COMPTROLLER GENERAL
19 RECOMMENDATIONS.—
20 (1) IN GENERAL.—Consistent with the rec-
21 ommendations set forth in the report of the Comp-
22 troller General of the United States titled ‘‘Domestic
23 Abuse: Actions Needed to Enhance DOD’s Preven-
24 tion, Response, and Oversight’’ (GAO–21–289), the
25 Secretary of Defense, in consultation with the Secre-
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1 taries of the military departments, shall carry out
2 the activities specified in subparagraphs (A) through
3 (K).
4 (A) DOMESTIC ABUSE DATA.—Not later
5 than 180 days after the date of the enactment
6 of this Act, the Secretary of Defense, in con-
7 sultation with the Secretaries of the military de-
8 partments, shall carry out each of the following:
9 (i) Issue guidance to the Secretaries
10 of the military departments to clarify and
11 standardize the process for collecting and
12 reporting data on domestic abuse in the
13 Armed Forces, including—
14 (I) data on the numbers and
15 types of domestic abuse and domestic
16 violence incidents involving members
17 of the Armed Forces;
18 (II) the information required to
19 be reported to the database on domes-
20 tic violence incidents under section
21 1562 of title 10, United States Code;
22 and
23 (III) data for inclusion in the re-
24 ports regarding child abuse and do-
25 mestic violence required to be sub-
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1 mitted under section 574 of the Na-
2 tional Defense Authorization Act for
3 Fiscal Year 2017 (Public Law 114–
4 328; 130 Stat. 2141).
5 (ii) Develop a quality control process
6 to ensure the accurate and complete re-
7 porting of data on allegations of abuse in-
8 volving a member of the Armed Forces, in-
9 cluding allegations of abuse that do not
10 meet the Department of Defense definition
11 of domestic abuse.
12 (iii) Expand the scope of any report-
13 ing to Congress that includes data on do-
14 mestic abuse in the Armed Forces to in-
15 clude data on and analysis of the types of
16 allegations of domestic abuse.
17 (B) DOMESTIC VIOLENCE AND COMMAND
18 ACTION DATA.—Not later than 180 days after
19 the date of the enactment of this Act, the Sec-
20 retary of Defense, in consultation with the Sec-
21 retaries of the military departments, shall—
22 (i) evaluate the organizations and ele-
23 ments of the Department of Defense that
24 are responsible for tracking domestic vio-
25 lence incidents and the command actions
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1 taken in response to such incidents to de-
2 termine if there are actions that may be
3 carried out to—
4 (I) eliminate gaps and
5 redundancies in the activities of such
6 organizations;
7 (II) ensure consistency in the ap-
8 proaches of such organizations to the
9 tracking of such incidents and actions;
10 and
11 (III) otherwise improve the
12 tracking of such incidents and actions
13 across the Department; and
14 (ii) based on the evaluation under
15 clause (i), clarify or adjust—
16 (I) the duties of such organiza-
17 tions and elements; and
18 (II) the manner in which such or-
19 ganizations and elements coordinate
20 their activities.
21 (C) REGULATIONS FOR VIOLATION OF CI-
22 VILIAN ORDERS OF PROTECTION.—The Sec-
23 retary of Defense shall revise or issue regula-
24 tions (as applicable) to ensure that each Sec-
25 retary of a military department provides, to any
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1 member of the Armed Forces under the juris-
2 diction of such Secretary who is subject to a ci-
3 vilian order of protection, notice that the viola-
4 tion of such order may be punishable under
5 chapter 47 of title 10, United States Code (the
6 Uniform Code of Military Justice).
7 (D) AGREEMENTS WITH CIVILIAN VICTIM
8 SERVICE ORGANIZATIONS.—
9 (i) GUIDANCE REQUIRED.—The Sec-
10 retary of Defense, in consultation with the
11 Secretaries of the military departments,
12 shall issue guidance pursuant to which per-
13 sonnel of a Family Advocacy Program at a
14 military installation may enter into memo-
15 randa of understanding with qualified civil-
16 ian victim service organizations for pur-
17 poses of providing services to victims of do-
18 mestic abuse in accordance with clause (ii).
19 (ii) CONTENTS OF AGREEMENT.—A
20 memorandum of understanding entered
21 into under clause (i) shall provide that per-
22 sonnel of a Family Advocacy Program at a
23 military installation may refer a victim of
24 domestic abuse to a qualified civilian vic-
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1 tim service organization if such personnel
2 determine that—
3 (I) the services offered at the in-
4 stallation are insufficient to meet the
5 victim’s needs; or
6 (II) such a referral would other-
7 wise benefit the victim.
8 (E) SCREENING AND REPORTING OF INI-
9 TIAL ALLEGATIONS.—The Secretary of Defense,
10 in consultation with the Secretaries of the mili-
11 tary departments, shall develop and implement
12 a standardized process—
13 (i) to ensure consistency in the man-
14 ner in which allegations of domestic abuse
15 are screened and documented at military
16 installations, including by ensuring that al-
17 legations of domestic abuse are docu-
18 mented regardless of the severity of the in-
19 cident;
20 (ii) that uses a risk-based approach to
21 consistently identify, from among such al-
22 legations of domestic abuse, the allegations
23 that should be presented to an Incident
24 Determination Committee; and
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1 (iii) to ensure consistency in the form
2 and manner in which such allegations are
3 presented to Incident Determination Com-
4 mittees.
5 (F) IMPLEMENTATION AND OVERSIGHT OF
6 INCIDENT DETERMINATION COMMITTEES.—
7 (i) IMPLEMENTATION.—The Secretary
8 of Defense, in consultation with the Secre-
9 taries of the military departments, shall
10 ensure that Incident Determination Com-
11 mittees are fully implemented within each
12 Armed Force.
13 (ii) OVERSIGHT AND MONITORING.—
14 The Secretary of Defense shall—
15 (I) direct the Under Secretary of
16 Defense for Personnel and Readiness
17 to conduct oversight of the activities
18 of the Incident Determination Com-
19 mittees of the Armed Forces on an
20 ongoing basis; and
21 (II) establish a formal process
22 through which the Under Secretary
23 will monitor Incident Determination
24 Committees to ensure that the activi-
25 ties of such Committees are conducted
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1 in an consistent manner in accordance
2 with the applicable policies of the De-
3 partment of Defense and the Armed
4 Forces.
5 (G) REASONABLE SUSPICION STANDARD
6 FOR INCIDENT REPORTING.—Not later than 90
7 days after the date of the enactment of the Act,
8 the Secretary of Defense, in consultation with
9 the Secretaries of the military departments,
10 shall issue regulations—
11 (i) under which the personnel of a
12 Family Advocacy Program shall be re-
13 quired to report an allegation of domestic
14 abuse to an Incident Determination Com-
15 mittee if there is reasonable suspicion that
16 the abuse occurred; and
17 (ii) that fully define and establish
18 standardized criteria for determining
19 whether an allegation of abuse meets the
20 reasonable suspicion standard referred to
21 in clause (i).
22 (H) GUIDANCE FOR VICTIM RISK ASSESS-
23 MENT.—The Secretary of Defense, in consulta-
24 tion with the Secretaries of the military depart-
25 ments, shall issue guidance that—
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1 (i) identifies the risk assessment tools
2 that must be used by Family Advocacy
3 Program personnel to assess reports of do-
4 mestic abuse; and
5 (ii) establishes minimum qualifications
6 for the personnel responsible for using
7 such tools.
8 (I) IMPROVING FAMILY ADVOCACY PRO-
9 GRAM AWARENESS CAMPAIGNS.—The Secretary
10 of Defense, in consultation with the Secretaries
11 of the military departments, shall develop and
12 implement—
13 (i) a communications strategy to sup-
14 port the Armed Forces in increasing
15 awareness of the options and resources
16 available for reporting incidents of domes-
17 tic abuse; and
18 (ii) metrics to evaluate the effective-
19 ness of domestic abuse awareness cam-
20 paigns within the Department of Defense
21 and the Armed Forces, including by identi-
22 fying a target audience and defining meas-
23 urable objectives for such campaigns.
24 (J) ASSESSMENT OF THE DISPOSITION
25 MODEL FOR DOMESTIC VIOLENCE.—As part of
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1 the independent analysis required by section
2 549C of the William M. (Mac) Thornberry Na-
3 tional Defense Authorization Act for Fiscal
4 Year 2021 (Public Law 116–283) the Secretary
5 of Defense shall include an assessment of—
6 (i) the risks and consequences of the
7 disposition model for domestic violence in
8 effect as of the date of the enactment of
9 this Act, including the risks and con-
10 sequences of such model with respect to—
11 (I) the eligibility of victims for
12 transitional compensation and other
13 benefits; and
14 (II) the eligibility of perpetrators
15 of domestic violence to possess fire-
16 arms and any related effects on the
17 military service of such individuals;
18 and
19 (ii) the feasibility and advisability es-
20 tablishing alternative disposition models
21 for domestic violence, including an assess-
22 ment of the advantages and disadvantages
23 of each proposed model.
24 (K) FAMILY ADVOCACY PROGRAM TRAIN-
25 ING.—
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1 (i) TRAINING FOR COMMANDERS AND
2 SENIOR ENLISTED ADVISORS.—The Sec-
3 retary of Defense, in consultation with the
4 Secretaries of the military departments,
5 shall—
6 (I) ensure that the Family Advo-
7 cacy Program training provided to in-
8 stallation-level commanders and senior
9 enlisted advisors of the Armed Forces
10 meets the applicable requirements of
11 the Department of Defense; and
12 (II) shall provide such additional
13 guidance and sample training mate-
14 rials as may be necessary to improve
15 the consistency of such training.
16 (ii) TRAINING FOR CHAPLAINS.—The
17 Secretary of Defense shall—
18 (I) require that chaplains of the
19 Armed Forces receive Family Advo-
20 cacy Program training;
21 (II) establish content require-
22 ments and learning objectives for such
23 training; and
24 (III) provide such additional
25 guidance and sample training mate-
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1 rials as may be necessary to effec-
2 tively implement such training.
3 (iii) TRAINING COMPLETION DATA.—
4 The Secretary of Defense, in consultation
5 with the Secretaries of the military depart-
6 ments, shall develop a process to ensure
7 the quality and completeness of data indi-
8 cating whether members of the Armed
9 Forces who are required to complete Fam-
10 ily Advocacy Program training, including
11 installation-level commanders and senior
12 enlisted advisors, have completed such
13 training.
14 (2) GENERAL IMPLEMENTATION DATE.—Except
15 as otherwise provided in paragraph (1), the Sec-
16 retary of Defense shall complete the implementation
17 of the activities specified in such paragraph by not
18 later than one year after the date of the enactment
19 of this Act.
20 (3) QUARTERLY STATUS REPORT.—Not later
21 than 90 days after the date of the enactment of this
22 Act and on a quarterly basis thereafter until the
23 date on which all of the activities specified in para-
24 graph (1) have been implemented, the Secretary of
25 Defense shall submit to the appropriate congres-
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1 sional committees a report on the status of the im-
2 plementation of such activities.
3 (d) IMPROVING AWARENESS REGARDING FAMILY
4 ADVOCACY PROGRAMS AND OTHER SIMILAR SERVICES.—
5 (1) PILOT PROGRAM ON INFORMATION FOR
6 FAMILIES ENROLLING IN DEERS.—The Secretary of
7 Defense shall carry out a pilot program to assess the
8 feasibility and advisability of various mechanisms to
9 inform military families about the Family Advocacy
10 Programs and resiliency training of the Armed
11 Forces during their enrollment in the Defense En-
12 rollment Eligibility Reporting System. The matters
13 assessed by the pilot program shall include the fol-
14 lowing:
15 (A) An option for training members of
16 military families on the Family Advocacy Pro-
17 grams.
18 (B) Mechanisms for providing such family
19 members with information on—
20 (i) the resources available through the
21 Family Advocacy Programs of the Armed
22 Forces;
23 (ii) the Military OneSource program
24 of the Department of Defense;
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1 (iii) resources relating to domestic
2 abuse and child abuse and neglect that are
3 available through local community service
4 organizations; and
5 (iv) the availability of the Military and
6 Family Life Counseling Program.
7 (C) Steps that may be taken to better in-
8 form such family members of the option to
9 make a restricted report or an unrestricted re-
10 port to a Family Advocacy Program, including
11 information on the difference between such re-
12 ports.
13 (2) INFORMATION ON SERVICES FOR MILITARY
14 FAMILIES.—Each Secretary of a military department
15 shall ensure that a military family member who re-
16 ports an incident of domestic abuse or child abuse
17 and neglect to a Family Advocacy Program under
18 the jurisdiction of such Secretary receives com-
19 prehensive information, in a clear and easily under-
20 standable format, on the services available to such
21 family member in connection with such incident.
22 Such information shall include a complete guide to
23 the following:
24 (A) The Family Advocacy Program of the
25 Armed Force or military department concerned.
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1 (B) Military law enforcement services, in-
2 cluding an explanation of the process that fol-
3 lows a report of an incident of domestic abuse
4 or child abuse or neglect.
5 (C) Other applicable victim services.
6 (e) REPORTS ON STAFFING LEVELS FOR FAMILY AD-
7 VOCACY PROGRAMS.—
8 (1) IN GENERAL.—Not later than 180 days
9 after the date on which the staffing tool described
10 in paragraph (2) becomes operational, and on an an-
11 nual basis thereafter for the following five years, the
12 Secretary of Defense shall submit to the appropriate
13 congressional committees a report setting forth the
14 following:
15 (A) Military, civilian, and contract support
16 staffing levels for the Family Advocacy Pro-
17 grams of the Armed Forces at each military in-
18 stallation so staffed as of the date of the report.
19 (B) Recommendations for ideal staffing
20 levels for the Family Advocacy Programs, as
21 identified by the staffing tool.
22 (2) STAFFING TOOL DESCRIBED.—The staffing
23 tool described in this paragraph is a tool that—
24 (A) is under development as of the date of
25 the enactment of this Act pursuant to an agree-
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1 ment between the Department of Defense and
2 Pennsylvania State University; and
3 (B) will be used to assist the Department
4 in determining adequate staffing levels for
5 Family Advocacy Programs.
6 (3) COMPTROLLER GENERAL REVIEW.—
7 (A) IN GENERAL.—Following the submis-
8 sion of the first annual report required under
9 paragraph (1), the Comptroller General of the
10 United States shall conduct a review of the
11 staffing of the Family Advocacy Programs of
12 the Armed Forces.
13 (B) ELEMENTS.—The review conducted
14 under subparagraph (A) shall include an assess-
15 ment of each of the following:
16 (i) The extent to which the Armed
17 Forces have filled authorized billets for
18 Family Advocacy program manager, clini-
19 cian, and victim advocate positions.
20 (ii) The extent to which the Armed
21 Forces have experienced challenges filling
22 authorized Family Advocacy Program posi-
23 tions, and how such challenges, if any,
24 have affected the provision of services.
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1 (iii) The extent to which the Depart-
2 ment of Defense and Armed Forces have
3 ensured that Family Advocacy Program
4 clinicians and victim advocates meet quali-
5 fication and training requirements.
6 (iv) The extent to which the Depart-
7 ment of Defense has established metrics to
8 evaluate the effectiveness of the staffing
9 tool described in paragraph (2).
10 (C) BRIEFING AND REPORT.—
11 (i) BRIEFING.—Not later than one
12 year following the submission of the first
13 annual report required under paragraph
14 (1), the Comptroller General shall provide
15 to the Committees on Armed Services of
16 the Senate and the House of Representa-
17 tives a briefing on the preliminary observa-
18 tions made by the Comptroller General as
19 part of the review required under subpara-
20 graph (A).
21 (ii) REPORT.—Not later than 90 days
22 after the date of the briefing under clause
23 (i), the Comptroller General shall submit
24 to the Committees on Armed Services of
25 the Senate and the House of Representa-
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1 tives a report on the results of the review
2 conducted under subparagraph (A).
3 (f) STUDY AND REPORT ON INITIAL ENTRY
4 POINTS.—
5 (1) STUDY.—The Secretary of Defense shall
6 conduct a study to identify initial entry points (in-
7 cluding anonymous entry points) through which mili-
8 tary family members may seek information or sup-
9 port relating to domestic abuse or child abuse and
10 neglect. Such study shall include an assessment of—
11 (A) points at which military families inter-
12 act with the Armed Forces or the Department
13 of Defense through which such information or
14 support may be provided to family members, in-
15 cluding points such as enrollment in the De-
16 fense Enrollment Eligibility Reporting System,
17 and the issuance of identification cards; and
18 (B) other existing and potential routes
19 through which such family members may seek
20 information or support from the Armed Forces
21 or the Department, including online chat rooms,
22 text-based support capabilities, and software
23 applications for smartphones.
24 (2) REPORT.—Not later than one year after the
25 date of the enactment of this Act, the Secretary of
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1 Defense shall submit to the Committees on Armed
2 Services of the Senate and the House of Representa-
3 tives a report setting forth the results of the study
4 conducted under paragraph (1).
5 (g) INSPECTOR GENERAL REPORT.—Not later than
6 120 days after the date of the enactment of this Act, the
7 Inspector General of the Department of Defense shall sub-
8 mit to the Secretary of Defense and to the Committees
9 on Armed Services of the Senate and the House of Rep-
10 resentatives a report that—
11 (1) evaluates the progress of the Secretary of
12 Defense in carrying out this section; and
13 (2) identifies any actions the Secretary is tak-
14 ing improve the practices of military installations
15 with respect to the prevention and response to do-
16 mestic abuse and child abuse and neglect among
17 military families.
18 (h) DEFINITIONS.—In this section:
19 (1) The term ‘‘appropriate congressional com-
20 mittees’’ means—
21 (A) the Committee on Armed Services and
22 the Committee on Commerce, Science, and
23 Transportation of the Senate; and
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1 (B) the Committee on Armed Services and
2 the Committee on Transportation and Infra-
3 structure of the House of Representatives.
4 (2) The term ‘‘civilian order of protection’’ has
5 the meaning given that term in section 1561a of
6 title 10, United States Code.
7 (3) The term ‘‘disposition model for domestic
8 violence’’ means the process to determine—
9 (A) the disposition of charges of an offense
10 of domestic violence under section 928b of title
11 10, United States Code (article 128b of the
12 Uniform Code of Military Justice); and
13 (B) consequences of such disposition for
14 members of the Armed Forces determined to
15 have committed such offense and the victims of
16 such offense.
17 (4) The term ‘‘Incident Determination Com-
18 mittee’’ means a committee established at a military
19 installation that is responsible for reviewing reported
20 incidents of domestic abuse and determining whether
21 such incidents constitute harm to the victims of such
22 abuse according to the applicable criteria of the De-
23 partment of Defense.
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1 (5) The term ‘‘qualified civilian victim service
2 organization’’ means an organization outside the De-
3 partment of Defense that—
4 (A) is approved by the Secretary of De-
5 fense for the purpose of providing legal or other
6 services to victims of domestic abuse; and
7 (B) is located in a community surrounding
8 a military installation.
9 (6) The term ‘‘risk assessment tool’’ means a
10 process or technology that may be used to evaluate
11 a report of an incident of domestic abuse to deter-
12 mine the likelihood that the abuse will escalate or
13 recur.
14 SEC. 528. MANDATORY NOTIFICATION OF MEMBERS OF
15 THE ARMED FORCES IDENTIFIED IN CERTAIN
16 RECORDS OF CRIMINAL INVESTIGATIONS.
17 (a) IN GENERAL.—Chapter 80 of title 10, United
18 States Code, is amended by adding at the end the fol-
19 lowing new section:
20 ‘‘§ 1567b. Mandatory notification of members of the
21 armed forces and reserve components
22 identified in certain records of criminal
23 investigations
24 ‘‘(a) NOTIFICATION OF INCLUSION MCIO
25 RECORDS.—As soon as practicable after the conclusion of
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1 a criminal investigation by a military criminal investiga-
2 tive organization, the head of such organization shall pro-
3 vide, to any member or former member of the armed
4 forces and reserve components who is designated in the
5 records of the organization as a subject of such investiga-
6 tion, written notice of such designation.
7 ‘‘(b) INITIAL NOTIFICATION OF PREVIOUS INCLU-
8 SION IN MCIO RECORDS.—Not later than 180 days after
9 the date of the enactment of this section, the head of each
10 military criminal investigative organization shall provide,
11 to any member or former member of the armed forces and
12 reserve components who is designated in the records of
13 the organization as a subject of a criminal investigation
14 that is closed as of such date, written notice of such des-
15 ignation.
16 ‘‘(c) CONTENTS OF NOTICE.—Each notice provided
17 under subsection (a) and (b) shall include the following
18 information—
19 ‘‘(1) The date on which the member was des-
20 ignated as a subject of a criminal investigation in
21 the records of the military criminal investigative or-
22 ganization.
23 ‘‘(2) Identification of each crime for which the
24 member was investigated, including a citation to
25 each provision of chapter 47 of this title (the Uni-
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1 form Code of Military Justice) that the member was
2 suspected of violating, if applicable.
3 ‘‘(3) Instructions on how the member may seek
4 removal of the record in accordance with subsection
5 (d).
6 ‘‘(d) REMOVAL OF RECORD.—The Secretary of De-
7 fense shall—
8 ‘‘(1) establish a process through which a mem-
9 ber of the armed forces and reserve components who
10 receives a notice under subsection (a) or (b) may re-
11 quest the removal of the record that is the subject
12 of such notice; and
13 ‘‘(2) issue uniform guidance, applicable to all
14 military criminal investigative organizations, speci-
15 fying the conditions under which such a record may
16 be removed.
17 ‘‘(e) MILITARY CRIMINAL INVESTIGATIVE ORGANIZA-
18 TION DEFINED.—In this section, the term ‘military crimi-
19 nal investigative organization’ means any organization or
20 element of the Department of Defense or an armed force
21 that is responsible for conducting criminal investigations,
22 including—
23 ‘‘(1) the Army Criminal Investigation Com-
24 mand;
25 ‘‘(2) the Naval Criminal Investigative Service;
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1 ‘‘(3) the Air Force Office of Special Investiga-
2 tions;
3 ‘‘(4) the Coast Guard Investigative Service; and
4 ‘‘(5) the Defense Criminal Investigative Serv-
5 ice.’’.
6 (b) CLERICAL AMENDMENT.—The table of sections
7 at the beginning of such chapter is amended by adding
8 at the end the following new item:
‘‘1567b. Mandatory notification of members of the armed forces and reserve
components identified in certain records of criminal investiga-
tions.’’.
9 SEC. 529. AUTHORITY OF MILITARY JUDGES AND MILITARY
10 MAGISTRATES TO ISSUE MILITARY COURT
11 PROTECTIVE ORDERS.
12 (a) JUDGE-ISSUED MILITARY COURT PROTECTIVE
13 ORDERS.—Chapter 80 of title 10, United Stated Code, is
14 amended by adding at the end the following new section:
15 ‘‘§ 1567b. Authority of military judges and military
16 magistrates to issue military court pro-
17 tective orders
18 ‘‘(a) AUTHORITY TO ISSUE MILITARY COURT PRO-
19 TECTIVE ORDERS.—The President shall prescribe regula-
20 tions authorizing military judges and military magistrates
21 to issue protective orders in accordance with this section.
22 A protective order issued in accordance with this section
23 shall be known as a ‘military court protective order’.
24 Under the regulations prescribed by the President, mili-
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1 tary judges and military magistrates shall have exclusive
2 jurisdiction over the issuance, appeal, renewal, and termi-
3 nation of military court protective orders and such orders
4 may not be issued, appealed, renewed, or terminated by
5 State, local, territorial, or tribal courts.
6 ‘‘(b) ENFORCEMENT BY CIVILIAN AUTHORITIES.—
7 ‘‘(1) IN GENERAL.—In prescribing regulations
8 for military court protective orders, the President
9 shall seek to ensure that the protective orders are
10 issued in a form and manner that is enforceable by
11 State, local, territorial, and tribal civilian law en-
12 forcement authorities.
13 ‘‘(2) FULL FAITH AND CREDIT.—Any military
14 court protective order shall be accorded full faith
15 and credit by the court of a State, local, territorial,
16 or tribal jurisdiction (the enforcing jurisdiction) and
17 enforced by the court and law enforcement personnel
18 of that jurisdiction as if it were the order of the en-
19 forcing jurisdiction.
20 ‘‘(3) RECIPROCITY AGREEMENTS.—Consistent
21 with paragraphs (1) and (2), the Secretary of De-
22 fense shall seek to enter into reciprocity agreements
23 with State, local, territorial, and tribal civilian law
24 enforcement authorities under which—
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1 ‘‘(A) such authorities agree to enforce mili-
2 tary court protective orders; and
3 ‘‘(B) the Secretary agrees to enforce pro-
4 tective orders issued by such authorities that
5 are consistent with section 2265(b) of title 18.
6 ‘‘(c) PURPOSE AND FORM OF ISSUANCE.—A military
7 court protective order—
8 ‘‘(1) may be issued for the purpose of pro-
9 tecting a victim of an alleged covered offense, or a
10 family member or associate of the victim, from a
11 person subject to chapter 47 of this title (the Uni-
12 form Code of Military Justice) who is alleged to
13 have committed such an offense; and
14 ‘‘(2) shall include—
15 ‘‘(A) a finding regarding whether such per-
16 son represents a credible threat to the physical
17 safety of such alleged victim;
18 ‘‘(B) a finding regarding whether the al-
19 leged victim is an intimate partner or child of
20 such person; and
21 ‘‘(C) if applicable, terms explicitly prohib-
22 iting the use, attempted use, or threatened use
23 of physical force that would reasonably be ex-
24 pected to cause bodily injury against such inti-
25 mate partner or child.
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1 ‘‘(d) BURDEN OF PROOF.—In determining whether
2 to issue a military court protective order, a military judge
3 or military magistrate shall make all relevant findings by
4 a preponderance of the evidence. The burden shall be on
5 the party requesting the order to produce sufficient infor-
6 mation to satisfy the preponderance of the evidence stand-
7 ard referred to in the preceding sentence.
8 ‘‘(e) TIMING AND MANNER OF ISSUANCE.—A mili-
9 tary court protective order may be issued—
10 ‘‘(1) by a military magistrate, before referral of
11 charges and specifications to court-martial for trial,
12 at the request of—
13 ‘‘(A) a victim of an alleged covered offense;
14 or
15 ‘‘(B) a Special Victims’ Counsel or other
16 qualified counsel acting on behalf of the victim;
17 or
18 ‘‘(2) by a military judge, after referral of
19 charges and specifications to court-martial for trial,
20 at the request of qualified counsel, which may in-
21 clude a Special Victims’ Counsel acting on behalf of
22 the victim or trial counsel acting on behalf of the
23 prosecution.
24 ‘‘(f) DURATION AND RENEWAL OF PROTECTIVE
25 ORDER.—
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1 ‘‘(1) DURATION.—A military court protective
2 order shall be issued for an initial period of up to
3 180 days and may be reissued for one or more addi-
4 tional periods, each of which may be up to 180 days,
5 in accordance with paragraph (2).
6 ‘‘(2) EXPIRATION AND RENEWAL.—Before the
7 expiration of any period during which a military
8 court protective order is in effect, a military judge
9 or military magistrate shall review the order to de-
10 termine whether the order will terminate at the expi-
11 ration of such period or be reissued for an additional
12 period of up to 180 days.
13 ‘‘(3) NOTICE TO PROTECTED PERSONS.—If a
14 military judge or military magistrate determines
15 under paragraph (2) that a military court protective
16 order will terminate, the judge or magistrate con-
17 cerned shall direct that each person protected by the
18 order be provided with reasonable, timely, and accu-
19 rate notification of the termination.
20 ‘‘(g) REVIEW OF MAGISTRATE-ISSUED ORDERS.—
21 ‘‘(1) REVIEW.—A military judge, at the request
22 of the person subject to a military court protective
23 order that was issued by a military magistrate, may
24 review the order to determine if the order was prop-
25 erly issued by the magistrate.
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1 ‘‘(2) STANDARDS OF REVIEW.—A military
2 judge who reviews an order under paragraph (1)
3 shall terminate the order if the judge determines
4 that—
5 ‘‘(A) the military magistrate’s decision to
6 issue the order was an abuse of discretion, and
7 there is not sufficient information presented to
8 the military judge to justify the order; or
9 ‘‘(B) information not presented to the mili-
10 tary magistrate establishes that the military
11 court protective order should be terminated.
12 ‘‘(h) DUE PROCESS.—
13 ‘‘(1) PROTECTION OF DUE PROCESS.—Except
14 as provided in paragraph (2), a protective order au-
15 thorized under subsection (a) may be issued only
16 after reasonable notice and opportunity to be heard
17 and to present evidence, directly or through counsel,
18 is given to the person against whom the order is
19 sought sufficient to protect that person’s right to
20 due process.
21 ‘‘(2) EMERGENCY ORDERS.—A protective order
22 on an emergency basis may be issued on an ex parte
23 basis under such rules and limitations as the Presi-
24 dent shall prescribe. In the case of ex parte orders,
25 notice and opportunity to be heard and to present
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1 evidence must be provided within a reasonable time
2 not to exceed 30 calendar days after the date on
3 which the order is issued, sufficient to protect the
4 respondent’s due process rights.
5 ‘‘(i) RIGHTS OF VICTIM.—The victim of an alleged
6 covered offense who seeks a military court protective order
7 has, in addition to any rights provided under section 806b
8 (article 6b), the following rights with respect to any pro-
9 ceeding involving the protective order:
10 ‘‘(1) The right to reasonable, accurate, and
11 timely notice of the proceeding and of any change in
12 the status of the protective order resulting from the
13 proceeding.
14 ‘‘(2) The right to be reasonably heard at the
15 proceeding.
16 ‘‘(3) The right to appear in person, with or
17 without counsel, at the proceeding.
18 ‘‘(4) The right be represented by qualified
19 counsel in connection with the proceeding, which
20 may include a Special Victims’ Counsel.
21 ‘‘(5) The reasonable right to confer with a rep-
22 resentative of the command of the accused and
23 counsel representing the government at the pro-
24 ceeding, as applicable.
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1 ‘‘(6) The right to submit a written statement,
2 directly or through counsel, for consideration by the
3 military judge or military magistrate presiding over
4 the proceeding.
5 ‘‘(j) RESTRICTIONS ON ACCESS TO FIREARMS.—
6 ‘‘(1) IN GENERAL.—Notwithstanding any other
7 provision of law—
8 ‘‘(A) a military court protective order
9 issued on an ex parte basis shall restrain a per-
10 son from possessing, receiving, or otherwise ac-
11 cessing a firearm; and
12 ‘‘(B) a military court protective order
13 issued after the person to be subject to the
14 order has received notice and opportunity to be
15 heard on the order, shall restrain such person
16 from possessing, receiving, or otherwise access-
17 ing a firearm in accordance with section 922 of
18 title 18.
19 ‘‘(2) NOTICE TO ATTORNEYS GENERAL.—
20 ‘‘(A) NOTICE OF ISSUANCE.—Not later
21 than 72 hours after the issuance of an order
22 described in paragraph (1), the Secretary con-
23 cerned shall submit a record of the order—
24 ‘‘(i) to the Attorney General of the
25 United States; and
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1 ‘‘(ii) to the Attorney General of the
2 State or Territory in which the order is
3 issued.
4 ‘‘(B) NOTICE OF RECISSION OR EXPIRA-
5 TION.—Not later than 72 hours after the
6 recission or expiration of an order described in
7 paragraph (1), the Secretary concerned shall
8 submit notice of such recission or expiration to
9 the Attorneys General specified in subpara-
10 graph (A).
11 ‘‘(k) TREATMENT AS LAWFUL ORDER.—A military
12 court protective order shall be treated as a lawful order
13 for purposes of the application of section 892 (article 92)
14 and a violation of such an order shall be punishable under
15 such section (article).
16 ‘‘(l) COMMAND MATTERS.—
17 ‘‘(1) INCLUSION IN PERSONNEL FILE.—Any
18 military court protective order against a member
19 shall be placed and retained in the military per-
20 sonnel file of the member, except that such protec-
21 tive order shall be removed from the military per-
22 sonnel file of the member if the member is acquitted
23 of the offense to which the order pertains, it is de-
24 termined that the member did not commit the act
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1 giving rise to the protective order, or it is deter-
2 mined that the protective order was issued in error.
3 ‘‘(2) NOTICE TO CIVILIAN LAW ENFORCEMENT
4 OF ISSUANCE.—Any military court protective order
5 against a member shall be treated as a military pro-
6 tective order for purposes of section 1567a including
7 for purposes of mandatory notification of issuance to
8 Federal and State civilian law enforcement agencies
9 as required by that section.
10 ‘‘(m) RELATIONSHIP TO OTHER AUTHORITIES.—
11 Nothing in this section may be construed as prohibiting—
12 ‘‘(1) a commanding officer from issuing or en-
13 forcing any otherwise lawful order in the nature of
14 a protective order to or against members of the offi-
15 cer’s command;
16 ‘‘(2) pretrial restraint in accordance with Rule
17 for Courts-Martial 304 (as set forth in the Manual
18 for Courts-Martial, 2019 edition, or any successor
19 rule); or
20 ‘‘(3) pretrial confinement in accordance with
21 Rule for Courts-Martial 305 (as set forth in the
22 Manual for Courts-Martial, 2019 edition, or any suc-
23 cessor rule).
24 ‘‘(n) DELIVERY TO CERTAIN PERSONS.—A physical
25 and electronic copy of any military court protective order
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1 shall be provided, as soon as practicable after issuance,
2 to the following:
3 ‘‘(1) The person or persons protected by the
4 protective order or to the guardian of such a person
5 if such person is under the age of 18 years.
6 ‘‘(2) The person subject to the protective order.
7 ‘‘(3) To such commanding officer in the chain
8 of command of the person subject to the protective
9 order as the President shall prescribe for purposes
10 of this section.
11 ‘‘(o) DEFINITIONS.—In this section:
12 ‘‘(1) CONTACT.—The term ‘contact’ includes
13 contact in person or through a third party, or
14 through gifts,
15 ‘‘(2) COMMUNICATION.—The term ‘communica-
16 tion’ includes communication in person or through a
17 third party, and by telephone or in writing by letter,
18 data fax, or other electronic means.
19 ‘‘(3) COVERED OFFENSE.—The term ‘covered
20 offense’ means the following:
21 ‘‘(A) An alleged offense under section 920,
22 920a, 920b, 920c, or 920d of this title (article
23 120, 120a, 120b, 120c, or 120d of the Uniform
24 Code of Military Justice).
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1 ‘‘(B) An alleged offense of stalking under
2 section 930 of this title (article 130 of the Uni-
3 form Code of Military Justice).
4 ‘‘(C) An alleged offense of domestic vio-
5 lence under section 928b of this title (article
6 128b of the Uniform Code of Military Justice).
7 ‘‘(D) A conspiracy to commit an offense
8 specified in subparagraphs (A) through (C) as
9 punishable under section 881 of this title (arti-
10 cle 81 of the Uniform Code of Military Justice).
11 ‘‘(E) A solicitation to commit an offense
12 specified in subparagraphs (A) through (C) as
13 punishable under section 882 of this title (arti-
14 cle 82 of the Uniform Code of Military Justice).
15 ‘‘(F) An attempt to commit an offense
16 specified in subparagraphs (A) through (C) as
17 punishable under section 880 of this title (arti-
18 cle 80 of the Uniform Code of Military Justice).
19 ‘‘(4) MILITARY JUDGE AND MILITARY MAG-
20 ISTRATE.—The terms ‘military judge’ and ‘military
21 magistrate’ mean a commissioned officer of the
22 armed forces who is a member of the bar of a Fed-
23 eral court or a member of the bar of the highest
24 court of a State and who is certified to be qualified,
25 by reason of education, training, experience, and ju-
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1 dicial temperament, for duty as a military judge or
2 magistrate by the Judge Advocate General of the
3 armed force of which the officer is a member.
4 ‘‘(5) PROTECTIVE ORDER.—The term ‘protec-
5 tive order’ means an order that—
6 ‘‘(A) restrains a person from harassing,
7 stalking, threatening, or otherwise contacting or
8 communicating with a victim of an alleged cov-
9 ered offense, or a family member or associate of
10 the victim, or engaging in other conduct that
11 would place such other person in reasonable
12 fear of bodily injury to any such other person;
13 ‘‘(B) by its terms, explicitly prohibits—
14 ‘‘(i) the use, attempted use, or threat-
15 ened use of physical force by the person
16 against a victim of an alleged covered of-
17 fense, or a family member or associate of
18 the victim, that would reasonably be ex-
19 pected to cause bodily injury;
20 ‘‘(ii) the initiation by the person re-
21 strained of any contact or communication
22 with such other person;
23 ‘‘(iii) any other behavior by the person
24 restrained that the court deems necessary
25 to provide for the safety and welfare of the
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1 victim of an alleged covered offense, or a
2 family member or associate of the victim;
3 or
4 ‘‘(iv) actions described by any of
5 clauses (i) through (iii).
6 ‘‘(6) SPECIAL VICTIMS’ COUNSEL.—The term
7 ‘Special Victims Counsel’ means a Special Victims’
8 Counsel described in section 1044e and includes a
9 Victims’ Legal Counsel of the Navy.’’.
10 (b) CLERICAL AMENDMENT.—The table of sections
11 at the beginning of such chapter is amended by adding
12 at the end the following new item:
‘‘1567b. Authority of military judges and military magistrates to issue military
court protective orders.’’.
13 (c) IMPLEMENTATION.—The President shall pre-
14 scribe regulations implementing section 1567b of title 10,
15 United States Code (as added by subsection (a)), by not
16 later than one year after the date of the enactment of this
17 Act.
18 SEC. 529A. COUNTERING EXTREMISM IN THE ARMED
19 FORCES.
20 (a) IN GENERAL.—Part II of subtitle A of title 10,
21 United States Code, is amended by adding at the end the
22 following new chapter:
23 ‘‘CHAPTER 89—COUNTERING EXTREMISM
‘‘1801. Office of Countering Extremism.
‘‘1802. Training and education.
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‘‘1803. Data collection and analysis.
‘‘1804. Reporting requirements.
‘‘1805. Definitions.
1 ‘‘§ 1801. Office of Countering Extremism
2 ‘‘(a) ESTABLISHMENT.—(1) There is an Office of
3 Countering Extremism (in this section referred to as the
4 ‘Office’) within the Office of the Under Secretary of De-
5 fense for Personnel and Readiness.
6 ‘‘(2) The Office shall be headed by the Director of
7 Countering Extremism (in this chapter referred to as the
8 ‘Director’), who shall be appointed by the Secretary of De-
9 fense, in consultation with the Secretary of Homeland Se-
10 curity, and report directly to the Under Secretary of De-
11 fense for Personnel and Readiness and the Secretary.
12 ‘‘(b) DUTIES.—The Director shall—
13 ‘‘(1) be responsible for policy of countering ex-
14 tremism within the armed forces;
15 ‘‘(2) in coordination with the Secretaries of the
16 military departments, develop and implement pro-
17 grams, resources, and activities to counter extre-
18 mism within the armed forces;
19 ‘‘(3) establish policies to ensure adequate pro-
20 tection, transparency of process, and availability of
21 resources for individuals who report incidents of ex-
22 tremism;
23 ‘‘(4) facilitate and coordinate with the Secre-
24 taries of the military departments, law enforcement
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1 organizations, security organizations, and insider
2 threat programs in the armed forces;
3 ‘‘(5) engage and interact with, and solicit rec-
4 ommendations from, outside experts on extremism;
5 ‘‘(6) coordinate with—
6 ‘‘(A) the Under Secretary for Defense for
7 Intelligence and Security; and
8 ‘‘(B) the Deputy Inspector General of the
9 Department of Defense for Diversity and Inclu-
10 sion and Supremacist, Extremism and Criminal
11 Gang Activity; and
12 ‘‘(7) perform any additional duties prescribed
13 by the Secretary of Defense, in consultation with the
14 Secretary of Homeland Security.
15 ‘‘§ 1802. Training and education
16 ‘‘(a) IN GENERAL.—The Secretary of each military
17 department, in coordination with the Director, shall de-
18 velop and implement training and education programs and
19 related materials to assist members of the armed forces
20 and civilian employees of the armed forces in identifying,
21 preventing, responding to, reporting, and mitigating the
22 risk of extremism.
23 ‘‘(b) EXTREMIST INSIDER THREAT TRAINING.—(1)
24 The training and education programs and materials de-
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1 scribed in subsection (a) shall include information on the
2 following:
3 ‘‘(A) What constitutes an extremist insider threat.
4 ‘‘(B) Risks posed by extremist insider threats.
5 ‘‘(C) How to identify extremist insider threats.
6 ‘‘(D) How to recognize when an individual is being
7 influenced by extremism or targeted for recruitment by ex-
8 tremist groups.
9 ‘‘(E) Information about procedures on when and how
10 to report detected extremist insider threats.
11 ‘‘(F) Resources for reporting outside the chain of
12 command.
13 ‘‘(G) Media literacy training.
14 ‘‘(H) Whistleblower protections.
15 ‘‘(I) Such other information as may be required by
16 the Secretary of Defense, in consultation with the Sec-
17 retary of Homeland Security.
18 ‘‘(2) The Secretary of Defense, in consultation with
19 the Secretary of Homeland Security, shall provide the
20 training and education described in subsection (a) as part
21 of each of the following:
22 ‘‘(A) Initial entry training for members of the
23 armed forces.
24 ‘‘(B) Curricula of—
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1 ‘‘(i) the United States Army Training and
2 Doctrine Command;
3 ‘‘(ii) the Naval Education and Training
4 Command;
5 ‘‘(iii) the Air Education and Training
6 Command;
7 ‘‘(iv) all pre-commissioning programs of
8 the Department of Defense;
9 ‘‘(v) the military service academies;
10 ‘‘(vi) the Coast Guard Education and
11 Training Quota Management Command;
12 ‘‘(vii) the Coast Guard Academy; and
13 ‘‘(viii) all pre-commissioning programs of
14 the Coast Guard.
15 ‘‘(C) Certification courses required for members
16 or officers to be considered for promotion to any
17 grade above E–5, WO–5 (WO-3, in the case of the
18 Coast Guard), or O–5. Such members and officers
19 shall also receive training regarding—
20 ‘‘(i) how to identify emerging extremist in-
21 sider threat behaviors in a unit; and
22 ‘‘(ii) procedures on when and how to re-
23 spond when a subordinate reports a suspected
24 extremist insider threat.
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1 ‘‘(3) The Secretary of Defense, in consultation
2 with the Secretary of Homeland Security, shall in-
3 clude the information described in paragraph (1) in
4 brochures, posters, print and online publications, or
5 other educational materials of the armed forces.
6 ‘‘(c) RECRUITER TRAINING.—The Secretary of each
7 military department, in coordination with the Director,
8 shall coordinate with the recruiting activities and organi-
9 zation of the armed forces to develop and carry out a
10 training program for recruiters on how to—
11 ‘‘(1) identify indicators of extremism in poten-
12 tial recruits;
13 ‘‘(2) identify members of extremist organiza-
14 tions in potential recruits; and
15 ‘‘(3) screen potential recruits for extremist ties
16 to ensure potential recruits comply with enlistment,
17 accession, or commissioning requirements.
18 ‘‘§ 1803. Data collection and analysis
19 ‘‘(a) IN GENERAL.—The Director shall—
20 ‘‘(1) establish and maintain a database on ex-
21 tremist activities in the armed forces; and
22 ‘‘(2) ensure the data collected across the mili-
23 tary departments is uniform to the maximum extent
24 practicable.
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1 ‘‘(b) RECORDS.—The database established in sub-
2 section (a) shall include records on—
3 ‘‘(1) each incident, complaint, or allegation of
4 extremism by a member or civilian employee of the
5 armed forces, including—
6 ‘‘(A) the extremist behavior related to the
7 incident, complaint, or allegation;
8 ‘‘(B) the rank, race, gender, and ethnicity
9 of the individuals involved in the incident, com-
10 plaint, or allegation;
11 ‘‘(C) each Federal agency involved in in-
12 vestigating the incident, complaint, or allega-
13 tion;
14 ‘‘(D) any investigation of the incident,
15 complain, or allegation;
16 ‘‘(E) any action taken by a commander or
17 supervisor in response to the incident, com-
18 plaint, or allegation;
19 ‘‘(F) any adverse administrative personnel
20 action or punitive action related to the incident,
21 complaint, or allegation, including details of the
22 type of action initiated and the final disposition
23 of such action;
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1 ‘‘(G) descriptions of an ideology, move-
2 ment, or extremist group associated with the in-
3 cident, complaint, or allegation; and
4 ‘‘(H) records submitted or collected re-
5 garding administrative or punitive action re-
6 ferred to in subsection (F).
7 ‘‘(2) each notification from the Federal Bureau
8 of Investigation to the Secretary of Defense, the
9 Secretary of Homeland Security, or a law enforce-
10 ment agency (if in the possession of either such Sec-
11 retary), of investigations related to extremism of
12 current and former members of the armed forces,
13 unless such reporting would jeopardize public safety
14 or compromise an ongoing law enforcement inves-
15 tigation;
16 ‘‘(3) responses related to questions about extre-
17 mism on surveys, questionnaires, command climate
18 surveys, transition checklists, exit surveys, and other
19 information gathering sources;
20 ‘‘(4) each involuntary separation or denial of
21 enlistment or commissioning on the basis of extre-
22 mism;
23 ‘‘(5) each security clearance revoked on the
24 basis of extremism; and
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1 ‘‘(6) any other requirements prescribed by the
2 Secretary of Defense, in consultation with the Sec-
3 retary of Homeland Security.
4 ‘‘(c) COORDINATION.—Each Secretary of a military
5 department shall collect records described in subsection
6 (b) and provide them to the Director.
7 ‘‘§ 1804. Reporting requirements
8 ‘‘(a) ANNUAL REPORT.—Not later than December 1
9 of each year, the Director shall submit to Congress a re-
10 port on the prevalence of extremist activities within the
11 armed forces that includes the number of individuals—
12 ‘‘(1) determined ineligible to serve in the Armed
13 Forces during the preceding fiscal year by reason of
14 engagement in extremist activities;
15 ‘‘(2) separated from the Armed Forces during
16 the preceding fiscal year by reason of engagement in
17 extremist activities;
18 ‘‘(3) determined ineligible to reenlist in the
19 armed forces during the preceding fiscal year by rea-
20 son of engagement in extremist activities;
21 ‘‘(4) whose security clearances were revoked
22 during the preceding fiscal year by reason of engage-
23 ment in extremist activities;
24 ‘‘(5) statistics of incidents, complaints, and alle-
25 gations recorded under section 1803(b)—
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1 ‘‘(A) disaggregated data by armed force,
2 race, gender, ethnicity, grade, and rank; and
3 ‘‘(B) with any personally identifiable infor-
4 mation redacted;
5 ‘‘(6) regulations prescribed to counter extre-
6 mism in the armed forces; and
7 ‘‘(7) any recommendations to Congress for re-
8 lated legislative actions to address extremism within
9 the armed forces.
10 ‘‘(b) PUBLICATION.—The Secretary of Defense
11 shall—
12 ‘‘(1) publish on an appropriate publicly avail-
13 able website of the Department of Defense the re-
14 ports required by subsection (a); and
15 ‘‘(2) ensure that any data included with each
16 such report is made available in a machine-readable
17 format that is downloadable, searchable, and sort-
18 able.
19 ‘‘§ 1805. Definitions
20 ‘‘In this chapter:
21 ‘‘(1) The terms ‘extremist activities’ and ‘ex-
22 tremist organization’ have the meanings prescribed
23 by the Secretary of Defense.
24 ‘‘(2) The term ‘extremist insider threat’ means
25 a member or civilian employee of the armed forces
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1 with access to Government information, systems, or
2 facilities, who—
3 ‘‘(A) can use such access to do harm to the
4 security of the United States; and
5 ‘‘(B) exhibits extremist behaviors.’’.
6 (b) TECHNICAL AMENDMENT.—The table of chapters
7 for part II of subtitle A of such title 10 is amended by
8 inserting, after the item relating to chapter 88, the fol-
9 lowing new item:
‘‘89. Countering Extremism ..................................................................... 1801’’.
10 (c) REGULATIONS.—The Secretary of Defense shall
11 prescribe regulations under chapter 89 of such title (in-
12 cluding definitions under section 1805 of such title), as
13 added by subsection (a), not later than 60 days after the
14 date of the enactment of this Act.
15 (d) PROGRESS REPORT.—Not later than 180 days
16 after the date of the enactment of this Act, the Secretary
17 of Defense shall submit to the Committees on Armed Serv-
18 ices of the Senate and House of Representatives a report
19 on the status of the implementation of chapter 89 of such
20 title, as added by subsection (a).
21 (e) PROHIBITION ON EXTREMIST ACTIVITIES.—
22 (1) PROHIBITION.—Chapter 39 of title 10,
23 United States Code, is amended by inserting after
24 section 985 the following new section:
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1 ‘‘§ 986. Prohibition on extremist activities
2 ‘‘(a) PROHIBITION.—An individual who engages in
3 extremist activities or is a member of an extremist organi-
4 zation may not serve as a member of the armed forces.
5 ‘‘(b) REGULATIONS.—The Secretary of Defense shall
6 prescribe regulations regarding the separation of a mem-
7 ber of the armed forces who engages in extremist activities
8 or is a member of an extremist organization.
9 ‘‘(c) DEFINITIONS.—In this section, the terms ‘ex-
10 tremist activities’ and ‘extremist organization’ have the
11 meanings given such terms in section 1805 of this title.’’.
12 (2) CLERICAL AMENDMENT.—The table of sec-
13 tions at the beginning of such chapter is amended
14 by inserting after the item relating to section 985
15 the following new item:
‘‘986. Prohibition on extremist activities.’’.
16 (f) PROVISION OF INFORMATION REGARDING EX-
17 TREMIST GROUPS IN TRANSITION ASSISTANCE PRO-
18 GRAM.—Section 1142(b) of title 10, United States Code,
19 is amended by adding at the end the following new para-
20 graph (20):
21 ‘‘(20) Information about efforts of extremist
22 groups to recruit former members of the armed
23 forces, including how a member may report such ef-
24 forts to the Secretary concerned.’’.
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1 (g) AUTHORITY TO UTILIZE ONLINE EXTREMIST
2 CONTENT AS CAUSE FOR SEPARATION FROM AN ARMED
3 FORCE.—Chapter 3 of title 10, United States Code, is
4 amended by adding at the end the following new section:
5 ‘‘§ 130l. Authority to utilize online extremist content
6 as cause for separation from an armed
7 force
8 ‘‘The Secretary concerned may use content knowingly
9 shared, disseminated, or otherwise made available online
10 (including on social media platforms and accounts) by an
11 individual who serves in an armed force that expresses
12 support for extremist activities (as that term is defined
13 in section 1804 of this title) as cause for involuntary sepa-
14 ration from an armed force.’’.
15 (h) COORDINATION OF DIRECTOR OF COUNTERING
16 EXTREMISM WITH DEPUTY INSPECTOR GENERAL RE-
17 GARDING SUPREMACIST, EXTREMIST, OR CRIMINAL GANG
18 ACTIVITY IN THE ARMED FORCES.—Section 554(a)(3) of
19 the William M. (Mac) Thornberry National Defense Au-
20 thorization Act for Fiscal Year 2021 (Public Law 116–
21 283) is amended by adding at the end the following new
22 subparagraph:
23 ‘‘(E) The Director of Countering Extre-
24 mism.’’.
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1 (i) EFFECTIVE DATE.—The amendments made by
2 this section shall take effect on the day that the Secretary
3 of Defense prescribes regulations under subsection (c).
4 SEC. 529B. REFORM AND IMPROVEMENT OF MILITARY
5 CRIMINAL INVESTIGATIVE ORGANIZATIONS.
6 (a) EVALUATION AND PLAN FOR REFORM.—Not
7 later than one year after the date of the enactment of this
8 Act, each Secretary concerned shall—
9 (1) complete an evaluation of the effectiveness
10 of the military criminal investigative organizations
11 under the jurisdiction of such Secretary: and
12 (2) submit to the Secretary of Defense and the
13 Committees on Armed Services of the Senate and
14 the House of Representatives a report that in-
15 cludes—
16 (A) the results of the evaluation conducted
17 under paragraph (1); and
18 (B) based on such results, a proposal for
19 reforming such military criminal investigative
20 organizations to ensure that the organizations
21 effectively meet the demand for complex inves-
22 tigations and other emerging mission require-
23 ments.
24 (b) IMPLEMENTATION PLAN.—
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1 (1) IN GENERAL.—Not later than two years
2 after the date of the enactment of this Act, the Sec-
3 retary of Defense shall submit to the appropriate
4 congressional committees a plan to implement the
5 reforms to military criminal investigative organiza-
6 tions proposed by the Secretaries concerned under
7 subsection (a) to ensure each such organization is
8 capable of professionally investigating criminal mis-
9 conduct under its jurisdiction.
10 (2) ELEMENTS.—The plan under paragraph (1)
11 shall include the following:
12 (A) The requirements that military crimi-
13 nal investigative organizations must meet to ef-
14 fectively carry out criminal investigative and
15 other law enforcement missions in 2022 and
16 subsequent years.
17 (B) The resources that will be needed to
18 ensure that each military criminal investigative
19 organization can achieve its mission.
20 (C) An analysis of factors affecting the
21 performance of military criminal investigate or-
22 ganizations, including—
23 (i) whether appropriate technological
24 investigative tools are available and acces-
25 sible to such organizations; and
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1 (ii) whether the functions of such or-
2 ganizations would be better supported by
3 civilian rather than military leadership.
4 (D) For each military criminal investiga-
5 tive organization—
6 (i) the number of military personnel
7 assigned to such organization;
8 (ii) the number of civilian personnel
9 assigned to such organization; and
10 (iii) the functions of such military and
11 civilian personnel.
12 (E) A description of any plans of the Sec-
13 retary to develop a more professional workforce
14 of military and civilian investigators.
15 (F) A proposed timeline for the reform of
16 the military investigative organizations.
17 (G) An explanation of the potential bene-
18 fits of such reforms, including a description
19 of—
20 (i) specific improvements that are ex-
21 pected to result from the reforms; and
22 (ii) whether the reforms will improve
23 information sharing across military crimi-
24 nal investigative organizations.
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1 (H) With respect to the military criminal
2 investigative organizations of the Army, an ex-
3 planation of how the plan will—
4 (i) address the findings of the report
5 of the Fort Hood Independent Review
6 Committee, dated November 6, 2020; and
7 (ii) coordinate with any other internal
8 reform efforts of the Army.
9 (c) LIMITATION ON THE CHANGES TO TRAINING LO-
10 CATIONS.—In carrying out this section, the Secretary of
11 Defense may not change the locations at which military
12 criminal investigative training is provided to members of
13 military criminal investigative organizations until—
14 (1) the implementation plan under subsection
15 (b) is submitted to the appropriate congressional
16 committees; and
17 (2) a period of 60 days has elapsed following
18 the date on which the Secretary notifies the congres-
19 sional defense committees of the Secretary’s intent
20 to move such training to a different location.
21 (d) DEFINITIONS.—In this section:
22 (1) The term ‘‘appropriate congressional com-
23 mittees’’ means—
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1 (A) the Committee on Armed Services and
2 the Committee on Commerce, Science, and
3 Transportation of the Senate; and
4 (B) the Committee on Armed Services and
5 the Committee on Transportation and Infra-
6 structure of the House of Representatives.
7 (2) The term ‘‘military criminal investigative
8 organization’’ means each organization or element of
9 the Department of Defense or the Armed Forces
10 that is responsible for conducting criminal investiga-
11 tions, including—
12 (A) the Army Criminal Investigation Com-
13 mand;
14 (B) the Naval Criminal Investigative Serv-
15 ice;
16 (C) the Air Force Office of Special Inves-
17 tigations;
18 (D) the Coast Guard Investigative Service;
19 and
20 (E) the Defense Criminal Investigative
21 Service.
22 (3) The term ‘‘Secretary concerned’’ has the
23 meaning given that term in section 101(a)(9) of title
24 10, United States Code.
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1 SEC. 529C. MEASURES TO IMPROVE THE SAFETY AND SECU-
2 RITY OF MEMBERS OF THE ARMED FORCES.
3 (a) COMPREHENSIVE REVIEW OF MISSING PERSONS
4 REPORTING.—The Secretary of Defense shall instruct the
5 Secretary of each military department to undertake a com-
6 prehensive review of the policies and procedures of such
7 military department for reporting members of the Armed
8 Forces absent without leave, on unauthorized absence, or
9 missing.
10 (b) REVIEW OF INSTALLATION-LEVEL PROCE-
11 DURES.—The commander of each military installation
12 shall—
13 (1) direct each military installation under its
14 command to review its policies and procedures for
15 carrying out the reporting activities described under
16 subsection (a); and
17 (2) update such installation-level policies and
18 procedures with a view towards force protection, en-
19 hanced security for members of the Armed Forces
20 living on base, and prioritizing reporting at the ear-
21 liest reasonable time to local law enforcement at all
22 levels, and Federal law enforcement field offices with
23 overlapping jurisdiction with that installation, when
24 a member is determined to be missing.
25 (c) INSTALLATION-SPECIFIC REPORTING PROTO-
26 COLS.—
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1 (1) IN GENERAL.—The commander of each
2 military installation shall establish a protocol for
3 sharing information with local and Federal law en-
4 forcement agencies about members of the Armed
5 Forces that are absent without leave, on unauthor-
6 ized absence, or missing. The protocol shall provide,
7 by memorandum of understanding or otherwise, for
8 the commander to notify all local and Federal law
9 enforcement agencies with jurisdiction over the im-
10 mediate area of the military installation—
11 (A) immediately when the status of a
12 member assigned to such installation has been
13 changed to absent without leave, on unauthor-
14 ized absence, or missing (including whether the
15 commander determines that such member has a
16 violent intent, based on criteria including
17 whether a firearm is missing from such military
18 installation); and
19 (B) of the status of a member described in
20 subparagraph (A), not less than once per week
21 after notification under such subparagraph,
22 until the commander changes the status of such
23 member.
24 (2) REPORTING TO MILITARY INSTALLATION
25 COMMAND.—The commander of each military instal-
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1 lation shall submit the protocol established pursuant
2 to paragraph (1) to the relevant military installation
3 command.
4 (d) REPORT OF CHIEF OF NATIONAL GUARD BU-
5 REAU.—Not later than March 1, 2022, the Chief of the
6 National Guard Bureau shall submit to the Committees
7 on Armed Services and on the Judiciary of the Senate and
8 House of Representatives, a report on the feasibility of
9 implementing subsections (a), (b), and (c), with regards
10 to facilities of the National Guard. Such report shall in-
11 clude a proposed timeline for such implementation and
12 recommendations of the Chief.
13 SEC. 529D. DISTRIBUTION OF INFORMATION ON THE AVAIL-
14 ABILITY OF CIVILIAN VICTIM SERVICES.
15 (a) INFORMATION DISTRIBUTION.—Not later than
16 180 days after the date of the enactment of this Act, the
17 Secretary of Defense shall—
18 (1) require each military legal service provider
19 to provide, to each victim referred to such provider,
20 a list of approved civilian victim service organiza-
21 tions from which the victim may seek legal assist-
22 ance, legal representation, or other legal services;
23 and
24 (2) direct the Sexual Assault Prevention and
25 Response Office of the Department of Defense to
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1 carry out activities to ensure the widespread dis-
2 tribution, throughout the Department, of informa-
3 tion on the availability of services from civilian vic-
4 tim service organizations.
5 (b) APPROVAL OF ORGANIZATIONS.—The Secretary
6 of Defense, acting through the Sexual Assault Prevention
7 and Response Office of the Department of Defense, shall
8 establish criteria for the approval of civilian victim service
9 organizations for inclusion on the list described in sub-
10 section (a)(1).
11 (c) DEFINITIONS.—In this section:
12 (1) The term ‘‘civilian victim service organiza-
13 tion’’ means an organization outside the Department
14 of Defense that is approved by the Secretary of De-
15 fense for the purpose of providing legal assistance,
16 legal representation, or other legal services directly
17 to a victim.
18 (2) The term ‘‘military legal service provider’’
19 means an individual or organization within the De-
20 partment of Defense authorized to provide legal as-
21 sistance, legal representation, or other legal services
22 directly to a victim.
23 (3) The term ‘‘victim’’ means the victim of an
24 offense under chapter 47 of title 10, United States
25 Code (the Uniform Code of Military Justice).
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1 SEC. 529E. REPORT ON MANDATORY RESTITUTION.
2 Not later than April 30, 2022, the Secretary of De-
3 fense shall submit to the Committees on Armed Services
4 of the Senate and the House of Representatives a report
5 on the Department’s progress in evaluating the feasibility
6 and advisability of authorizing mandatory restitution as
7 a component of the sentence for a conviction of an offense
8 under chapter 47 of title 10, United States Code (the Uni-
9 form Code of Military Justice).
10 SEC. 529F. EXCLUSION OF EVIDENCE OBTAINED WITHOUT
11 PRIOR AUTHORIZATION.
12 Section 271 of title 10, United States Code, is
13 amended by adding at the end the following new sub-
14 section:
15 ‘‘(d) Notwithstanding any other provision of law, any
16 information obtained by or with the assistance of a mem-
17 ber of the Armed Forces in violation of section 1385 of
18 title 18, shall not be received in evidence in any trial, hear-
19 ing, or other proceeding in or before any court, grand jury,
20 department, officer, agency, regulatory body, legislative
21 committee, or other authority of the United States, a
22 State, or a political subdivision thereof.’’.
23 SEC. 529G. REPORT ON DEMOGRAPHICS OF MILITARY PO-
24 LICE AND SECURITY FORCES CITATIONS.
25 (a) IN GENERAL.—Not later than March 1 of each
26 year, the Secretary of Defense, in coordination with each
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1 Secretary of a military department, shall submit to the
2 congressional defense committees a report on the demo-
3 graphics of citations issued by the military police and
4 other security forces of each Armed Force.
5 (b) ELEMENTS.—The report required by subsection
6 (a) shall include each of the following elements:
7 (1) The number of security citations issued in
8 each Armed Force in the preceding fiscal year,
9 disaggregated by—
10 (A) the offense for which the citation was
11 issued;
12 (B) the race, gender, and ethnicity of the
13 individual who was issued the citation; and
14 (C) the race, gender, and ethnicity of the
15 individual who issued the citation.
16 (2) An assessment of any disparities in race,
17 gender, and ethnicity in citations issued to individ-
18 uals in the preceding fiscal year.
19 (3) An assessment of any disparities in race,
20 gender, and ethnicity in citations issued by individ-
21 uals in the preceding fiscal year, including consider-
22 ation of the race, gender, and ethnicity of the indi-
23 vidual to whom the citation was issued.
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1 (4) An assessment of any trends in disparities
2 in race, gender, and ethnicity in citations over the
3 preceding ten fiscal years.
4 (5) Actions taken in the preceding fiscal by the
5 Secretary of Defense and each Secretary of a mili-
6 tary department to address any disparities in race,
7 gender, or ethnicity in citations issued to individuals.
8 (6) A plan to reduce any disparities in race,
9 gender, or ethnicity in citations issued to individuals
10 during the fiscal year in which the report is sub-
11 mitted.
12 (c) PUBLICATION.—The Secretary of Defense shall—
13 (1) publish on an appropriate publicly available
14 website of the Department of Defense the reports re-
15 quired by subsection (a); and
16 (2) ensure that any data included with each
17 such report is made available in a machine-readable
18 format that is downloadable, searchable, and sort-
19 able.
20 (d) TERMINATION.—The requirement under this sec-
21 tion shall terminate on December 31, 2026.
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1 Subtitle D—Implementation of Rec-
2 ommendations of the Inde-
3 pendent Review Commission on
4 Sexual Assault in the Military
5 SEC. 531. SHORT TITLE.
6 This subtitle may be cited as the ‘‘IRC implementa-
7 tion Act of 2021’’.
8 PART 1—SPECIAL VICTIM PROSECUTORS AND
9 SPECIAL VICTIM OFFENSES
10 SEC. 532. SPECIAL VICTIM PROSECUTORS.
11 (a) IN GENERAL.—Subchapter V of chapter 47 of
12 title 10, United States Code, is amended by inserting after
13 section 824 (article 24 of the Uniform Code of Military
14 Justice) the following new section:
15 ‘‘§ 824a. Art. 24a. Special victim prosecutors
16 ‘‘(a) DETAIL OF SPECIAL VICTIM PROSECUTORS AND
17 ASSISTANT SPECIAL VICTIM PROSECUTORS.—Each Sec-
18 retary concerned shall detail—
19 ‘‘(1) one commissioned officer from each armed
20 force under the jurisdiction of such Secretary to
21 serve as the special victim prosecutor of that armed
22 force; and
23 ‘‘(2) such number of assistant special victim
24 prosecutors as the Secretary considers appropriate
25 to assist such special victim prosecutor.
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1 ‘‘(b) QUALIFICATIONS.—
2 ‘‘(1) QUALIFICATIONS OF SPECIAL VICTIM
3 PROSECUTORS.—A special victim prosecutor shall be
4 a commissioned officer of the armed forces who—
5 ‘‘(A) is in the grade of O–6 or higher;
6 ‘‘(B) is a judge advocate;
7 ‘‘(C) is a member of the bar of a Federal
8 court or a member of the bar of the highest
9 court of a State; and
10 ‘‘(D) is certified to be qualified, by reason
11 of education, training, experience, and tempera-
12 ment, for duty as a special victim prosecutor.
13 ‘‘(2) QUALIFICATIONS OF ASSISTANT SPECIAL
14 VICTIM PROSECUTORS.—An assistant special victim
15 prosecutor shall be a commissioned officer of the
16 armed forces who—
17 ‘‘(A) has at least five years of criminal jus-
18 tice experience;
19 ‘‘(B) is a judge advocate;
20 ‘‘(C) is a member of the bar of a Federal
21 court or a member of the bar of the highest
22 court of a State; and
23 ‘‘(D) is certified to be qualified, by reason
24 of education, training, experience, and tempera-
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1 ment, for duty as an assistant special victim
2 prosecutor.
3 ‘‘(c) DUTIES AND AUTHORITIES.—
4 ‘‘(1) IN GENERAL.—Special victim prosecutors
5 and assistant special victim prosecutors shall carry
6 out the duties described in this chapter and any
7 other duties prescribed by the Secretary of Defense,
8 in consultation with the Secretary of Homeland Se-
9 curity, by regulation.
10 ‘‘(2) CLARIFICATION OF AUTHORITY OF ASSIST-
11 ANT SPECIAL VICTIM PROSECUTORS.—Except as oth-
12 erwise expressly provided in this chapter, an assist-
13 ant special victim prosecutor shall have the same au-
14 thorities granted to a special victim prosecutor
15 under this chapter.
16 ‘‘(3) DETERMINATION OF SPECIAL VICTIM OF-
17 FENSE; RELATED CHARGES.—
18 ‘‘(A) AUTHORITY.—A special victim pros-
19 ecutor shall have exclusive authority to deter-
20 mine if an offense is a special victim offense
21 and shall, upon completion of a relevant inves-
22 tigation, exercise authority over any such of-
23 fense in accordance with this chapter.
24 ‘‘(B) RELATED OFFENSES.—If a special
25 victim prosecutor determines that an offense is
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1 a special victim offense, the special victim pros-
2 ecutor may also exercise authority over any re-
3 ported offense that the special victim prosecutor
4 determines to be related to the special victim
5 offense and any other reported offense by the
6 person alleged to have committed a special vic-
7 tim offense.
8 ‘‘(4) DISMISSAL; PREFERRAL; REFERRAL; PLEA
9 BARGAINS.—Subject to paragraph (5), with respect
10 to charges and specifications alleging any offense
11 over which a special victim prosecutor exercises au-
12 thority, a special victim prosecutor shall have exclu-
13 sive authority to, in accordance with this chapter—
14 ‘‘(A) make a determination that is binding
15 on the convening authority to prefer or refer
16 the charges and specifications for trial by a spe-
17 cial or general court-martial;
18 ‘‘(B) on behalf of the Government, dismiss
19 the charges and specifications or make a motion
20 to dismiss the charges and specifications;
21 ‘‘(C) enter into a plea agreement; and
22 ‘‘(D) determine if an ordered rehearing is
23 impracticable.
24 ‘‘(5) DEFERRAL TO CONVENING AUTHORITY.—
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1 ‘‘(A) IN GENERAL.—Except as provided in
2 subparagraph (B), if a special victim prosecutor
3 exercises authority over an offense and elects
4 not to prefer charges and specifications for such
5 offense or, with respect to charges and speci-
6 fications for such offense preferred by a person
7 other than a special victim prosecutor, elects
8 not to refer such charges and specifications, a
9 convening authority may exercise any of the au-
10 thorities of the convening authority under this
11 chapter with respect to such offense.
12 ‘‘(B) EXCEPTION.—In exercising authority
13 under with respect to an offense described in
14 subparagraph (A), a convening authority may
15 not refer charges and specifications for a spe-
16 cial victim offense for trial by special or general
17 court-martial.
18 ‘‘(d) RELEVANT INVESTIGATION DEFINED.—In this
19 section, the term ‘relevant investigation’ means an inves-
20 tigation into an alleged offense under this chapter that
21 is conducted by the Federal Government or a State, local,
22 or Tribal law enforcement organization.’’.
23 (b) CLERICAL AMENDMENT.—The table of sections
24 at the beginning of subchapter V of chapter 47 of title
25 10, United States Code (the Uniform Code of Military
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1 Justice), is amended by inserting after the item relating
2 to section 824 (article 24) the following new item:
‘‘824a. Art. 24a. Special victim prosecutors.’’.
3 SEC. 533. DEPARTMENT OF DEFENSE POLICIES WITH RE-
4 SPECT TO SPECIAL VICTIM PROSECUTORS
5 AND ESTABLISHMENT OF OFFICES OF SPE-
6 CIAL VICTIM PROSECUTORS WITHIN MILI-
7 TARY DEPARTMENTS.
8 (a) IN GENERAL.—Chapter 53 of title 10, United
9 States Code, is amended by inserting after section 1044e
10 the following new section:
11 ‘‘§ 1044f. Special victim prosecutors: Department of
12 Defense policies; establishment of Offices
13 of Special Victim Prosecutors
14 ‘‘(a) POLICIES REQUIRED.—The Secretary of De-
15 fense shall establish policies with respect to the appro-
16 priate mechanisms and procedures that the Secretaries of
17 the military departments shall establish and carry out re-
18 lating to the activities of special victim prosecutors, includ-
19 ing expected milestones for the Secretaries to fully imple-
20 ment such mechanisms and procedures.
21 ‘‘(b) MILITARY DEPARTMENT OFFICES OF SPECIAL
22 VICTIM PROSECUTORS.—
23 ‘‘(1) ESTABLISHMENT.—Each Secretary of a
24 military department shall establish within the office
25 of such Secretary an Office of Special Victim Pros-
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1 ecutors. The head of each such Office of Special Vic-
2 tim Prosecutors shall be a general or flag officer of
3 the Judge Advocate General’s Corps an armed force
4 under the jurisdiction of such Secretary and shall re-
5 port directly to the Secretary concerned without in-
6 tervening authority.
7 ‘‘(2) ASSIGNMENT OF SPECIAL VICTIM PROS-
8 ECUTORS.—Notwithstanding section 806 of this title
9 (article 6) each special victim prosecutor and assist-
10 ant special victim prosecutor detailed by a Judge
11 Advocate General of a military department shall be
12 assigned to an Office of Special Victim Prosecutors
13 established by such Secretary.’’.
14 (b) CLERICAL AMENDMENT.—The table of sections
15 at the beginning of chapter 53 of title 10, United States
16 Code, is amended by inserting after the item relating to
17 section 1044e the following new item:
‘‘1044f. Special victim prosecutors: Department of Defense policies; establish-
ment of Offices of Special Victim Prosecutors.’’.
18 SEC. 534. DEFINITIONS OF MILITARY MAGISTRATE, SPE-
19 CIAL VICTIM OFFENSE, AND SPECIAL VICTIM
20 PROSECUTOR.
21 Section 801 of title 10, United States Code (article
22 1 of the Uniform Code of Military Justice), is amended—
23 (1) by inserting after paragraph (10) the fol-
24 lowing new paragraph:
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1 ‘‘(11) The term ‘military magistrate’ means a
2 commissioned officer certified for duty as a military
3 magistrate in accordance with section 826a of this
4 title (article 26a).’’.
5 (2) by adding at the end the following new
6 paragraphs:
7 ‘‘(17) The term ‘special victim offense’ means—
8 ‘‘(A) an offense under section 917a (article
9 117a), section 919a (article 119a), section 919b
10 (article 119b), section 920 (article 120), section
11 925 (article 125), section 920b (article 120b),
12 section 920c (article 120c), section 920d (arti-
13 cle 120d), section 928b (article 128b), section
14 930 (article 130), section 932 (article 132), or
15 section 934 (article 134) (as it relates to child
16 pornography, pandering, and prostitution) of
17 this title;
18 ‘‘(B) any offense under this chapter in a
19 case in which the victim of the offense was a
20 child who had not attained the age of 18 years
21 as of the date of the offense;
22 ‘‘(C) a conspiracy to commit an offense
23 specified in subparagraph (A) or (B) as punish-
24 able under section 881 of this title (article 81);
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1 ‘‘(D) a solicitation to commit an offense
2 specified in subparagraph (A) or (B) as punish-
3 able under section 882 of this title (article 82);
4 ‘‘(E) an attempt to commit an offense
5 specified in subparagraph (A), (B), (C), or (D)
6 as punishable under section 880 of this title
7 (article 80); or
8 ‘‘(18) The term ‘special victim prosecutor’
9 means a judge advocate detailed as the special vic-
10 tim prosecutor of an armed force in accordance with
11 section 824a(a)(1) of this title (article 24a(a)(1)).
12 ‘‘(19) The term ‘assistant special victim pros-
13 ecutor’ means a judge advocate detailed as an assist-
14 ant special victim prosecutor in accordance with sec-
15 tion 824a(a)(2) of this title (article 24a(a)(2)).’’.
16 SEC. 535. CLARIFICATION RELATING TO WHO MAY CON-
17 VENE COURTS-MARTIAL.
18 (a) GENERAL COURTS-MARTIAL.—Section 822(b) of
19 title 10, United States Code (article 22(b) of the Uniform
20 Code of Military Justice), is amended—
21 (1) by striking ‘‘If any’’ and inserting ‘‘(1) If
22 any’’; and
23 (2) by adding at the end the following new
24 paragraph:
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1 ‘‘(2) A commanding officer shall not be considered
2 an accuser solely due to the role of the commanding officer
3 in convening a general court-martial to which charges and
4 specifications were referred by a special victim prosecutor
5 in accordance with this chapter.’’.
6 (b) SPECIAL COURTS-MARTIAL.—Section 823(b) of
7 title 10, United States Code (article 23(b) of the Uniform
8 Code of Military Justice), is amended—
9 (1) by striking ‘‘If any’’ and inserting ‘‘(1) If
10 any’’; and
11 (2) by adding at the end the following new
12 paragraph:
13 ‘‘(2) A commanding officer shall not be considered
14 an accuser solely due to the role of the commanding officer
15 in convening a special court-martial to which charges and
16 specifications were referred by a special victim prosecutor
17 in accordance with this chapter.’’.
18 SEC. 536. DETAIL OF TRIAL COUNSEL.
19 Section 827 of title 10, United States Code (article
20 27 of the Uniform Code of Military Justice), is amended
21 by adding at the end the following new subsection:
22 ‘‘(e) For each general and special court-martial for
23 which charges and specifications were referred by a special
24 victim prosecutor—
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1 ‘‘(1) a special victim prosecutor or an assistant
2 special victim prosecutor shall be detailed as trial
3 counsel;
4 ‘‘(2) a special victim prosecutor may detail a
5 special victim prosecutor or an assistant special vic-
6 tim prosecutor as an assistant trial counsel; and
7 ‘‘(3) a special victim prosecutor may request
8 that a counsel other than a special victim prosecutor
9 or assistant special victim prosecutor be detailed as
10 an assistant trial counsel.’’.
11 SEC. 537. PRELIMINARY HEARING.
12 (a) DETAIL OF HEARING OFFICER; WAIVER.—Sub-
13 section (a)(1) of section 832 of title 10, United States
14 Code (article 32 of the Uniform Code of Military Justice),
15 is amended—
16 (1) in subparagraph (A), by striking ‘‘hearing
17 officer’’ and all that follows and inserting ‘‘hearing
18 officer detailed in accordance with subparagraph
19 (C).’’;
20 (2) in subparagraph (B), by striking ‘‘written
21 waiver’’ and all that follows and inserting the fol-
22 lowing: ‘‘written waiver to—
23 ‘‘(i) except as provided in clause (ii),
24 the convening authority and the convening
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1 authority determines that a hearing is not
2 required; and
3 ‘‘(ii) with respect to charges and spec-
4 ifications over which the special victim
5 prosecutor is exercising authority in ac-
6 cordance with section 824a of this title (ar-
7 ticle 24a), the special victim prosecutor
8 and the special victim prosecutor deter-
9 mines that a hearing is not required; and’’;
10 and
11 (3) by adding at the end the following new sub-
12 paragraph:
13 ‘‘(C)(i) Except as provided in clause (ii), the
14 convening authority shall detail a hearing officer.
15 ‘‘(ii) If a special victim prosecutor is exercising
16 authority over the charges and specifications subject
17 to a preliminary hearing under this section (article),
18 the special victim prosecutor shall request a military
19 judge or military magistrate to serve as the hearing
20 officer, and a military judge or military magistrate
21 shall be provided, in accordance with regulations
22 prescribed by the President.’’.
23 (b) REPORT OF PRELIMINARY HEARING OFFICER.—
24 Subsection (c) of such section is amended—
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1 (1) in the heading, by inserting ‘‘OR SPECIAL
2 VICTIM PROSECUTOR’’ after ‘‘CONVENING AUTHOR-
3 ITY’’; and
4 (2) in the matter preceding paragraph (1) by
5 striking ‘‘to the convening authority’’ and inserting
6 ‘‘to the convening authority or, in the case of a pre-
7 liminary hearing in which the hearing officer is pro-
8 vided at the request of a special victim prosecutor,
9 to the special victim prosecutor,’’.
10 SEC. 538. ADVICE TO CONVENING AUTHORITY BEFORE RE-
11 FERRAL FOR TRIAL.
12 Section 834 of title 10, United States Code (article
13 34 of the Uniform Code of Military Justice), is amended—
14 (1) in subsection (a)(1) in the matter preceding
15 subparagraph (A) in the first sentence, by striking
16 ‘‘Before referral’’ and inserting ‘‘Subject to sub-
17 section (c), before referral’’;
18 (2) in subsection (b), by striking ‘‘Before refer-
19 ral’’ and inserting ‘‘Subject to subsection (c), before
20 referral’’;
21 (3) by redesignating subsections (c) and (d) as
22 subsections (d) and (e), respectively;
23 (4) by inserting after subsection (b) the fol-
24 lowing new subsection:
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1 ‘‘(c) SPECIAL VICTIM OFFENSES.—A referral to a
2 general or special court-martial for trial of charges and
3 specifications over which a special victim prosecutor exer-
4 cises authority may only be made—
5 ‘‘(1) by a special victim prosecutor; or
6 ‘‘(2) by the convening authority in the case of—
7 ‘‘(A) charges and specifications that do not
8 allege a special victim offense and for which a
9 special victim prosecutor declines to prefer
10 charges; or
11 ‘‘(B) charges and specifications preferred
12 by a person other than a special victim pros-
13 ecutor, for which a special victim prosecutor de-
14 clines to refer charges.’’; and
15 (5) in subsection (e), as redesignated by para-
16 graph (3) of this section, by inserting ‘‘or, with re-
17 spect to charges and specifications over which a spe-
18 cial victim prosecutor exercises authority in accord-
19 ance with section 824a of this title (article 24a), a
20 special victim prosecutor,’’ after ‘‘convening author-
21 ity’’.
22 SEC. 539. FORMER JEOPARDY.
23 Section 844(c) of title 10, United States Code (article
24 44(c) of the Uniform Code of Military Justice), is amend-
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1 ed by inserting ‘‘or the special victim prosecutor’’ after
2 ‘‘the convening authority’’ each place it appears.
3 SEC. 539A. PLEA AGREEMENTS.
4 (a) AUTHORITY TO ENTER INTO AGREEMENTS.—
5 Subsection (a) of section 853a of title 10, United States
6 Code (article 53a of the Uniform Code of Military Jus-
7 tice), is amended—
8 (1) in paragraph (1), by striking ‘‘At any time’’
9 and inserting ‘‘Subject to paragraph (3), at any
10 time’’; and
11 (2) by adding at the end the following new
12 paragraph:
13 ‘‘(3) With respect to charges and specifications re-
14 ferred to court-martial by a special victim prosecutor, a
15 plea agreement under this section may only be entered
16 into between a special victim prosecutor and the accused.
17 Such agreement shall be subject to the same limitations
18 and conditions applicable to other plea agreements under
19 this section (article).’’.
20 (b) BINDING EFFECT.—Subsection (d) of such sec-
21 tion (article) is amended by inserting after ‘‘parties’’ the
22 following: ‘‘(including the convening authority and the spe-
23 cial victim prosecutor in the case of a plea agreement en-
24 tered into under subsection (a)(3))’’.
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1 SEC. 539B. DETERMINATIONS OF IMPRACTICALITY OF RE-
2 HEARING.
3 (a) TRANSMITTAL AND REVIEW OF RECORDS.—Sec-
4 tion 865(e)(3)(B) of title 10, United States Code (article
5 65(e)(3)(B) of the Uniform Code of Military Justice), is
6 amended—
7 (1) by striking ‘‘IMPRACTICAL.—If the Judge
8 Advocate General’’ and inserting the following: ‘‘IM-
9 PRACTICAL.—
10 ‘‘(i) IN GENERAL.—Subject to clause
11 (ii), if the Judge Advocate General’’; and
12 (2) by adding at the end the following new
13 clause:
14 ‘‘(ii) CASES REFERRED BY SPECIAL
15 VICTIM PROSECUTOR.—If a case was re-
16 ferred to trial by a special victim pros-
17 ecutor, a special victim prosecutor shall de-
18 termine if a rehearing is impractical and
19 shall dismiss the charges if the special vic-
20 tim prosecutor so determines.’’.
21 (b) COURTS OF CRIMINAL APPEALS.—Section
22 866(f)(1)(C) of title 10, United States Code (article
23 66(f)(1)(C) of the Uniform Code of Military Justice), is
24 amended—
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1 (1) by striking ‘‘IMPRACTICABLE.—If the Court
2 of Criminal Appeals’’ and inserting the following:
3 ‘‘IMPRACTICABLE.—
4 ‘‘(i) IN GENERAL.—Subject to clause
5 (ii), if the Court of Criminal Appeals’’; and
6 (2) by adding at the end the following new
7 clause:
8 ‘‘(ii) CASES REFERRED BY SPECIAL
9 VICTIM PROSECUTOR.—If a case was re-
10 ferred to trial by a special victim pros-
11 ecutor, a special victim prosecutor shall de-
12 termine if a rehearing is impracticable and
13 shall dismiss the charges if the special vic-
14 tim prosecutor so determines.’’.
15 (c) REVIEW BY THE COURT OF APPEALS FOR THE
16 ARMED FORCES.—Section 867(e) of title 10, United
17 States Code (article 67(e) of the Uniform Code of Military
18 Justice), is amended by adding at the end the following
19 new sentence: ‘‘Notwithstanding the preceding sentence,
20 if a case was referred to trial by a special victim pros-
21 ecutor, a special victim prosecutor shall determine if a re-
22 hearing is impracticable and shall dismiss the charges if
23 the special victim prosecutor so determines.’’.
24 (d) REVIEW BY JUDGE ADVOCATE GENERAL.—Sec-
25 tion 869(c)(1)(D) of title 10, United States Code (article
•HR 4350 EH
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1 69(c)(1)(D) of the Uniform Code of Military Justice), is
2 amended—
3 (1) by striking ‘‘If the Judge Advocate Gen-
4 eral’’ and inserting ‘‘(i) Subject to clause (ii), if the
5 Judge Advocate General’’; and
6 (2) by adding at the end the following new
7 clause:
8 ‘‘(ii) If a case was referred to trial by
9 a special victim prosecutor, a special victim
10 prosecutor shall determine if a rehearing is
11 impractical and shall dismiss the charges if
12 the special victim prosecutor so deter-
13 mines.’’.
14 SEC. 539C. PUNITIVE ARTICLE ON SEXUAL HARASSMENT.
15 (a) IN GENERAL.—Subchapter X of chapter 47 of
16 title 10, United States Code (the Uniform Code of Military
17 Justice), is amended by inserting after section 920c (arti-
18 cle 120c) the following new section (article):
19 ‘‘§ 920d. Art. 120d. sexual harassment
20 ‘‘(a) IN GENERAL.—Any person subject to this chap-
21 ter who commits sexual harassment against another per-
22 son shall be punished as a court-martial may direct.
23 ‘‘(b) ELEMENTS.—A person subject to this chapter
24 commits sexual harassment when—
25 ‘‘(1) such person knowingly—
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1 ‘‘(A) makes a sexual advance;
2 ‘‘(B) demands or requests a sexual favor;
3 or
4 ‘‘(C) engages in other conduct of a sexual
5 nature;
6 ‘‘(2) the conduct described in paragraph (1)
7 that such person committed is unwelcome;
8 ‘‘(3) under the circumstances, on the basis of
9 the record as a whole, such conduct would cause a
10 reasonable person to—
11 ‘‘(A) believe that submission to, or rejec-
12 tion of, such conduct would be made, either ex-
13 plicitly or implicitly, a term or condition of a
14 person’s military duties, job, pay, career, bene-
15 fits, or entitlements;
16 ‘‘(B) believe that submission to, or rejec-
17 tion of, such conduct would be used as a basis
18 for military career or employment decisions af-
19 fecting that person; or
20 ‘‘(C) perceive an intimidating, hostile, or
21 offensive duty or working environment due to
22 the severity, repetitiveness, or pervasiveness of
23 such conduct; and
24 ‘‘(4) a person, who by some duty or military-re-
25 lated reason works or is associated with the accused,
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1 did reasonably believe or perceive as described in
2 subparagraph (A), (B), or (C) of paragraph (3).
3 ‘‘(c) OTHER CONDUCT.—For purposes of subsection
4 (b)(1)(C), whether other conduct would cause a reasonable
5 person to believe it is of a sexual nature shall be dependent
6 upon the circumstances of the act alleged and may include
7 conduct that, without context, would not appear to be sex-
8 ual in nature.
9 ‘‘(d) LOCATION AND MEANS OF ACT.—An act consti-
10 tuting sexual harassment under this section—
11 ‘‘(1) may occur at any location and without re-
12 gard to whether the victim or accused is on or off
13 duty at the time of the alleged act;
14 ‘‘(2) does not require physical proximity be-
15 tween the victim and the accused; and
16 ‘‘(3) may be transmitted through any means,
17 including written, oral, online, or other electronic
18 means.’’.
19 (b) CLERICAL AMENDMENT.—The table of sections
20 at the beginning of such subchapter is amended by insert-
21 ing after the item relating to section 920c (article 120c)
22 the following new item:
‘‘920d. Art. 120d. Sexual harassment.’’.
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1 SEC. 539D. CLARIFICATION OF APPLICABILITY OF DOMES-
2 TIC VIOLENCE AND STALKING TO DATING
3 PARTNERS.
4 (a) ARTICLE 128B; DOMESTIC VIOLENCE.—Section
5 928b of title 10, United States Code (article 128b of the
6 Uniform Code of Military Justice), is amended—
7 (1) in the matter preceding paragraph (1), by
8 striking ‘‘Any person’’ and inserting the following:
9 ‘‘(a) IN GENERAL.—Any person’’.
10 (2) by inserting ‘‘a dating partner,’’ after ‘‘an
11 intimate partner,’’ each place it appears; and
12 (3) by adding at the end the following new sub-
13 section:
14 ‘‘(b) DEFINITIONS.—In this section, the terms dating
15 partner,‘immediate family’, and ‘intimate partner’ have
16 the meaning given such terms in section 930 of this title
17 (article 130).’’.
18 (b) ARTICLE 130; STALKING.—Section 930 of such
19 title (article 130 of the Uniform Code of Military Justice)
20 is amended—
21 (1) in subsection (a), by striking ‘‘or to his or
22 her intimate partner’’ each place it appears and in-
23 serting ‘‘to his or her intimate partner, or to his or
24 her dating partner’’;
25 (2) in subsection (b)—
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1 (A) by redesignating paragraphs (3)
2 through (5) as paragraphs (4) through (6), re-
3 spectively; and
4 (B) by inserting after paragraph (2) the
5 following new paragraph:
6 ‘‘(3) The term ‘dating partner’, in the case of
7 a specific person, means a person who is or has been
8 in a social relationship of a romantic or intimate na-
9 ture with such specific person, and a reasonable per-
10 son would believe such a relationship exists or ex-
11 isted, based on—
12 ‘‘(A) the length of the relationship;
13 ‘‘(B) the type of relationship; and
14 ‘‘(C) the frequency of interaction between
15 the persons involved in the relationship.’’.
16 SEC. 539E. EFFECTIVE DATE.
17 (a) IN GENERAL.—Except as provided in subsection
18 (b), the amendments made by this part shall take effect
19 on the date that is two years after the date of the enact-
20 ment of this Act and shall apply with respect to offenses
21 that occur after that date.
22 (b) REGULATIONS.—
23 (1) REQUIREMENT.—The President shall pre-
24 scribe regulations to carry out this part not later
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1 than two years after the date of the enactment of
2 this Act.
3 (2) IMPACT OF DELAY OF ISSUANCE.—If the
4 President does not prescribe regulations to carry out
5 this part before the date that is two years after the
6 date of the enactment of this Act, the amendments
7 made by this part shall take effect on the date on
8 which such regulations are prescribed and shall
9 apply with respect to offenses that occur on or after
10 that date.
11 PART 2—SENTENCING REFORM
12 SEC. 539F. SENTENCING REFORM.
13 (a) ARTICLE 53; FINDINGS AND SENTENCING.—Sec-
14 tion 853 of title 10, United States Code (article 53 of the
15 Uniform Code of Military Justice), is amended—
16 (1) in subsection (b), by amending paragraph
17 (1) to read as follows:
18 ‘‘(1) GENERAL AND SPECIAL COURTS-MAR-
19 TIAL.—Except as provided in subsection (c) for cap-
20 ital offenses, if the accused is convicted of an offense
21 in a trial by general or special court-martial, the
22 military judge shall sentence the accused. The sen-
23 tence determined by the military judge constitutes
24 the sentence of the court-martial.’’;
25 (2) in subsection (c)—
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1 (A) by amending paragraph (1) to read as
2 follows:
3 ‘‘(1) IN GENERAL.—In a capital case, if the ac-
4 cused is convicted of an offense for which the court-
5 martial may sentence the accused to death—
6 ‘‘(A) the members shall determine—
7 ‘‘(i) whether the sentence for that of-
8 fense shall be death or life in prison with-
9 out eligibility for parole; or
10 ‘‘(ii) whether the matter shall be re-
11 turned to the military judge for determina-
12 tion of a lesser punishment; and
13 ‘‘(B) the military judge shall sentence the
14 accused for that offense in accordance with the
15 determination of the members under subpara-
16 graph (A).’’; and
17 (B) in paragraph (2), by striking ‘‘the
18 court-martial’’ and inserting ‘‘the military
19 judge’’.
20 (b) ARTICLE 53A; PLEA AGREEMENTS.—Section
21 853a of title 10, United States Code (article 53a of the
22 Uniform Code of Military Justice), as amended by section
23 539A of this subtitle, is further amended—
24 (1) by redesignating subsections (b), (c), and
25 (d), as subsections (c), (d), and (e), respectively; and
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1 (2) by inserting after subsection (a) the fol-
2 lowing new subsection:
3 ‘‘(b) ACCEPTANCE OF PLEA AGREEMENT.—Subject
4 to subsections (c) and (d), the military judge of a general
5 or special court-martial shall accept a plea agreement sub-
6 mitted by the parties, except that—
7 ‘‘(1) in the case of an offense with a sentencing
8 parameter under section 856 of this chapter (article
9 56), the military judge may reject a plea agreement
10 that proposes a sentence that is outside the sen-
11 tencing parameter if the military judge determines
12 that the proposed sentence is plainly unreasonable;
13 and
14 ‘‘(2) in the case of an offense with no sen-
15 tencing parameter under section 856 of this chapter
16 (article 56), the military judge may reject a plea
17 agreement that proposes a sentence if the military
18 judge determines that the proposed sentence is
19 plainly unreasonable.’’.
20 (c) ARTICLE 56; SENTENCING.—Section 856 of title
21 10, United States Code (article 56 of the Uniform Code
22 of Military Justice), is amended—
23 (1) in subsection (c)—
24 (A) in paragraph (1)—
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1 (i) in subparagraph (C)(vii), by strik-
2 ing ‘‘and’’ at the end;
3 (ii) in subparagraph (D), by striking
4 the period at the end and inserting ‘‘;
5 and’’; and
6 (iii) by adding at the end the fol-
7 lowing new subparagraph:
8 ‘‘(E) the applicable sentencing parameters
9 or sentencing criteria prescribed under this sec-
10 tion.’’;
11 (B) by striking paragraphs (2) through (4)
12 and inserting the following new paragraphs:
13 ‘‘(2) APPLICATION OF SENTENCING PARAM-
14 ETERS IN GENERAL AND SPECIAL COURTS-MAR-
15 TIAL.—
16 ‘‘(A) REQUIREMENT TO SENTENCE WITHIN
17 PARAMETERS.—Except as provided in subpara-
18 graph (B), in a general or special court-martial
19 in which the accused is convicted of an offense
20 for which there is a sentencing parameter under
21 subsection (d), the military judge shall sentence
22 the accused for that offense within the applica-
23 ble parameter.
24 ‘‘(B) EXCEPTION.—The military judge
25 may impose a sentence outside a sentencing pa-
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1 rameter upon finding specific facts that warrant
2 such a sentence. If the military judge imposes
3 a sentence outside a sentencing parameter
4 under this subparagraph, the military judge
5 shall include in the record a written statement
6 of the factual basis for the sentence.
7 ‘‘(3) USE OF SENTENCING CRITERIA IN GEN-
8 ERAL AND SPECIAL COURTS-MARTIAL.—In a general
9 or special court-martial in which the accused is con-
10 victed of an offense for which there are sentencing
11 criteria under subsection (d), the military judge shall
12 consider the applicable sentencing criteria in deter-
13 mining the sentence for that offense.
14 ‘‘(4) OFFENSE-BASED SENTENCING IN GEN-
15 ERAL AND SPECIAL COURTS-MARTIAL.—In announc-
16 ing the sentence under section 853 of this chapter
17 (article 53) in a general or special court-martial, the
18 military judge shall, with respect to each offense of
19 which the accused is found guilty, specify the term
20 of confinement, if any, and the amount of the fine,
21 if any. If the accused is sentenced to confinement
22 for more than one offense, the military judge shall
23 specify whether the terms of confinement are to run
24 consecutively or concurrently.
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1 ‘‘(5) INAPPLICABILITY TO DEATH PENALTY.—
2 Sentencing parameters and sentencing criteria shall
3 not apply to a determination of whether an offense
4 should be punished by death.
5 ‘‘(6) SENTENCE OF CONFINEMENT FOR LIFE
6 WITHOUT ELIGIBILITY FOR PAROLE.—(A) If an of-
7 fense is subject to a sentence of confinement for life,
8 a court-martial may impose a sentence of confine-
9 ment for life without eligibility for parole.
10 ‘‘(B) An accused who is sentenced to confine-
11 ment for life without eligibility for parole shall be
12 confined for the remainder of the accused’s life un-
13 less—
14 ‘‘(i) the sentence is set aside or otherwise
15 modified as a result of—
16 ‘‘(I) action taken by the convening au-
17 thority or the Secretary concerned; or
18 ‘‘(II) any other action taken during
19 post-trial procedure or review under any
20 other provision of subchapter IX of this
21 chapter;
22 ‘‘(ii) the sentence is set aside or otherwise
23 modified as a result of action taken by a court
24 of competent jurisdiction; or
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1 ‘‘(iii) the accused receives a pardon or an-
2 other form of Executive clemency.’’;
3 (2) by redesignating subsection (d) as sub-
4 section (e);
5 (3) by inserting after subsection (c) the fol-
6 lowing new subsection:
7 ‘‘(d) ESTABLISHMENT OF SENTENCING PARAMETERS
8 AND SENTENCING CRITERIA.—
9 ‘‘(1) IN GENERAL.—The President shall pre-
10 scribe regulations establishing sentencing parameters
11 and sentencing criteria in accordance with this sub-
12 section. Such parameters and criteria—
13 ‘‘(A) shall cover sentences of confinement;
14 and
15 ‘‘(B) may cover lesser punishments, as the
16 President determines appropriate.
17 ‘‘(2) SENTENCING PARAMETERS.—Sentencing
18 parameters established under paragraph (1) shall—
19 ‘‘(A) identify a delineated sentencing range
20 for an offense that is appropriate for a typical
21 violation of the offense, taking into consider-
22 ation—
23 ‘‘(i) the severity of the offense;
24 ‘‘(ii) the guideline or offense category
25 that would apply to the offense if the of-
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1 fense were tried in a United States district
2 court;
3 ‘‘(iii) any military-specific sentencing
4 factors; and
5 ‘‘(iv) the need for the sentencing pa-
6 rameter to be sufficiently broad to allow
7 for individualized consideration of the of-
8 fense and the accused;
9 ‘‘(B) include no fewer than five and no
10 more than twelve offense categories;
11 ‘‘(C) assign each offense under this chap-
12 ter to an offense category unless the offense is
13 identified as unsuitable for sentencing param-
14 eters under paragraph (4)(F)(ii);
15 ‘‘(D) delineate the confinement range for
16 each offense category by setting an upper con-
17 finement limit and a lower confinement limit;
18 and
19 ‘‘(E) be neutral as to the race, color, reli-
20 gion, national origin, ethnicity, gender, gender
21 identity, disability, sexual orientation, and so-
22 cioeconomic status of offenders.
23 ‘‘(3) SENTENCING CRITERIA.—Sentencing cri-
24 teria established under paragraph (1) shall identify
25 offense-specific factors the military judge should
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1 consider and any collateral effects of available pun-
2 ishments that may aid the military judge in deter-
3 mining an appropriate sentence when there is no ap-
4 plicable sentencing parameter for a specific offense.
5 ‘‘(4) MILITARY SENTENCING PARAMETERS AND
6 CRITERIA BOARD.—
7 ‘‘(A) IN GENERAL.—There is established
8 within the Department of Defense a board, to
9 be known as the ‘Military Sentencing Param-
10 eters and Criteria Board’ (referred to in this
11 subsection as the ‘Board’).
12 ‘‘(B) VOTING MEMBERS.—The Board shall
13 have five voting members, as follows:
14 ‘‘(i) The four chief trial judges des-
15 ignated under section 826(g) of this chap-
16 ter (article 26(g)), except that, if the chief
17 trial judge of the Coast Guard is not avail-
18 able, the Judge Advocate General of the
19 Coast Guard may designate as a voting
20 member a judge advocate of the Coast
21 Guard with substantial military justice ex-
22 perience.
23 ‘‘(ii) A trial judge of the Navy, des-
24 ignated under regulations prescribed by
25 the President, if the chief trial judges des-
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1 ignated under section 826(g) of this chap-
2 ter (article 26(g)) do not include a trial
3 judge of the Navy.
4 ‘‘(iii) A trial judge of the Marine
5 Corps, designated under regulations pre-
6 scribed by the President, if the chief trial
7 judges designated under section 826(g) of
8 this chapter (article 26(g)) do not include
9 a trial judge of the Marine Corps.
10 ‘‘(C) NONVOTING MEMBERS.—The Chief
11 Judge of the Court of Appeals for the Armed
12 Forces, the Chairman of the Joint Chiefs of
13 Staff, and the General Counsel of the Depart-
14 ment of Defense shall each designate one non-
15 voting member of the Board.
16 ‘‘(D) CHAIR AND VICE-CHAIR.—The Sec-
17 retary of Defense shall designate one voting
18 member as chair of the Board and one voting
19 member as vice-chair.
20 ‘‘(E) VOTING REQUIREMENT.—An affirma-
21 tive vote of at least three members is required
22 for any action of the Board under this sub-
23 section.
24 ‘‘(F) DUTIES OF BOARD.—The Board shall
25 have the following duties:
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1 ‘‘(i) As directed by the President, the
2 Board shall submit to the President for ap-
3 proval—
4 ‘‘(I) sentencing parameters for
5 all offenses under this chapter (other
6 than offenses that the Board identi-
7 fies as unsuitable for sentencing pa-
8 rameters in accordance with clause
9 (ii)); and
10 ‘‘(II) sentencing criteria to be
11 used by military judges in determining
12 appropriate sentences for offenses
13 that are identified as unsuitable for
14 sentencing parameters in accordance
15 with clause (ii).
16 ‘‘(ii) Identify each offense under this
17 chapter that is unsuitable for sentencing
18 parameters. The Board shall identify an
19 offense as unsuitable for sentencing pa-
20 rameters if—
21 ‘‘(I) the nature of the offense is
22 indeterminate and unsuitable for cat-
23 egorization; and
24 ‘‘(II) there is no similar criminal
25 offense under the laws of the United
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1 States or the laws of the District of
2 Columbia.
3 ‘‘(iii) In developing sentencing param-
4 eters and criteria, the Board shall consider
5 the sentencing data collected by the Mili-
6 tary Justice Review Panel pursuant to sec-
7 tion 946(f)(2) of this chapter (article
8 146(f)(2)).
9 ‘‘(iv) In addition to establishing pa-
10 rameters for sentences of confinement
11 under clause (i)(I), the Board shall con-
12 sider the appropriateness of establishing
13 sentencing parameters for punitive dis-
14 charges, fines, reductions, forfeitures, and
15 other lesser punishments authorized under
16 this chapter.
17 ‘‘(v) The Board shall regularly—
18 ‘‘(I) review, and propose revision
19 to, in consideration of comments and
20 data coming to the Board’s attention,
21 the sentencing parameters and sen-
22 tencing criteria prescribed under para-
23 graph (1); and
24 ‘‘(II) submit to the President,
25 through the Secretary of Defense,
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1 proposed amendments to the sen-
2 tencing parameters and sentencing
3 criteria, together with statements ex-
4 plaining the basis for the proposed
5 amendments.
6 ‘‘(vi) The Board shall develop means
7 of measuring the degree to which applica-
8 ble sentencing, penal, and correctional
9 practices are effective with respect to the
10 sentencing factors and policies set forth in
11 this section.
12 ‘‘(vii) In fulfilling its duties and in ex-
13 ercising its powers, the Board shall consult
14 authorities on, and individual and institu-
15 tional representatives of, various aspects of
16 the military criminal justice system. The
17 Board shall establish separate advisory
18 groups consisting of individuals with cur-
19 rent or recent experience in command and
20 in senior enlisted positions, individuals
21 with experience in the trial of courts-mar-
22 tial, and such other groups as the Board
23 deems appropriate.
24 ‘‘(viii) The Board shall submit to the
25 President, through the Secretary of De-
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1 fense, proposed amendments to the rules
2 for courts-martial with respect to sen-
3 tencing proceedings and maximum punish-
4 ments, together with statements explaining
5 the basis for the proposed amendments.
6 ‘‘(ix) The Board may issue non-bind-
7 ing policy statements to achieve the
8 Board’s purposes and to guide military
9 judges in fashioning appropriate sentences,
10 including guidance on factors that may be
11 relevant in determining where in a sen-
12 tencing parameter a specification may fall,
13 or whether a deviation outside of the sen-
14 tencing range may be warranted.
15 ‘‘(G) FEDERAL ADVISORY COMMITTEE
16 ACT.—The Federal Advisory Committee Act (5
17 U.S.C. App.) shall not apply with respect to the
18 Board or any advisory group established by the
19 Board.’’; and
20 (4) in subsection (e)(1), as redesignated by
21 paragraph (2) of this subsection—
22 (A) in subparagraph (A), by striking ‘‘or’’
23 at the end;
24 (B) by redesignating subparagraph (B) as
25 subparagraph (C);
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1 (C) by inserting after subparagraph (A)
2 the following new subparagraph:
3 ‘‘(B) in the case of a sentence for an offense
4 with a sentencing parameter under this section, the
5 sentence is a result of an incorrect application of the
6 parameter; or’’; and
7 (D) in subparagraph (C), as redesignated
8 by subparagraph (B) of this paragraph, by
9 striking ‘‘, as determined in accordance with
10 standards and procedures prescribed by the
11 President’’.
12 (d) ARTICLE 66; COURTS OF CRIMINAL APPEALS.—
13 Section 866 of title 10, United States Code (article 66
14 of the Uniform Code of Military Justice) is amended—
15 (1) in subsection (d)(1)(A), by striking the
16 third sentence; and
17 (2) by amending subsection (e) to read as fol-
18 lows:
19 ‘‘(e) CONSIDERATION OF SENTENCE.—
20 ‘‘(1) IN GENERAL.—In considering a sentence
21 on appeal, other than as provided in section 856(e)
22 of this chapter (article 56(e)), the Court of Criminal
23 Appeals may consider—
24 ‘‘(A) whether the sentence violates the law;
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1 ‘‘(B) whether the sentence is inappropri-
2 ately severe—
3 ‘‘(i) if the sentence is for an offense
4 for which there is no sentencing parameter
5 under section 856(d) of this chapter (arti-
6 cle 56(d)); or
7 ‘‘(ii) in the case of an offense with a
8 sentencing parameter under section 856(d)
9 of this chapter (article 56(d)), if the sen-
10 tence is above the upper range of such sen-
11 tencing parameter;
12 ‘‘(C) in the case of a sentence for an of-
13 fense with a sentencing parameter under sec-
14 tion 856(d) of this chapter (article 56(d)),
15 whether the sentence is a result of an incorrect
16 application of the parameter;
17 ‘‘(D) whether the sentence is plainly un-
18 reasonable; and
19 ‘‘(E) in review of a sentence to death or to
20 life in prison without eligibility for parole deter-
21 mined by the members in a capital case under
22 section 853(c) of this chapter (article 53(c)),
23 whether the sentence is otherwise appropriate,
24 under rules prescribed by the President.
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1 ‘‘(2) RECORD ON APPEAL.—In an appeal under
2 this subsection or section 856(e) of this chapter (ar-
3 ticle 56(e)), other than review under subsection
4 (b)(2), the record on appeal shall consist of—
5 ‘‘(A) any portion of the record in the case
6 that is designated as pertinent by any party;
7 ‘‘(B) the information submitted during the
8 sentencing proceeding; and
9 ‘‘(C) any information required by rule or
10 order of the Court of Criminal Appeals.’’.
11 (e) CONFORMING AMENDMENTS.—
12 (1) Section 863(c) of title 10, United States
13 Code (article 63(c) of the Uniform Code of Military
14 Justice) is amended by striking ‘‘section 856(d) of
15 this title (article 56(d))’’ and inserting ‘‘section
16 856(e) of this chapter (article 56(e))’’.
17 (2) Section 866 of title 10, United States Code
18 (article 66 of the Uniform Code of Military Justice),
19 as amended by subsection (d), is further amended by
20 striking ‘‘section 856(d) of this title (article 56(d))’’
21 each place it appears and inserting ‘‘section 856(e)
22 of this chapter (article 56(e))’’.
23 (f) EFFECTIVE DATE.—
24 (1) IN GENERAL.—The amendments made by
25 this section shall take effect on the date that is two
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1 years after the date of the enactment of this Act and
2 shall apply to sentences adjudged in cases in which
3 all findings of guilty are for offenses that occurred
4 after the date that is two years after the date of the
5 enactment of this Act.
6 (2) IMPLEMENTATION OF SENTENCING PARAM-
7 ETERS AND CRITERIA.—
8 (A) IN GENERAL.—The President shall
9 prescribe regulations setting forth the sen-
10 tencing parameters and criteria required by
11 subsection (d) of section 856 of title 10, United
12 States Code (article 56 of the Uniform Code of
13 Military Justice), as added by subsection (c) of
14 this section.
15 (B) EFFECTIVE DATES.—The regulations
16 under subparagraph (A) shall take effect on a
17 date determined by the President which shall be
18 not later than four years after the date of en-
19 actment of this Act and shall apply only to sen-
20 tences adjudged in cases in which all findings of
21 guilty are for offenses that occurred after the
22 date on which the regulations required by sub-
23 paragraph (A) take effect.
24 (C) INTERIM AUTHORITY OF JUDGES.—If
25 the regulations required by subparagraph (A)
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1 have not been prescribed as of the date on
2 which the amendments made by this section
3 take effect under paragraph (1), each sentence
4 adjudged in accordance with the amendments
5 made by this section and the terms of the effec-
6 tive date under paragraph (1) shall be made as
7 if no sentencing parameter or criteria for that
8 offense has been prescribed until such time as
9 such regulations are issued that include such a
10 sentencing parameter or criteria.
11 (g) REPEAL OF SECRETARIAL GUIDELINES ON SEN-
12 TENCES FOR OFFENSES COMMITTED UNDER THE UNI-
13 FORM CODE OF MILITARY JUSTICE.—Section 537 of the
14 National Defense Authorization Act for Fiscal Year 2020
15 (Public Law 116–92; 133 Stat. 1363; 10 U.S.C. 856 note)
16 is repealed.
17 PART 3—REPORTS AND OTHER MATTERS
18 SEC. 539G. REPORT ON MODIFICATION OF DISPOSITION AU-
19 THORITY FOR OFFENSES OTHER THAN SPE-
20 CIAL VICTIM OFFENSES.
21 (a) IN GENERAL.—Not later than 180 days after the
22 date of the enactment of this Act, the Secretary of Defense
23 shall submit to the Committees on Armed Services of the
24 Senate and the House of Representatives a report on the
25 feasibility, advisability, and potential effects of modifying
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1 chapter 47 of title 10, United States Code (the Uniform
2 Code of Military Justice) to require that determinations
3 as to whether to prefer or refer charges for trial by court-
4 martial for offenses other than special victim offenses
5 must be made by an individual outside of the chain of com-
6 mand of the member subject to the charges rather than
7 by a commanding officer who is in the chain of command
8 of the member.
9 (b) ELEMENTS.—The report under subsection (a)
10 shall include the following:
11 (1) A review and reassessment of the findings
12 of the Secretary of Defense included in the report
13 submitted under section 540F of the National De-
14 fense Authorization Act for Fiscal year 2020 (Public
15 Law 116–92; 133 Stat. 1367 ), taking into account
16 the findings and recommendations of the Inde-
17 pendent Review Commission on Sexual Assault in
18 the Military as set forth in the report of the Com-
19 mission titled ‘‘Hard Truths and the Duty to
20 Change: Recommendations from the Independent
21 Review Commission on Sexual Assault in the Mili-
22 tary’’.
23 (2) An analysis of any effects, including positive
24 and negative effects, that may result from the modi-
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1 fication of disposition authority for offenses as de-
2 scribed in subsection (a).
3 (c) INDEPENDENT COMMITTEE.—
4 (1) IN GENERAL.—The Secretary of Defense
5 shall establish an independent committee to prepare
6 the report required by this section.
7 (2) MEMBERS.—Subject to paragraph (3), the
8 committee established under paragraph (1) shall be
9 composed of members who—
10 (A) are designated by the Secretary of De-
11 fense; and
12 (B) have expertise determined to be rel-
13 evant by the Secretary
14 (3) LIMITATION.—No member of an Armed
15 Force or civilian employee of the Department of De-
16 fense may serve on the committee established under
17 paragraph (1).
18 (d) SPECIAL VICTIM OFFENSE DEFINED.—In this
19 section, the term ‘‘special victim offense’’ means an of-
20 fense specified in section 801(17) of title 10, United
21 States Code (article 1(17) of the Uniform Code of Military
22 Justice), as added by section 534 of this subtitle.
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1 SEC. 539H. REPORT ON IMPLEMENTATION OF CERTAIN
2 RECOMMENDATIONS OF THE INDEPENDENT
3 REVIEW COMMISSION ON SEXUAL ASSAULT
4 IN THE MILITARY.
5 (a) REPORT REQUIRED.—Not later than 180 days
6 after the date of the enactment of this Act, the Secretary
7 of Defense shall submit to the Committees on Armed Serv-
8 ices of the Senate and the House of Representatives a re-
9 port on status of the implementation of the recommenda-
10 tions specified in subsection (c).
11 (b) ELEMENTS.—The report under subsection (a)
12 shall include the following:
13 (1) A description of the status of the implemen-
14 tation of each recommendation specified in sub-
15 section (c), including—
16 (A) whether, how, and to what extent the
17 recommendation has been implemented;
18 (B) any rules, regulations, policies, or
19 other guidance that have been issued, revised,
20 changed, or cancelled as a result of the imple-
21 mentation of the recommendation; and
22 (C) any impediments to the implementa-
23 tion of the recommendation.
24 (2) For each recommendation specified in sub-
25 section (c) that has not been fully implemented or
26 superseded by statute as of the date of the report,
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1 a plan for the implementation of the recommenda-
2 tion, including identification of—
3 (A) intermediate actions, milestone dates,
4 and the expected completion date for implemen-
5 tation of the recommendation; and
6 (B) any rules, regulations, policies, or
7 other guidance that are expected to be issued,
8 revised, changed, or cancelled as a result of the
9 implementation of the recommendation.
10 (3) Any statutory changes identified as nec-
11 essary to fully implement the recommendations spec-
12 ified in subsection (c).
13 (c) RECOMMENDATIONS SPECIFIED.—The rec-
14 ommendations specified in this subsection are the fol-
15 lowing, as set forth in the report of the Independent Re-
16 view Commission on Sexual Assault in the Military titled
17 ‘‘Hard Truths and the Duty to Change: Recommendations
18 from the Independent Review Commission on Sexual As-
19 sault in the Military’’, and dated July 2, 2021:
20 (1) Each recommendation under the heading
21 ‘‘Line of Effort 1: Accountability’’ as set forth in
22 section III such report.
23 (2) Each recommendation under the heading
24 ‘‘Line of Effort 2: Prevention’’ as set forth in sec-
25 tion III such report.
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1 (3) Each recommendation under the heading
2 ‘‘Line of Effort 3: Climate and Culture’’ as set forth
3 in section III of such report.
4 (4) Each recommendation under the heading
5 ‘‘Line of Effort 4: Victim Care and Support’’ as set
6 forth in section III of such report.
7 SEC. 539I. REPORT ON IMPLEMENTATION OF REC-
8 OMMENDATIONS AND OTHER ACTIVITIES TO
9 ADDRESS RACIAL, ETHNIC, AND GENDER DIS-
10 PARITIES IN THE MILITARY JUSTICE SYSTEM.
11 Not later than 180 days after the date of the enact-
12 ment of this Act, the Secretary of Defense shall submit
13 to the Committees on Armed Services of the Senate and
14 the House of Representatives a report on status of the
15 Secretary’s efforts—
16 (1) to implement the recommendations set forth
17 in the May 2019 report of the Government Account-
18 ability Office titled ‘‘Military Justice: DOD and the
19 Coast Guard Need to Improve Their Capabilities to
20 Assess Racial and Gender Disparities’’ (GAO–19–
21 344); and
22 (2) to carry out the activities required under
23 section 540I(b) of the National Defense Authoriza-
24 tion Act for Fiscal Year 2020 (Public Law 116–92;
25 133 Stat. 1369; 10 U.S.C. 810 note).
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1 SEC. 539J. PLAN FOR DEVELOPMENT AND MANAGEMENT
2 OF THE GENDER ADVISOR WORKFORCE.
3 (a) PLAN REQUIRED.—The Secretary of Defense
4 shall develop and implement a plan to institutionalize the
5 gender advisor workforce of the Department of Defense
6 responsible for supporting the implementation of the
7 Women, Peace, and Security Act of 2017 (Public Law
8 115–68; 131 Stat. 1202).
9 (b) ELEMENTS.—The plan under subsection (a) shall
10 include:
11 (1) Plans for the development and management
12 of the gender advisor workforce, including plans for
13 the training, certification, assignments, and career
14 development of the personnel of such workforce.
15 (2) The actions the Secretary of Defense will
16 carry out to elevate, develop, define, and standardize
17 the gender advisor workforce in accordance with rec-
18 ommendation 3.4(a) of the report of the Inde-
19 pendent Review Commission on Sexual Assault in
20 the Military titled ‘‘Hard Truths and the Duty to
21 Change: Recommendations from the Independent
22 Review Commission on Sexual Assault in the Mili-
23 tary’’ and dated July 2, 2021.
24 (3) Development of or modifications to guid-
25 ance, policy, professional military education, and
26 doctrine to define and standardize the gender advi-
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1 sor program with a focus on incorporating the prin-
2 ciples outlined in the plan of the Department of De-
3 fense titled ‘‘Women, Peace, and Security Strategic
4 Framework and Implementation Plan’’ and dated
5 June 2020, or any successor plan.
6 (4) Identification of training and education re-
7 quirements for members of the Armed Forces and
8 civilian employees of the Department of Defense, in-
9 cluding general and flag officers and members of the
10 senior executive service, on the role of the gender
11 advisor workforce and the principles outlined in plan
12 referred to in paragraph (3), or any successor plan.
13 (5) The funds, resources, and authorities need-
14 ed to establish and develop the gender advisor role
15 into a full-time, billeted, and resourced position
16 across organizations within the Department of De-
17 fense, including the military departments, the Armed
18 Forces, the combatant commands, Defense Agencies,
19 and Department of Defense Field Activities.
20 (6) Developing and standardizing position de-
21 scriptions of the gender advisor workforce, including
22 gender advisors and gender focal points, across orga-
23 nizations within the Department, including the mili-
24 tary departments, the Armed Forces, the combatant
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1 commands, Defense Agencies, and Department of
2 Defense Field Activities.
3 (7) An assessment and review of the Depart-
4 ment’s existing training programs for gender advi-
5 sors and gender focal points.
6 (8) Actions to adapt gender analysis (as defined
7 in section 3 of the Women’s Entrepreneurship and
8 Economic Empowerment Act (Public Law 115–428;
9 22 U.S.C. 2151–2)) to fit the needs of the Depart-
10 ment of Defense and to incorporate such analysis
11 into the work of gender advisors and other personnel
12 identified as part of the gender advisor workforce.
13 (9) The actions the Secretary will carry out to
14 incorporate the total amount of expenditures and
15 proposed appropriations necessary to support the
16 program, projects, and activities of the gender advi-
17 sor workforce into the future years defense program,
18 as submitted to Congress under section 221 of title
19 10, United States Code.
20 (c) REPORT.—Not later than 180 days after the date
21 of the enactment of this Act, the Secretary of Defense
22 shall submit to the appropriate congressional committees
23 a report detailing the plan developed under subsection (a)
24 and the Secretary’s progress in implementing such plan.
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1 (d) BRIEFING.—Not later than 270 days after the
2 date of the enactment of this Act, the Secretary of Defense
3 shall provide to the appropriate congressional committees
4 a briefing on the report under subsection (c) detailing the
5 plan developed under subsection (a) and the Secretary’s
6 progress in implementing such plan.
7 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
8 FINED.—In this section, the term ‘‘appropriate congres-
9 sional committees’’ means—
10 (1) the Committee on Armed Services and the
11 Committee on Foreign Affairs of the House of Rep-
12 resentatives; and
13 (2) the Committee on Armed Services and the
14 Committee on Foreign Relations of the Senate.
15 Subtitle E—Other Sexual Assault-
16 Related Matters
17 SEC. 541. INDEPENDENT INVESTIGATION OF COMPLAINTS
18 OF SEXUAL HARASSMENT.
19 (a) IN GENERAL.—Section 1561 of title 10, United
20 States Code, is amended to read as follows:
21 ‘‘§ 1561. Complaints of sexual harassment: inde-
22 pendent investigation
23 ‘‘(a) ACTION ON COMPLAINTS ALLEGING SEXUAL
24 HARASSMENT.—A commanding officer or officer in charge
25 of a unit, vessel, facility, or area of an armed force, who
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1 receives, from a member of the command or a member
2 under the supervision of the officer, a formal complaint
3 alleging sexual harassment by a member of the armed
4 forces shall, as soon as practicable after such receipt, for-
5 ward the complaint to an independent investigator.
6 ‘‘(b) COMMENCEMENT OF INVESTIGATION.—To the
7 extent practicable, an independent investigator shall com-
8 mence an investigation of a formal complaint of sexual
9 harassment not later than 72 hours after—
10 ‘‘(1) receiving a formal complaint of sexual har-
11 assment forwarded by a commanding officer or offi-
12 cer in charge under subsection (a); or
13 ‘‘(2) receiving a formal complaint of sexual har-
14 assment directly from a member of the armed forces.
15 ‘‘(c) DURATION OF INVESTIGATION.—To the extent
16 practicable, an investigation under subsection (b) shall be
17 completed not later than 14 days after the date on which
18 the investigation commences.
19 ‘‘(d) REPORT ON INVESTIGATION.—
20 ‘‘(1) If the investigation cannot be completed
21 within 14 days, not later than the 14th day after the
22 investigation commences, and every 14 days there-
23 after until the investigation is complete, the inde-
24 pendent investigator shall submit to the officer de-
•HR 4350 EH
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1 scribed in subsection (a) a report on the progress
2 made in completing the investigation.
3 ‘‘(2) To the extent practicable, and as soon as
4 practicable upon completion of the investigation, the
5 officer described in subsection (a) shall notify the
6 complainant of the final results of the investigation,
7 including any action taken, or planned to be taken,
8 as a result of the investigation.
9 ‘‘(e) DEFINITIONS.—In this section:
10 ‘‘(1) The term ‘formal complaint’ means a com-
11 plaint—
12 ‘‘(A) that an individual files in writing;
13 and
14 ‘‘(B) in which the individual attests to the
15 accuracy of the information contained in the
16 complaint.
17 ‘‘(2) The term ‘independent investigator’ means
18 a member of the armed forces or a civilian employee
19 of the Department of Defense or the Coast Guard
20 who—
21 ‘‘(A) is outside the chain of command of
22 the complainant and the subject of the inves-
23 tigation; and
24 ‘‘(B) is trained in the investigation of sex-
25 ual harassment, as determined by—
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1 ‘‘(i) the Secretary concerned, in the
2 case of a member of the armed forces;
3 ‘‘(ii) the Secretary of Defense, in the
4 case of a civilian employee of the Depart-
5 ment of Defense; or
6 ‘‘(iii) the Secretary of Homeland Se-
7 curity, in the case of a civilian employee of
8 the Coast Guard.
9 ‘‘(3) In this section, the term ‘sexual harass-
10 ment’ means any of the following:
11 ‘‘(A) Conduct that—
12 ‘‘(i) involves unwelcome sexual ad-
13 vances, requests for sexual favors, and de-
14 liberate or repeated offensive comments or
15 gestures of a sexual nature when—
16 ‘‘(I) submission to such conduct
17 is made either explicitly or implicitly a
18 term or condition of a person’s job,
19 pay, or career;
20 ‘‘(II) submission to or rejection
21 of such conduct by a person is used as
22 a basis for career or employment deci-
23 sions affecting that person; or
24 ‘‘(III) such conduct has the pur-
25 pose or effect of unreasonably inter-
•HR 4350 EH
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1 fering with an individual’s work per-
2 formance or creates an intimidating,
3 hostile, or offensive working environ-
4 ment; and
5 ‘‘(ii) is so severe or pervasive that a
6 reasonable person would perceive, and the
7 victim does perceive, the environment as
8 hostile or offensive.
9 ‘‘(B) Any use or condonation, by any per-
10 son in a supervisory or command position, of
11 any form of sexual behavior to control, influ-
12 ence, or affect the career, pay, or job of a mem-
13 ber of the armed forces or a civilian employee
14 of the Department of Defense or the Coast
15 Guard.
16 ‘‘(C) Any deliberate or repeated unwelcome
17 verbal comment or gesture of a sexual nature
18 by any member of the armed forces or civilian
19 employee of the Department of Defense or the
20 Coast Guard.’’.
21 (b) CLERICAL AMENDMENT.—The table of sections
22 at the beginning of chapter 80 of title 10 United States
23 Code is amended by striking the item relating to section
24 1561 and inserting the following new item:
‘‘1561. Complaints of sexual harassment: independent investigation.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by
2 subsections (a) and (b) shall—
3 (1) take effect on the date that is two years
4 after the date of the enactment of this Act; and
5 (2) apply to any investigation of a formal com-
6 plaint of sexual harassment (as those terms are de-
7 fined in section 1561 of title 10, United States
8 Code, as amended by subsection (a)) made on or
9 after that date.
10 (d) REPORT ON IMPLEMENTATION.—
11 (1) IN GENERAL.—Not later than one year
12 after the date of the enactment of this Act, each
13 Secretary concerned shall submit to the appropriate
14 congressional committees a report on preparation of
15 that Secretary to implement section 1561 of title 10,
16 United States Code, as amended by subsection (a).
17 (2) APPROPRIATE CONGRESSIONAL COMMIT-
18 TEES DEFINED.—In this section, the term ‘‘appro-
19 priate congressional committees’’ means—
20 (A) the Committee on Armed Services and
21 the Committee on Commerce, Science, and
22 Transportation of the Senate; and
23 (B) the Committee on Armed Services and
24 the Committee on Transportation and Infra-
25 structure of the House of Representatives.
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1 SEC. 542. MODIFICATION OF NOTICE TO VICTIMS OF PEND-
2 ENCY OF FURTHER ADMINISTRATIVE ACTION
3 FOLLOWING A DETERMINATION NOT TO
4 REFER TO TRIAL BY COURT-MARTIAL.
5 Section 549 of the National Defense Authorization
6 Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
7 806b note) is amended—
8 (1) in the section heading, by striking ‘‘AL-
9 LEGED SEXUAL ASSAULT’’ and inserting ‘‘AL-
10 LEGED SEX-RELATED OFFENSE’’;
11 (2) by striking ‘‘Under regulations’’ and insert-
12 ing ‘‘Notwithstanding section 552a of title 5, United
13 States Code, and under regulations’’;
14 (3) by striking ‘‘alleged sexual assault’’ and in-
15 serting ‘‘an alleged sex-related offense (as defined in
16 section 1044e(h) of title 10, United States Code)’’;
17 and
18 (4) by adding at the end the following new sen-
19 tence: ‘‘Upon such final determination, the com-
20 mander shall notify the victim of the type of action
21 taken on such case, the outcome of the action (in-
22 cluding any punishments assigned or characteriza-
23 tion of service, as applicable), and such other infor-
24 mation as the commander determines to be rel-
25 evant.’’
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1 SEC. 543. MODIFICATIONS TO ANNUAL REPORT REGARD-
2 ING SEXUAL ASSAULTS INVOLVING MEMBERS
3 OF THE ARMED FORCES.
4 (a) ELIMINATION OF SUNSET AND INCLUSION OF
5 DEMOGRAPHIC INFORMATION.—
6 (1) IN GENERAL.—Section 1631 of the Ike
7 Skelton National Defense Authorization Act for Fis-
8 cal Year 2011 (Public Law 111–383; 10 U.S.C.
9 1561 note) is amended—
10 (A) in subsection (a), by striking ‘‘through
11 March 1, 2021’’ and inserting ‘‘through March
12 1, 2026’’; and
13 (B) in subsection (b)—
14 (i) in paragraph (3), by inserting ‘‘the
15 race and ethnicity of the victim and ac-
16 cused,’’ before ‘‘the action’’; and
17 (ii) in paragraph (13)(B), by inserting
18 ‘‘, including the race and ethnicity of the
19 victim and accused’’ before the period at
20 the end.
21 (2) APPLICABILITY.—The amendments made
22 by paragraph (1) shall apply with respect to reports
23 required to be submitted under section 1631 of the
24 Ike Skelton National Defense Authorization Act for
25 Fiscal Year 2011 (Public Law 111–383; 10 U.S.C.
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1 1561 note) after the date of the enactment of this
2 Act.
3 (b) ADDITIONAL PREVALENCE DATA.—
4 (1) IN GENERAL.—Paragraph (8) of section
5 1631(b) of the Ike Skelton National Defense Au-
6 thorization Act for Fiscal Year 2011 (Public Law
7 111–383; 10 U.S.C. 1561 note) is amended to read
8 as follows:
9 ‘‘(8) An analysis and assessment of trends in
10 the incidence, disposition, and prosecution of sexual
11 assaults by units, commands and other competent
12 authorities, and installations during the year covered
13 by the report, including trends relating to—
14 ‘‘(A) the prosecution of incidents and
15 avoidance of incidents; and
16 ‘‘(B) the prevalence of incidents, set forth
17 separately for—
18 ‘‘(i) each installation with 5,000 or
19 more servicemembers;
20 ‘‘(ii) the major career fields of any in-
21 dividuals involved in such incidents, includ-
22 ing the fields of combat arms, aviation, lo-
23 gistics, maintenance, administration, and
24 medical; and
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1 ‘‘(iii) in the case of the Navy, the
2 operational status (whether sea duty or
3 shore duty) of any individuals involved in
4 such incidents.’’.
5 (2) APPLICABILITY.—The amendment made by
6 paragraph (1) shall apply with respect to reports re-
7 quired to be submitted under section 1631 of the Ike
8 Skelton National Defense Authorization Act for Fis-
9 cal Year 2011 (Public Law 111–383; 10 U.S.C.
10 1561 note) after January 1, 2023.
11 SEC. 544. CIVILIAN POSITIONS TO SUPPORT SPECIAL VIC-
12 TIMS’ COUNSEL.
13 (a) CIVILIAN SUPPORT POSITIONS.—Each Secretary
14 of a military department may establish one or more civil-
15 ian positions within each office of the Special Victims’
16 Counsel under the jurisdiction of such Secretary.
17 (b) DUTIES.—The duties of each position under sub-
18 section (a) shall be—
19 (1) to provide support to Special Victims’ Coun-
20 sel, including legal, paralegal, and administrative
21 support; and
22 (2) to ensure the continuity of legal services
23 and the preservation institutional knowledge in the
24 provision of victim legal services notwithstanding
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1 transitions in the military personnel assigned to of-
2 fices of the Special Victims’ Counsel.
3 (c) SPECIAL VICTIMS’ COUNSEL DEFINED.—In this
4 section, the term ‘‘Special Victims’ Counsel’’ means Spe-
5 cial Victims’ Counsel described in section 1044e of title
6 10, United States Code, and in the case of the Navy and
7 Marine Corps, includes counsel designated as ‘‘Victims’
8 Legal Counsel’’.
9 SEC. 545. FEASIBILITY STUDY ON ESTABLISHMENT OF
10 CLEARINGHOUSE OF EVIDENCE-BASED PRAC-
11 TICES TO PREVENT SEXUAL ASSAULT, SUI-
12 CIDE, AND OTHER HARMFUL BEHAVIORS
13 AMONG MEMBERS OF THE ARMED FORCES
14 AND MILITARY FAMILIES.
15 (a) STUDY.—The Secretary of Defense shall study
16 the feasibility of establishing a single, centralized clearing-
17 house of evidence-based practices to support the health
18 and well-being of members of the Armed Forces and mili-
19 tary families. and reduce harmful behaviors, through the
20 following activities:
21 (1) Establishment evidentiary standards to pro-
22 vide a common frame of reference for assessing the
23 strength of research evidence.
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1 (2) In consultation with nondepartmental ex-
2 perts, identification of health and well-being domains
3 of interest, including the prevention of—
4 (A) sexual assault;
5 (B) harassment;
6 (C) substance abuse;
7 (D) workplace violence; and
8 (E) suicide.
9 (3) Provision of practical guidance about the ef-
10 fectiveness of evidence-based practices, including
11 how they can be implemented and steps for moni-
12 toring implementation and changes in behavior.
13 (b) REPORT.—Not later than six months after the
14 date of the enactment of this Act, the Secretary shall sub-
15 mit to the appropriate congressional committees a report
16 containing the results of the feasibility study under sub-
17 section (a) and related recommendations of the Secretary.
18 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
19 FINED.—In this section, the term ‘‘appropriate congres-
20 sional committees’’ means the following:
21 (1) The Committee on Armed Services of the
22 House of Representatives.
23 (2) The Committee on Armed Services of the
24 Senate.
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1 (3) The Committee on Transportation and In-
2 frastructure of the House of Representatives.
3 (4) The Committee on Commerce, Science, and
4 Transportation of the Senate.
5 SEC. 546. ANNUAL REPORT REGARDING SEXUAL ASSAULTS
6 INVOLVING MEMBERS OF THE ARMY NA-
7 TIONAL GUARD AND THE AIR NATIONAL
8 GUARD.
9 (a) ANNUAL REPORTS.—Not later than one year
10 after the date of the enactment of this Act, and on an
11 annual basis thereafter, the Secretary of Defense shall
12 submit to the Committees on Armed Services of the Sen-
13 ate and the House of Representatives a report regarding
14 sexual assaults involving members of the Army National
15 Guard and the Air National Guard.
16 (b) ELEMENTS.—Each report under subsection (a)
17 shall include the following:
18 (1) The number of sexual assaults committed
19 against members of the Army National Guard and
20 the Air National Guard that were reported to mili-
21 tary officials during the year covered by the report,
22 and the number of cases that were substantiated.
23 (2) The number of sexual assaults committed
24 by members of the Army National Guard or the Air
25 National Guard that were reported to military offi-
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1 cials during the year covered by the report, and the
2 number of the cases so reported that were substan-
3 tiated.
4 (3) A synopsis of each such substantiated case,
5 organized by offense, and, for each such case, the
6 action taken in the case, including the type of dis-
7 ciplinary or administrative sanction imposed, if any,
8 including courts-martial sentences, nonjudicial pun-
9 ishments administered by commanding officers pur-
10 suant to section 815 of title 10, United States Code
11 (article 15 of the Uniform Code of Military Justice),
12 and administrative separations.
13 (4) The policies, procedures, and processes im-
14 plemented by the Chief of the National Guard Bu-
15 reau during the year covered by the report in re-
16 sponse to incidents of sexual assault involving mem-
17 bers of the Army National Guard or the Air Na-
18 tional Guard.
19 (c) PRESENTATION OF CERTAIN INFORMATION.—
20 The information required under paragraphs (1) and (2)
21 of subsection (b) shall be set forth separately for each such
22 paragraph and may not be combined.
23 (d) CONSULTATION.—In preparing each report under
24 subsection (a), the Secretary of Defense shall consult
25 with—
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1 (1) Under Secretary of Defense for Personnel
2 and Readiness;
3 (2) the Chief of the National Guard Bureau;
4 and
5 (3) the heads of such other organizations and
6 elements of the Department of Defense as the Sec-
7 retary determines appropriate.
8 Subtitle F—Member Education,
9 Training, and Transition
10 SEC. 551. TRAINING ON CONSEQUENCES OF COMMITTING A
11 CRIME IN PRESEPARATION COUNSELING OF
12 THE TRANSITION ASSISTANCE PROGRAM.
13 (a) ESTABLISHMENT.—Subsection (b) of section
14 1142 of title 10, United States Code, is amended by add-
15 ing at the end the following new paragraph:
16 ‘‘(20) Training regarding the consequences to
17 such a member who is convicted of a crime, specifi-
18 cally regarding the loss of benefits from the Federal
19 Government to such member.’’.
20 (b) IMPLEMENTATION DATE.—The Secretary con-
21 cerned shall carry out paragraph (20) of such subsection,
22 as added by subsection (a), not later than one year after
23 the date of the enactment of this Act.
24 (c) DEVELOPMENT.—The Secretary of Defense shall
25 develop the training under such paragraph.
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1 (d) PROGRESS BRIEFING.—Not later than 180 days
2 of the enactment of this Act, the Secretary of Defense
3 shall provide a briefing to the Committees on Armed Serv-
4 ices of the Senate and House of Representatives regarding
5 progress of the Secretary in preparing the training under
6 such paragraph.
7 SEC. 552. AMENDMENTS TO PATHWAYS FOR COUNSELING
8 IN THE TRANSITION ASSISTANCE PROGRAM.
9 Section 1142(c)(1) of title 10, United States Code,
10 is amended—
11 (1) in subparagraph (E), by striking ‘‘Dis-
12 ability’’ and inserting ‘‘Potential or confirmed med-
13 ical discharge of the member’’;
14 (2) in subparagraph (F), by striking ‘‘Char-
15 acter’’ and all that follows and inserting ‘‘Potential
16 or confirmed involuntary separation of the mem-
17 ber.’’;
18 (3) by redesignating subparagraph (M) as sub-
19 paragraph (R); and
20 (4) by inserting after subparagraph (L) the fol-
21 lowing:
22 ‘‘(M) Child care requirements of the member
23 (including whether a dependent of the member is en-
24 rolled in the Exceptional Family Member Program).
•HR 4350 EH
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1 ‘‘(N) The employment status of other adults in
2 the household of the member.
3 ‘‘(O) The location of the duty station of the
4 member (including whether the member was sepa-
5 rated from family while on duty).
6 ‘‘(P) The effects of operating tempo and per-
7 sonnel tempo on the member and the household of
8 the member.
9 ‘‘(Q) Whether the member is an Indian or
10 urban Indian, as those terms are defined in section
11 4 of the Indian Health Care Improvement Act (Pub-
12 lic Law 94–437; 25 U.S.C. 1603).’’.
13 SEC. 553. PARTICIPATION OF MEMBERS OF THE RESERVE
14 COMPONENTS OF THE ARMED FORCES IN
15 THE SKILLBRIDGE PROGRAM.
16 Section 1143(e)(2) of title 10, United States Code,
17 is amended to read as follows:
18 ‘‘(2) A member of the armed forces is eligible for a
19 program under this subsection if—
20 ‘‘(A) the member—
21 ‘‘(i) has completed at least 180 days on ac-
22 tive duty in the armed forces; and
23 ‘‘(ii) is expected to be discharged or re-
24 leased from active duty in the armed forces
•HR 4350 EH
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1 within 180 days of the date of commencement
2 of participation in such a program; or
3 ‘‘(B) the member is a member of a reserve com-
4 ponent.’’.
5 SEC. 554. EXPANSION AND CODIFICATION OF MATTERS
6 COVERED BY DIVERSITY TRAINING IN THE
7 DEPARTMENT OF DEFENSE.
8 (a) IN GENERAL.—Chapter 101 of title 10, United
9 States Code, is amended by inserting before section 2002
10 the following new section:
11 ‘‘§ 2001. Human relations, diversity, equity, and inclu-
12 sion training
13 ‘‘(a) HUMAN RELATIONS, DIVERSITY, EQUITY, AND
14 INCLUSION TRAINING.—
15 ‘‘(1) The Secretary shall ensure that the Sec-
16 retary of a military department conducts ongoing
17 training programs regarding human relations, diver-
18 sity, equity, and inclusion for all covered individuals
19 under the jurisdiction of the Secretary of a military
20 department. Such training shall be tailored to spe-
21 cific leadership levels and local area requirements.
22 ‘‘(2) Matters to be covered by such training in-
23 clude the following:
24 ‘‘(A) Racism.
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1 ‘‘(B) Discrimination on the basis of sex
2 (including pregnancy, status as a nursing moth-
3 er, sexual orientation, and gender identity).
4 ‘‘(C) Discrimination on the basis of age.
5 ‘‘(D) Discrimination on the basis of reli-
6 gion.
7 ‘‘(E) Discrimination on the basis of na-
8 tional origin.
9 ‘‘(F) Discrimination on the basis of color.
10 ‘‘(G) Discrimination on the basis of paren-
11 tal status.
12 ‘‘(H) Conscious and unconscious bias.
13 ‘‘(I) Discrimination based on disability,
14 both physical and mental.
15 ‘‘(J) Failure to provide a reasonable ac-
16 commodation.
17 ‘‘(K) Whistleblowers and information re-
18 garding how to file an equal opportunity com-
19 plaint.
20 ‘‘(L) Reprisal.
21 ‘‘(M) Harassment and hostile environment.
22 ‘‘(N) Procedures for reporting and obtain-
23 ing relief for discrimination, retaliation, hostile
24 work environment with respect to each compo-
25 nent of the workforce.
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1 ‘‘(O) Procedures for appealing Equal Op-
2 portunity and Equal Employment Opportunity
3 complaints with respect to each component of
4 the workforce.
5 ‘‘(P) Any other matter the Secretary of
6 Defense determines appropriate.
7 ‘‘(3) Such training shall be provided during the
8 following:
9 ‘‘(A) Initial entry training.
10 ‘‘(B) Annual refresher training.
11 ‘‘(C) Professional military education.
12 ‘‘(D) Peer education.
13 ‘‘(E) Specialized leadership training.
14 ‘‘(F) Any other time the Secretary of De-
15 fense determines appropriate.
16 ‘‘(4) The Secretary of Defense shall ensure that
17 such measures are taken to provide appropriate
18 metrics and measurement of these efforts.
19 ‘‘(5) The Secretary of Defense shall ensure that
20 unit commanders are aware of their responsibility to
21 ensure that activity based upon discriminatory mo-
22 tives does not occur in units under their command.
23 ‘‘(b) INFORMATION PROVIDED TO PROSPECTIVE RE-
24 CRUITS.—The Secretary of Defense shall ensure that a
25 covered individual preparing to enter an officer accession
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1 program or to execute an original enlistment agreement
2 or serve as a civilian employee—
3 ‘‘(1) is provided information concerning the
4 meaning of the oath of office or oath of enlistment
5 for service in the armed forces, including conduct ex-
6 pected under such oath; and
7 ‘‘(2) is informed that if supporting such guar-
8 antees is not possible personally for that covered in-
9 dividual, then that covered individual should decline
10 to join the Armed Forces.
11 ‘‘(c) COVERED INDIVIDUAL DEFINED.—In this sec-
12 tion, the term ‘covered individual’ includes—
13 ‘‘(1) a member of the Armed Forces;
14 ‘‘(2) a civilian employee of the Department; and
15 ‘‘(3) a contractor or sub-contractor providing
16 support to the Department.’’.
17 (b) TECHNICAL AND CONFORMING AMENDMENTS.—
18 (1) TECHNICAL AMENDMENT.—The table of
19 sections at the beginning of such chapter is amended
20 by inserting before the item relating to section 2002
21 the following new item:
‘‘2001. Human relations, diversity, equity, and inclusion training.’’.
22 (2) CONFORMING AMENDMENT.—Section 571
23 of the National Defense Authorization Act for Fiscal
24 Year 1997 (Public Law 104–201; 10 U.S.C. 113
25 note) is repealed.
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1 SEC. 555. EXPANSION OF JUNIOR RESERVE OFFICERS’
2 TRAINING CORPS PROGRAM.
3 (a) EXPANSION OF JROTC CURRICULUM.—Para-
4 graph (3) of section 2031(b) of title 10, United States
5 Code, is amended to read as follows:
6 ‘‘(3) the institution provides a course of mili-
7 tary instruction of not less than three academic
8 years’ duration, as prescribed by the Secretary of
9 the military department concerned—
10 ‘‘(A) which shall include an introduction to
11 service opportunities in military, national, and
12 public service; and
13 ‘‘(B) which may include instruction or ac-
14 tivities in the fields of science, technology, engi-
15 neering, and mathematics;’’.
16 (b) PLAN TO INCREASE NUMBER OF JROTC
17 UNITS.—The Secretary of Defense may, in consultation
18 with the Secretaries of the military departments, develop
19 and implement a plan to establish and support not fewer
20 than 6,000 units of the Junior Reserve Officers’ Training
21 Corps by September 30, 2031.
22 (c) REPORT REQUIRED.—Not later than one year
23 after the date of the enactment of this Act, the Secretary
24 of Defense shall submit to the Committees on Armed Serv-
25 ices of the Senate and the House of Representatives a re-
26 port on the status of the Junior Reserve Officers’ Training
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1 Corps programs of each Armed Force. The report shall
2 include—
3 (1) an assessment of the current usage of the
4 program, including the number of individuals en-
5 rolled in the program, the demographic information
6 of individuals enrolled in the program, and the num-
7 ber of units established under the program;
8 (2) a description of the efforts of the Armed
9 Forces to meet current enrollment targets for the
10 program;
11 (3) an explanation of the reasons such enroll-
12 ment targets have not been met, if applicable;
13 (4) a description of any obstacles preventing the
14 Armed Forces from meeting such enrollment targets;
15 (5) a comparison of the potential benefits and
16 drawbacks of expanding the program; and
17 (6) a description of program-wide diversity and
18 inclusion recruitment and retention efforts.
19 SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LAN-
20 GUAGE CENTER.
21 (a) AUTHORITY TO AWARD BACHELOR’S DE-
22 GREES.—Section 2168 of title 10, United States Code, is
23 amended—
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1 (1) in the section heading, by striking ‘‘Asso-
2 ciate’’ and inserting ‘‘Associate or Bachelor’’;
3 and
4 (2) by amending subsection (a) to read as fol-
5 lows:
6 ‘‘(a) Subject to subsection (b), the Commandant of
7 the Defense Language Institute may confer—
8 ‘‘(1) an Associate of Arts degree in a foreign
9 language upon any graduate of the Foreign Lan-
10 guage Center of the Institute who fulfills the re-
11 quirements for that degree; or
12 ‘‘(2) a Bachelor of Arts degree in a foreign lan-
13 guage upon any graduate of the Foreign Language
14 Center of the Institute who fulfills the requirements
15 for that degree.’’.
16 (b) CLERICAL AMENDMENT.—The table of sections
17 at the beginning of chapter 108 of title 10, United States
18 Code, is amended by striking the item relating to section
19 2168 and inserting the following new item:
‘‘2168. Defense Language Institute Foreign Language Center: degree of Asso-
ciate or Bachelor of Arts in foreign language.’’.
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1 SEC. 557. ALLOCATION OF AUTHORITY FOR NOMINATIONS
2 TO THE MILITARY SERVICE ACADEMIES IN
3 THE EVENT OF THE DEATH, RESIGNATION,
4 OR EXPULSION FROM OFFICE OF A MEMBER
5 OF CONGRESS.
6 (a) UNITED STATES MILITARY ACADEMY.—
7 (1) IN GENERAL.—Chapter 753 of title 10,
8 United States Code, is amended by inserting after
9 section 7442 the following new section:
10 ‘‘§ 7442a. Cadets: nomination in event of death, res-
11 ignation, or expulsion from office of
12 member of Congress otherwise author-
13 ized to nominate
14 ‘‘(a) SENATORS.—In the event a Senator does not
15 submit nominations for cadets for an academic year in ac-
16 cordance with section 7442(a)(3) of this title due to death,
17 resignation from office, or expulsion from office and the
18 date of the swearing-in of the Senator’s successor as Sen-
19 ator occurs after the date of the deadline for submittal
20 of nominations for cadets for the academic year, the nomi-
21 nations for cadets otherwise authorized to be made by the
22 Senator pursuant to such section shall be made instead
23 by the other Senator from the State concerned.
24 ‘‘(b) REPRESENTATIVES.—In the event a Representa-
25 tive from a State does not submit nominations for cadets
26 for an academic year in accordance with section
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1 7442(a)(4) of this title due to death, resignation from of-
2 fice, or expulsion from office and the date of the swearing-
3 in of the Representative’s successor as Representative oc-
4 curs after the date of the deadline for submittal of nomi-
5 nations for cadets for the academic year, the nominations
6 for cadets otherwise authorized to be made by the Rep-
7 resentative pursuant to such section shall be made instead
8 by the Senators from the State from the district of the
9 Representative, with such nominations divided equally
10 among such Senators and any remainder going to the sen-
11 ior Senator from the State.
12 ‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina-
13 tion for cadets made by a Senator pursuant to this section
14 is in addition to any nomination for cadets otherwise au-
15 thorized the Senator under section 7442 of this title or
16 any other provision of law.’’.
17 (2) CLERICAL AMENDMENT.—The table of sec-
18 tions at the beginning of chapter 753 of such title
19 is amended by inserting after the item relating to
20 section 7442 the following new item:
‘‘7442a. Cadets: nomination in event of death, resignation, or expulsion from of-
fice of member of Congress otherwise authorized to nominate.’’.
21 (b) UNITED STATES NAVAL ACADEMY.—
22 (1) IN GENERAL.—Chapter 853 of title 10,
23 United States Code, is amended by inserting after
24 section 8454 the following new section:
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1 ‘‘§ 8454a. Midshipmen: nomination in event of death,
2 resignation, or expulsion from office of
3 member of Congress otherwise author-
4 ized to nominate
5 ‘‘(a) SENATORS.—In the event a Senator does not
6 submit nominations for midshipmen for an academic year
7 in accordance with section 8454(a)(3) of this title due to
8 death, resignation from office, or expulsion from office and
9 the date of the swearing-in of the Senator’s successor as
10 Senator occurs after the date of the deadline for submittal
11 of nominations for midshipmen for the academic year, the
12 nominations for midshipmen otherwise authorized to be
13 made by the Senator pursuant to such section shall be
14 made instead by the other Senator from the State con-
15 cerned.
16 ‘‘(b) REPRESENTATIVES.—In the event a Representa-
17 tive from a State does not submit nominations for mid-
18 shipmen for an academic year in accordance with section
19 8454(a)(4) of this title due to death, resignation from of-
20 fice, or expulsion from office and the date of the swearing-
21 in of the Representative’s successor as Representative oc-
22 curs after the date of the deadline for submittal of nomi-
23 nations for midshipmen for the academic year, the nomi-
24 nations for midshipmen otherwise authorized to be made
25 by the Representative pursuant to such section shall be
26 made instead by the Senators from the State from the
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1 district of the Representative, with such nominations di-
2 vided equally among such Senators and any remainder
3 going to the senior Senator from the State.
4 ‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina-
5 tion for midshipmen made by a Senator pursuant to this
6 section is in addition to any nomination for midshipmen
7 otherwise authorized the Senator under section 8454 of
8 this title or any other provision of law.’’.
9 (2) CLERICAL AMENDMENT.—The table of sec-
10 tions at the beginning of chapter 853 of such title
11 is amended by inserting after the item relating to
12 section 8454 the following new item:
‘‘8454a. Midshipmen: nomination in event of death, resignation, or expulsion
from office of member of Congress otherwise authorized to
nominate.’’.
13 (c) AIR FORCE ACADEMY.—
14 (1) IN GENERAL.—Chapter 953 of title 10,
15 United States Code, is amended by inserting after
16 section 9442 the following new section:
17 ‘‘§ 9442a. Cadets: nomination in event of death, res-
18 ignation, or expulsion from office of
19 member of Congress otherwise author-
20 ized to nominate
21 ‘‘(a) SENATORS.—In the event a Senator does not
22 submit nominations for cadets for an academic year in ac-
23 cordance with section 9442(a)(3) of this title due to death,
24 resignation from office, or expulsion from office and the
•HR 4350 EH
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1 date of the swearing-in of the Senator’s successor as Sen-
2 ator occurs after the date of the deadline for submittal
3 of nominations for cadets for the academic year, the nomi-
4 nations for cadets otherwise authorized to be made by the
5 Senator pursuant to such section shall be made instead
6 by the other Senator from the State concerned.
7 ‘‘(b) REPRESENTATIVES.—In the event a Representa-
8 tive from a State does not submit nominations for cadets
9 for an academic year in accordance with section
10 9442(a)(4) of this title due to death, resignation from of-
11 fice, or expulsion from office and the date of the swearing-
12 in of the Representative’s successor as Representative oc-
13 curs after the date of the deadline for submittal of nomi-
14 nations for cadets for the academic year, the nominations
15 for cadets otherwise authorized to be made by the Rep-
16 resentative pursuant to such section shall be made instead
17 by the Senators from the State from the district of the
18 Representative, with such nominations divided equally
19 among such Senators and any remainder going to the sen-
20 ior Senator from the State.
21 ‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina-
22 tion for cadets made by a Senator pursuant to this section
23 is in addition to any nomination of cadets otherwise au-
24 thorized the Senator under section 9442 of this title or
25 any other provision of law.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec-
2 tions at the beginning of chapter 953 of such title
3 is amended by inserting after the item relating to
4 section 9442 the following new item:
‘‘9442a. Cadets: nomination in event of death, resignation, or expulsion from of-
fice of member of Congress otherwise authorized to nominate.’’.
5 (d) REPORT.—Not later than September 30, 2022,
6 the Secretary of Defense shall submit to the Committees
7 on Armed Services of the Senate and House of Represent-
8 atives a report regarding implementation of the amend-
9 ments under this section, including—
10 (1) the estimate of the Secretary regarding the
11 frequency with which the authorities under such
12 amendments will be used each year; and
13 (2) the number of times a Member of Congress
14 has failed to submit nominations to the military
15 academies due to death, resignation from office, or
16 expulsion from office.
17 SEC. 558. VOTES REQUIRED TO CALL A MEETING OF THE
18 BOARD OF VISITORS OF A MILITARY SERVICE
19 ACADEMY.
20 (a) UNITED STATES MILITARY ACADEMY.—Section
21 7455 of title 10, United States Code, is amended by add-
22 ing at the end the following new subsection:
23 ‘‘(i) A majority of the members of the Board may
24 call an official meeting of the Board at any time.’’.
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1 (b) UNITED STATES NAVAL ACADEMY.—Section
2 8468 of title 10, United States Code, is amended by add-
3 ing at the end the following new subsection:
4 ‘‘(i) A majority of the members of the Board may
5 call an official meeting of the Board at any time.’’.
6 (c) UNITED STATES AIR FORCE ACADEMY.—Section
7 9455 of title 10, United States Code, is amended by add-
8 ing at the end the following new subsection:
9 ‘‘(i) A majority of the members of the Board may
10 call an official meeting of the Board at any time.’’.
11 SEC. 559. UNITED STATES NAVAL COMMUNITY COLLEGE.
12 (a) ESTABLISHMENT.—Chapter 859 of title 10,
13 United States Code, is amended by adding at the end the
14 following new section:
15 ‘‘§ 8595. United States Naval Community College: es-
16 tablishment and degree granting author-
17 ity
18 ‘‘(a) ESTABLISHMENT AND FUNCTION.—There is a
19 United States Naval Community College. The primary
20 function of such College shall be to provide—
21 ‘‘(1) programs of academic instruction and pro-
22 fessional and technical education for individuals de-
23 scribed in subsection (b) in—
24 ‘‘(A) academic and technical fields of the
25 liberal arts and sciences which are relevant to
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1 the current and future needs of the Navy and
2 Marine Corps, including in designated fields of
3 national and economic importance such as cy-
4 bersecurity, artificial intelligence, machine
5 learning, data science, and software engineer-
6 ing; and
7 ‘‘(B) their practical duties;
8 ‘‘(2) remedial, developmental, or continuing
9 education programs, as prescribed by the Secretary
10 of the Navy, which are necessary to support, main-
11 tain, or extend programs under paragraph (1);
12 ‘‘(3) support and advisement services for indi-
13 viduals pursuing such programs; and
14 ‘‘(4) continuous monitoring of the progress of
15 such individuals.
16 ‘‘(b) INDIVIDUALS ELIGIBLE FOR PROGRAMS.—Sub-
17 ject to such other eligibility requirements as the Secretary
18 of the Navy may prescribe, the following individuals are
19 eligible to participate in programs and services under sub-
20 section (a):
21 ‘‘(1) Enlisted members of the Navy and Marine
22 Corps.
23 ‘‘(2) Officers of the Navy and Marine Corps
24 who hold a commission but have not completed a
25 postsecondary degree.
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1 ‘‘(3) Civilian employees of the Department of
2 the Navy.
3 ‘‘(4) Other individuals, as determined by the
4 Secretary of the Navy, so long as access to programs
5 and services under subsection (a) by such individuals
6 is—
7 ‘‘(A) in alignment with the mission of the
8 United States Naval Community College; and
9 ‘‘(B) determined to support the mission or
10 needs of the Department of the Navy.
11 ‘‘(c) DEGREE AND CREDENTIAL GRANTING AUTHOR-
12 ITY.—
13 ‘‘(1) IN GENERAL.—Under regulations pre-
14 scribed by the Secretary of the Navy, the head of
15 the United States Naval Community College may,
16 upon the recommendation of the directors and fac-
17 ulty of the College, confer appropriate degrees or
18 academic credentials upon graduates who meet the
19 degree or credential requirements.
20 ‘‘(2) LIMITATION.—A degree or credential may
21 not be conferred under this subsection unless—
22 ‘‘(A) the Secretary of Education has rec-
23 ommended approval of the degree or credential
24 in accordance with the Federal Policy Gov-
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1 erning Granting of Academic Degrees by Fed-
2 eral Agencies; and
3 ‘‘(B) the United States Naval Community
4 College is accredited by the appropriate civilian
5 academic accrediting agency or organization to
6 award the degree or credential, as determined
7 by the Secretary of Education.
8 ‘‘(3) CONGRESSIONAL NOTIFICATION REQUIRE-
9 MENTS.—
10 ‘‘(A) When seeking to establish degree or
11 credential granting authority under this sub-
12 section, the Secretary of Defense shall submit
13 to the Committees on Armed Services of the
14 Senate and House of Representatives—
15 ‘‘(i) a copy of the self assessment
16 questionnaire required by the Federal Pol-
17 icy Governing Granting of Academic De-
18 grees by Federal Agencies, at the time the
19 assessment is submitted to the Department
20 of Education’s National Advisory Com-
21 mittee on Institutional Quality and Integ-
22 rity; and
23 ‘‘(ii) the subsequent recommendations
24 and rationale of the Secretary of Edu-
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1 cation regarding the establishment of the
2 degree or credential granting authority.
3 ‘‘(B) Upon any modification or redesigna-
4 tion of existing degree or credential granting
5 authority, the Secretary of Defense shall submit
6 to the Committees on Armed Services of the
7 Senate and House of Representatives a report
8 containing the rationale for the proposed modi-
9 fication or redesignation and any subsequent
10 recommendation of the Secretary of Education
11 on the proposed modification or redesignation.
12 ‘‘(C) The Secretary of Defense shall sub-
13 mit to the Committees on Armed Services of
14 the Senate and House of Representatives a re-
15 port containing an explanation of any action by
16 the appropriate academic accrediting agency or
17 organization not to accredit the United States
18 Naval Community College to award any new or
19 existing degree or credential.
20 ‘‘(d) CIVILIAN FAULTY MEMBERS.—
21 ‘‘(1) AUTHORITY OF SECRETARY.—The Sec-
22 retary of the Navy may employ as many civilians as
23 professors, instructors, and lecturers at the United
24 States Naval Community College as the Secretary
25 considers necessary.
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1 ‘‘(2) COMPENSATION.—The compensation of
2 persons employed under this subsection shall be pre-
3 scribed by the Secretary of the Navy.’’.
4 (b) CLERICAL AMENDMENT.—The table of sections
5 at the beginning of chapter 859 of title 10, United States
6 Code, is amended by adding at the end the following new
7 item:
‘‘8595. United States Naval Community College: establishment and degree
granting authority.’’.
8 SEC. 559A. CODIFICATION OF ESTABLISHMENT OF UNITED
9 STATES AIR FORCE INSTITUTE OF TECH-
10 NOLOGY.
11 (a) IN GENERAL.—Chapter 951 of title 10, United
12 States Code, is amended by inserting before section 9414
13 the following new section:
14 ‘‘§ 9413. United States Air Force Institute of Tech-
15 nology: establishment
16 ‘‘There is in the Department of the Air Force a
17 United States Air Force Institute of Technology, the pur-
18 poses of which are to perform research and to provide,
19 to members of the Air Force and Space Force (including
20 the reserve components) and civilian employees of such
21 Department, advanced instruction and technical education
22 regarding their duties.’’.
23 (b) CLERICAL AMENDMENT.—The table of sections
24 at the beginning of such chapter is amended by inserting,
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1 before the item relating to section 9414, the following new
2 item:
‘‘9413. United States Air Force Institute of Technology: establishment.’’.
3 SEC. 559B. CLARIFICATIONS REGARDING SCOPE OF EM-
4 PLOYMENT AND REEMPLOYMENT RIGHTS OF
5 MEMBERS OF THE UNIFORMED SERVICES.
6 (a) CLARIFICATION REGARDING DEFINITION OF
7 RIGHTS AND BENEFITS.—Section 4303(2) of title 38,
8 United States Code, is amended—
9 (1) by inserting ‘‘(A)’’ before ‘‘The term’’; and
10 (2) by adding at the end the following new sub-
11 paragraph:
12 ‘‘(B) Any procedural protections or provisions
13 set forth in this chapter shall also be considered a
14 right or benefit subject to the protection of this
15 chapter.’’.
16 (b) CLARIFICATION REGARDING RELATION TO
17 OTHER LAW AND PLANS FOR AGREEMENTS.—Section
18 4302 of such title is amended by adding at the end the
19 following:
20 ‘‘(c)(1) Pursuant to this section and the procedural
21 rights afforded by subchapter III of this chapter, any
22 agreement to arbitrate a claim under this chapter is unen-
23 forceable, unless all parties consent to arbitration after a
24 complaint on the specific claim has been filed in court or
25 with the Merit Systems Protection Board and all parties
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1 knowingly and voluntarily consent to have that particular
2 claim subjected to arbitration.
3 ‘‘(2) For purposes of this subsection, consent shall
4 not be considered voluntary when a person is required to
5 agree to arbitrate an action, complaint, or claim alleging
6 a violation of this chapter as a condition of future or con-
7 tinued employment, advancement in employment, or re-
8 ceipt of any right or benefit of employment.’’.
9 SEC. 559C. CLARIFICATION AND EXPANSION OF PROHIBI-
10 TION ON GENDER-SEGREGATED TRAINING IN
11 THE MARINE CORPS.
12 Section 565 of the National Defense Authorization
13 Act for Fiscal Year 2020 (10 U.S.C. 8431 note prec.) is
14 amended—
15 (1) in the heading, by inserting ‘‘AND OFFI-
16 CER CANDIDATES SCHOOL’’ after ‘‘DEPOTS’’;
17 (2) in subsection (a)(1)—
18 (A) by striking ‘‘training’’ and inserting
19 ‘‘no training platoon’’; and
20 (B) by striking ‘‘not’’;
21 (3) in subsection (b)(1)—
22 (A) by striking ‘‘training’’ and inserting
23 ‘‘no training platoon’’; and
24 (B) by striking ‘‘not’’; and
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1 (4) by adding at the end the following new sub-
2 sections:
3 ‘‘(c) NEW LOCATION.—No training platoon at a Ma-
4 rine Corps recruit depot established after the date of the
5 enactment of this Act may be segregated based on gender.
6 ‘‘(d) OFFICER CANDIDATES SCHOOL.—
7 ‘‘(1) PROHIBITION.—Subject to paragraph (2),
8 training at Officer Candidates School, Quantico, Vir-
9 ginia, may not be segregated based on gender.
10 ‘‘(2) DEADLINE.—The Commandant of the Ma-
11 rine Corps shall carry out this subsection not later
12 than five years after the date of the enactment of
13 this Act.’’.
14 SEC. 559D. REQUIREMENT TO ISSUE REGULATIONS ENSUR-
15 ING CERTAIN PARENTAL GUARDIANSHIP
16 RIGHTS OF CADETS AND MIDSHIPMEN.
17 (a) REGULATIONS REQUIRED.—
18 (1) IN GENERAL.—Each Secretary concerned
19 shall prescribe by regulation policies ensuring that
20 the parental guardianship rights of cadets and mid-
21 shipmen are protected consistent with individual and
22 academic responsibilities.
23 (2) PROTECTION OF PARENTAL GUARDIANSHIP
24 RIGHTS.—The regulations prescribed under para-
25 graph (1) shall provide that—
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1 (A) a cadet or midshipman of a covered
2 service academy may not be required to give up
3 such cadet or midshipman’s parental guardian-
4 ship rights in the event of a pregnancy occur-
5 ring after the beginning of such cadet or mid-
6 shipman’s first day of academic courses;
7 (B) except as provided under paragraph
8 (3), a covered service academy may not involun-
9 tarily dis-enroll a cadet or midshipman who be-
10 comes pregnant or fathers a child while enrolled
11 at such academy after the first day of academic
12 courses; and
13 (C) a cadet or midshipman who becomes
14 pregnant or fathers a child while enrolled at a
15 covered service academy shall be allowed to take
16 leave for up to one year and return to the acad-
17 emy to resume classes afterward.
18 (3) RESPONSIBILITIES OF PARENTS ENROLLED
19 AT COVERED SERVICE ACADEMIES.—The regulations
20 prescribed under paragraph (1) shall require cadets
21 and midshipmen with dependents to establish a fam-
22 ily care plan in consultation with and approved by
23 appropriate academy leadership. The family care
24 plan shall—
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1 (A) designate a full-time care provider,
2 such as another parent or guardian of the de-
3 pendent or a family member of the cadet or
4 midshipman, who shall—
5 (i) be responsible for the dependent;
6 (ii) not be enrolled at a covered serv-
7 ice academy; and
8 (iii) have either full power-of-attorney
9 or guardianship rights in order to prevent
10 situations where such cadet or midshipman
11 is pulled away from such cadet or mid-
12 shipman’s duties and responsibilities at the
13 covered service academy;
14 (B) ensure that such cadet or mid-
15 shipman—
16 (i) does not rely on base facilities or
17 child-care services and is able to function
18 as any other cadet or midshipman, includ-
19 ing residing in covered service academy
20 dormitories;
21 (ii) except as provided under para-
22 graphs (4) and (5)(B)(i), does not receive
23 additional compensation benefits or conces-
24 sions from the covered service academy on
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1 account of having a dependent, including
2 money, leave, or liberty;
3 (iii) is not be excused on account of
4 such dependent from standard classes,
5 training, traveling, fitness requirements, or
6 any other responsibilities inherent to at-
7 tending a covered service academy; and
8 (C) ensure, that if both parents of a de-
9 pendent are cadets or midshipmen at a covered
10 service academy, the parents shall agree on the
11 family care plan or face expulsion (with no in-
12 curred obligations).
13 (4) OPTIONS FOR PREGNANT CADETS AND MID-
14 SHIPMEN.—The regulations prescribed under para-
15 graph (1) shall provide that females becoming preg-
16 nant while enrolled at a covered service academy
17 shall have, at a minimum, the following options:
18 (A) At the conclusion of the current semes-
19 ter or when otherwise deemed medically appro-
20 priate, taking leave from the covered service
21 academy for up to one year followed by a return
22 to full cadet or midshipman status.
23 (B) Seek a transfer to a university with a
24 Reserve Officers’ Training Corps for the Armed
25 Force under the military department concerned.
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1 (C) Full release from the covered service
2 academy and any related obligations.
3 (D) Enlistment in active-duty service, with
4 all of the attendant benefits.
5 (5) TREATMENT OF MALES FATHERING A
6 CHILD WHILE ENROLLED AT COVERED SERVICE
7 ACADEMIES.—The regulations prescribed under
8 paragraph (1) shall provide that males fathering a
9 child while enrolled at a covered service academy—
10 (A) shall not be required to give up paren-
11 tal rights; and
12 (B) shall not acquire any benefits or leave
13 considerations as a result of fathering a child,
14 except that—
15 (i) academy leadership shall establish
16 policies to allow cadets and midshipmen at
17 least one week of leave to attend the birth
18 of such child, which must be used in con-
19 junction with the birth; and
20 (ii) in the event the male father be-
21 comes the sole financial provider for a de-
22 pendent, the academy shall provide the fa-
23 ther the same options available to a cadet
24 or midshipman who becomes a mother
25 while enrolled, including remaining enrolled
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1 in accordance with a family care plan es-
2 tablished pursuant to paragraph (3) or se-
3 lecting one of the options specified in sub-
4 paragraphs (B) and (C) of paragraph (4).
5 (6) RULE OF CONSTRUCTION.—Nothing in this
6 section shall be construed as requiring or providing
7 for the changing of admission requirements at any
8 of the covered service academies.
9 (b) DEFINITIONS.—In this section:
10 (1) The term ‘‘covered service academy’’ means
11 the following:
12 (A) The United States Military Academy,
13 West Point, New York.
14 (B) The United States Naval Academy,
15 Annapolis, Maryland.
16 (C) The United States Air Force Academy,
17 Colorado Springs, Colorado.
18 (D) The United States Coast Guard Acad-
19 emy, New London, Connecticut.
20 (E) The United States Merchant Marine
21 Academy, Kings Point, New York.
22 (2) The term ‘‘Secretary concerned’’ means—
23 (A) with respect to the United States Mili-
24 tary Academy, the United States Naval Acad-
25 emy, and the United States Air Force Academy,
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1 the Secretary of Defense, in consultation with
2 the Secretaries of the military departments and
3 the Superintendent of each such academy;
4 (B) with respect to the United States
5 Coast Guard Academy, the Secretary of Home-
6 land Security, in consultation with the Com-
7 mandant of the Coast Guard and the Super-
8 intendent of the Coast Guard Academy; and
9 (C) with respect to the United States Mer-
10 chant Marine Academy, the Secretary of Trans-
11 portation, in consultation with the Adminis-
12 trator of the Maritime Administration and the
13 Superintendent of the Merchant Marine Acad-
14 emy.
15 SEC. 559E. DEFENSE LANGUAGE CONTINUING EDUCATION
16 PROGRAM.
17 (a) IN GENERAL.—Not later than 120 days after the
18 date of the enactment of this Act, the Under Secretary
19 of Defense for Personnel and Readiness shall coordinate
20 with the Director of the Defense Intelligence Agency to
21 designate an executive agent for commercially available
22 advanced foreign language training to meet operational
23 readiness requirements of the Department of Defense.
24 (b) ELEMENTS.—The executive agent designated in
25 subsection (a) shall be responsible for the following:
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1 (1) Developing policies, procedures, and cur-
2 ricula to allow for continuing language training
3 when linguists transition to operational environ-
4 ments from education or training environments,
5 such as the Defense Language Institute, the Defense
6 Language and National Security Education Office,
7 or service-based training.
8 (2) Identifying the resourcing requirements nec-
9 essary for each armed force to have access to the
10 following foreign language training elements:
11 (A) A foreign language and current culture
12 training and maintenance virtual immersion
13 program covering strategic languages (as des-
14 ignated by the Federal Government), with a
15 range of multimedia materials including—
16 (i) current and authentic copyrighted
17 multimedia content (video, audio, print,
18 etc.), in multiple genres, that have been
19 cleared for legal use;
20 (ii) foreign-originated newscasts and
21 interviews with foreign speakers; and
22 (iii) any other content determined by
23 the executive agent to be necessary for per-
24 sonnel to acquire proper vocabulary, phra-
25 seology, and enhanced understanding of
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1 the nuances associated with foreign cul-
2 tures.
3 (B) Anytime accessibility, both on-line and
4 via mobile device.
5 (C) Training programs with success proven
6 by previous partnerships with academic institu-
7 tions in the United States or other departments
8 and agencies of the Federal Government.
9 (c) REIMBURSEMENT AUTHORITY.—Not later than
10 180 days after the date of the enactment of this Act, the
11 executive agent, in coordination with the chief of each cov-
12 ered Armed Force, shall establish a procedure through
13 which the Armed Force shall reimburse any organization
14 of the Department of Defense that provides instruction
15 under this section to members of that Armed Force for
16 the costs of such instruction.
17 (d) COVERED ARMED FORCE DEFINED.—In this sec-
18 tion, the term ‘‘covered Armed Force’’ means the Army,
19 Navy, Air Force, Marine Corps, and Space Force.
20 SEC. 559F. PUBLIC-PRIVATE CONSORTIUM TO IMPROVE
21 PROFESSIONAL MILITARY EDUCATION.
22 (a) ESTABLISHMENT.—The Secretary of Defense,
23 acting through the Chairman of the Joint Chiefs of Staff
24 and in consultation with the Under Secretary of Defense
25 for Personnel and Readiness, may establish and maintain
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1 a public-private consortium (referred to in this section as
2 the ‘‘Consortium’’) to improve and broaden professional
3 military education for military officers and civilian em-
4 ployees of the Federal Government.
5 (b) DIRECTORS.—
6 (1) IN GENERAL.—The President of the Na-
7 tional Defense University and the head of a civilian
8 institution of higher education appointed in accord-
9 ance with paragraph (3) shall serve as co-directors
10 of the Consortium.
11 (2) RESPONSIBILITIES OF CO-DIRECTORS.—The
12 co-directors shall be responsible for—
13 (A) the administration and management of
14 the Consortium; and
15 (B) developing a common curriculum for
16 professional military education using input re-
17 ceived from members of the Consortium.
18 (3) APPOINTMENT OF CO-DIRECTOR FROM CI-
19 VILIAN INSTITUTION.—Not later than June 1, 2022,
20 the Secretary of Defense shall appoint an individual
21 who is the President or Chancellor of a civilian insti-
22 tution of higher education to serve as co-director of
23 the Consortium as described in paragraph (1).
24 (4) TERM OF CO-DIRECTOR.—The co-director
25 appointed under paragraph (3) shall serve an initial
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1 term of five years. The Secretary of Defense may re-
2 appoint such co-director for one or more additional
3 terms of not more than five years, as the Secretary
4 determines appropriate.
5 (5) AUTHORITY.—In the event that a conflict
6 arises between co-directors of the Consortium, the
7 conflict shall be resolved by the Director for Joint
8 Force Development of the Joint Chiefs of Staff (J–
9 7).
10 (c) ACTIVITIES OF CONSORTIUM.—The Consortium
11 shall carry out the following activities:
12 (1) Bring the military education system (includ-
13 ing military service academies, institutions that pro-
14 vide professional military education, and other insti-
15 tutions the provide military education) together with
16 a broad group of civilian institutions of higher edu-
17 cation, policy research institutes, and the commercial
18 sector to develop and continually update a research-
19 based curriculum to prepare early career, mid-ca-
20 reer, and senior military officers and civilian employ-
21 ees of the Federal Government to succeed in an era
22 that will be predominantly defined by great power
23 competition and in which security challenges will
24 transcend the traditional areas of defense expertise,
25 becoming more complex and inter-related than be-
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1 fore, with disruptions that will manifest rapidly and
2 with little warning.
3 (2) Train military officers and civilian edu-
4 cators serving in the joint professional military edu-
5 cation system to implement the curriculum developed
6 under paragraph (2) at the institutions they serve.
7 (3) On a regular basis, make recommendations
8 to the Secretary about how the joint professional
9 military education system should be modified to
10 meet the challenges of apparent or possible future
11 defense, national security, and international environ-
12 ments.
13 (d) MEMBERS.—The Consortium shall be composed
14 of representatives selected by the Secretary of Defense
15 from the following organizations:
16 (1) Organizations within the joint professional
17 military education system.
18 (2) Military service academies.
19 (3) Other institutions of the Federal Govern-
20 ment that provide military education.
21 (4) Civilian institutions of higher education.
22 (5) Private sector and government policy re-
23 search institutes.
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1 (6) Organizations in the commercial sector, in-
2 cluding organizations from the industrial, finance,
3 and technology sectors.
4 (e) ANNUAL REPORT.—Not later than September 30,
5 2023, and annually thereafter, the co-directors of the Con-
6 sortium shall submit to the Secretary of Defense and the
7 appropriate congressional committees a report that de-
8 scribes the activities carried out by the Consortium during
9 the preceding year.
10 (f) DEFINITIONS.—In this section:
11 (1) The term ‘‘appropriate congressional com-
12 mittees’’ means—
13 (A) the Committee on Armed Services and
14 the Committee on Transportation and Infra-
15 structure of the House of Representatives; and
16 (B) the Committee on Armed Services and
17 the Committee on the Environment and Public
18 Works of the Senate.
19 (2) The term ‘‘civilian institution of higher edu-
20 cation’’ means an institution of higher education (as
21 defined in section 101 of the Higher Education Act
22 of 1965 (20 U.S.C. 1001)) that is not owned or con-
23 trolled by the Federal Government.
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1 SEC. 559G. STANDARDS FOR TRAINING OF SURFACE WAR-
2 FARE OFFICERS AND ENLISTED MEMBERS.
3 (a) ESTABLISHMENT.—Not later than September 30,
4 2022, the Secretary of the Navy shall establish standards
5 and procedures (subject to subsection (b)) by which a
6 Navy surface warfare officer or enlisted member of the
7 Navy who serves in a bridge or engine department may
8 be issued a merchant mariner credential in accordance
9 with part E of subtitle II of title 46, United States Code,
10 including—
11 (1) a merchant mariner credential with a na-
12 tional officer endorsement under section 10.109(a)
13 of title 46, Code Federal Regulations, as in effect on
14 the date of the enactment of this Act;
15 (2) a national rating endorsement under sub-
16 section (b) or (c) of section 10.109 of such title; or
17 (3) a Standards of Training, Certification, and
18 Watchkeeping endorsement under section 10.109 (d)
19 of such title.
20 (b) STRINGENCY.—In no case shall the standards de-
21 scribed in subsection (a) be less stringent than the stand-
22 ards applied by the Army, Military Sealift Command, or
23 Coast Guard vessel operators.
24 (c) REPORT.—Upon establishment under subsection
25 (a), the Secretary of the Navy shall submit to the appro-
26 priate congressional committees a report that updates the
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1 military-to-mariner transition provided in response to sec-
2 tion 568 of the National Defense Authorization Act for
3 Fiscal Year 2017 (Public Law 114–328) that includes—
4 (1) a description of the how the training pro-
5 gram for surface warfare officers exceeds the min-
6 imum requirements for a merchant mariner creden-
7 tial with an appropriate endorsement—
8 (A) meets the requirements for a merchant
9 mariner credential with an appropriate endorse-
10 ment; and
11 (B) exceeds such requirements;
12 (2) a list of the proposed naval curriculum
13 courses that have been submitted to the National
14 Maritime Center for course credentialing approval;
15 and
16 (3) a timeline for—
17 (A) all personnel described in subsection
18 (b)(1) to be qualified to be issued merchant
19 mariner credentials with national officer and
20 ratings endorsements; and
21 (B) 50 percent of such personnel to receive
22 such credential with Standards of Training,
23 Certification, and Watchkeeping endorsement.
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1 (d) APPROPRIATE CONGRESSIONAL COMMITTEES
2 DEFINED.—In this section, the term ‘‘appropriate con-
3 gressional committees’’ means the following:
4 (1) The congressional defense committees (as
5 that term is defined in section 101 of title 10,
6 United States Code).
7 (2) The Committee on Transportation and In-
8 frastructure of the House of Representatives.
9 (3) The Committee on Commerce, Science, and
10 Transportation of the Senate.
11 SEC. 559H. PROFESSIONAL MILITARY EDUCATION: REPORT;
12 DEFINITION.
13 (a) REPORT.—
14 (1) IN GENERAL.—Not later than July 1, 2022,
15 the Secretary of Defense, in consultation with the
16 Chairman of the Joint Chiefs of Staff, shall submit
17 to the Committees on Armed Services of the Senate
18 and the House of Representatives a report setting
19 forth the results of a review and assessment of the
20 definition of professional military education in the
21 Department of Defense and the military depart-
22 ments as specified in subsection (c).
23 (2) ELEMENTS.—The report under this sub-
24 section shall include the following elements:
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1 (A) A consolidated summary of all defini-
2 tions of the term ‘‘professional military edu-
3 cation’’ used in the Department of Defense and
4 the military departments.
5 (B) A description of how such term is used
6 in the Department of Defense in educational in-
7 stitutions, associated schools, programs, think
8 tanks, research centers, and support activities.
9 (C) An analysis of how such term—
10 (i) applies to tactical, operational, and
11 strategic settings; and
12 (ii) is linked to mission requirements.
13 (D) An analysis of how professional mili-
14 tary education has been applied and linked
15 through all levels of Department of Defense
16 education and training.
17 (E) The applicability of professional mili-
18 tary education to the domains of warfare, in-
19 cluding land, air, sea, space, and cyber.
20 (F) With regards to online and virtual
21 learning in professional military education—
22 (i) an analysis of the use of such
23 learning; and
24 (ii) student satisfaction in comparison
25 to traditional classroom learning.
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1 (b) DEFINITION.—Not later than one year after the
2 date of the enactment of this Act, the Secretary of De-
3 fense, in coordination with the Chairman of the Joint
4 Chiefs of Staff and the Secretaries of the military depart-
5 ments, using the report under subsection (a), shall stand-
6 ardize the definition of ‘‘professional military education’’
7 across the military departments and the Department of
8 Defense.
9 SEC. 559I. STUDY ON TRAINING AND EDUCATION OF MEM-
10 BERS OF THE ARMED FORCES REGARDING
11 SOCIAL REFORM AND UNHEALTHY BEHAV-
12 IORS.
13 (a) STUDY.—Not later than April 1, 2022, the Sec-
14 retary of Defense, in consultation with the Secretaries of
15 the military departments, shall conduct a study on train-
16 ing and courses of education offered to covered members
17 regarding—
18 (1) sexual assault;
19 (2) sexual harassment;
20 (3) extremism;
21 (4) domestic violence;
22 (5) diversity, equity, and inclusion;
23 (6) military equal opportunity;
24 (7) suicide prevention; and
25 (8) substance abuse.
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1 (b) ELEMENTS.—The study under subsection (a)
2 shall identify, with regard to each training or course of
3 education, the following:
4 (1) Sponsor.
5 (2) Location.
6 (3) Method.
7 (4) Frequency.
8 (5) Number of covered members who have par-
9 ticipated.
10 (6) Legislation, regulation, instruction, or guid-
11 ance that requires such training or course (if appli-
12 cable).
13 (7) Metrics of—
14 (A) performance;
15 (B) effectiveness; and
16 (C) data collection.
17 (8) Responsibilities of the Secretary of Defense
18 or Secretary of a military department to—
19 (A) communicate with non-departmental
20 entities;
21 (B) process feedback from trainers, train-
22 ees, and such entities;
23 (C) connect such training or course to tac-
24 tical, operational, and strategic goals; and
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1 (D) connect such training or course to
2 other training regarding social reform and
3 unhealthy behavior.
4 (9) Analyses of—
5 (A) whether the metrics described in para-
6 graph (7) are standardized across the military
7 departments;
8 (B) mechanisms used to engage non-de-
9 partmental entities to assist in the development
10 of such training or courses;
11 (C) incentives used to ensure the effective-
12 ness of such training or courses;
13 (D) how each training or courses is in-
14 tended to change behavior; and
15 (E) costs of such training and courses.
16 (10) Recommendations of the Secretary of De-
17 fense to improve such training or courses, including
18 the estimated costs to implement such improve-
19 ments.
20 (11) Any other information the Secretary of
21 Defense determines relevant.
22 (c) REPORT.—Not later than July 1, 2022, the Sec-
23 retary of Defense shall submit to the Committees on
24 Armed Services of the Senate and House of Representa-
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1 tives a report on the results of the study under this sec-
2 tion.
3 (d) COVERED MEMBER DEFINED.—In this section,
4 the term ‘‘covered member’’ means a member of an Armed
5 Force under the jurisdiction of the Secretary of a military
6 department.
7 SEC. 559J. NOTICE PROGRAM RELATING TO OPTIONS FOR
8 NATURALIZATION.
9 (a) UPON ENLISTMENT.—Every military recruiter or
10 officer overseeing an enlistment shall provide to every re-
11 cruit proper notice of that recruit’s options for naturaliza-
12 tion under title III of the Immigration and Nationality
13 Act (8 U.S.C. 1401 et seq.), and shall inform the recruit
14 of existing programs or services that may aid in the re-
15 cruit’s naturalization process, including directing the re-
16 cruit to the Judge Advocate General or other designated
17 point-of-contact for naturalization.
18 (b) UPON DISCHARGE.—The Secretary of Homeland
19 Security, acting through the Director of U.S. Citizenship
20 and Immigration Services, and in coordination with the
21 Secretary of Defense, shall provide to every former mem-
22 ber of the Armed Forces, upon separation from the Armed
23 Forces, an adequate notice of that former member’s op-
24 tions for naturalization under title III of the Immigration
25 and Nationality Act (8 U.S.C. 1401 et seq.), and shall
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1 inform the former member of existing programs and serv-
2 ices that may aid in the naturalization process. The Sec-
3 retary shall issue along with this notice a copy of each
4 form required for naturalization. When appropriate, the
5 Secretary of Defense shall provide the former member, at
6 no expense to the former member, with the certification
7 described in section 329(b)(3) of such Act (8 U.S.C.
8 1440(b)(3)).
9 SEC. 559K. PILOT PROGRAM ON ACTIVITIES UNDER THE
10 TRANSITION ASSISTANCE PROGRAM FOR A
11 REDUCTION IN SUICIDE AMONG VETERANS.
12 (a) PILOT PROGRAM REQUIRED.—The Secretary of
13 Defense and the Secretary of Veterans Affairs shall jointly
14 carry out a pilot program to assess the feasibility and ad-
15 visability of providing the module described in subsection
16 (b) and the services described in subsection (c) as part
17 of the Transition Assistance Program for members of the
18 Armed Forces participating in the Transition Assistance
19 Program as a means of reducing the incidence of suicide
20 among veterans.
21 (b) MODULE.—The module described in this sub-
22 section is a three-hour module under the Transition As-
23 sistance Program for each member of the Armed Forces
24 participating in the pilot program that includes the fol-
25 lowing:
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1 (1) An in-person meeting between the cohort of
2 the member and a social worker or mental health
3 provider in which the social worker or mental health
4 provider—
5 (A) counsels the cohort on specific poten-
6 tial risks confronting members after discharge
7 or release from the Armed Forces, including
8 loss of community or a support system, isola-
9 tion from family, friends, or society, identity
10 crisis in the transition from military to civilian
11 life, vulnerability viewed as a weakness, need
12 for empathy, self-medication and addiction, im-
13 portance of sleep and exercise, homelessness,
14 and reasons why veterans attempt and complete
15 suicide;
16 (B) in coordination with the Department
17 of Defense InTransition program, counsels
18 members of the cohort who have been diagnosed
19 with physical, psychological, or neurological
20 issues, such as post-traumatic stress disorder,
21 traumatic brain injury, adverse childhood expe-
22 riences, depression, and bipolar disorder, on—
23 (i) the potential risks for such mem-
24 bers from such issues after discharge or
25 release; and
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1 (ii) the resources and treatment op-
2 tions afforded to members for such issues
3 through the Department of Veterans Af-
4 fairs, the Department of Defense, and non-
5 profit organizations;
6 (C) counsels the cohort about the resources
7 afforded to victims of military sexual trauma
8 through the Department of Veterans Affairs;
9 and
10 (D) counsels the cohort about the manner
11 in which members might experience grief during
12 the transition from military to civilian life, and
13 the resources afforded to them for grieving
14 through the Department of Veterans Affairs.
15 (2) In coordination with the Department of
16 Veterans Affairs’ Solid Start program, the provision
17 to each cohort member of contact information for a
18 counseling or other appropriate facility of the De-
19 partment of Veterans Affairs in the locality in which
20 such member intends to reside after discharge or re-
21 lease.
22 (3) The submittal by cohort members to the
23 Department of Veterans Affairs (including both the
24 Veterans Health Administration and the Veterans
25 Benefits Administration) of their medical records in
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1 connection with service in the Armed Forces, wheth-
2 er or not such members intend to file a claim with
3 the Department for benefits with respect to any
4 service-connected disability.
5 (c) SERVICES.—The services described in this sub-
6 section in connection with the Transition Assistance Pro-
7 gram for each member of the Armed Forces participating
8 in the pilot program are the following:
9 (1) Not later than 90 days after the discharge
10 or release of the member from the Armed Forces, a
11 contact of the member by a social worker or behav-
12 ioral health coordinator from the Department of
13 Veterans Affairs to schedule a follow-up appoint-
14 ment with a social worker or behavioral health pro-
15 vider at the facility applicable to the member under
16 subsection (b)(2) to occur not later than 90 days
17 after such contact.
18 (2) During the appointment scheduled pursuant
19 to paragraph (1)—
20 (A) an assessment of the member to deter-
21 mine the experiences of the member with events
22 during service in the Armed Forces that could
23 lead, whether individually or cumulatively, to
24 physical, psychological, or neurological issues,
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1 including issues described in subsection
2 (b)(1)(B); and
3 (B) the development of a medical treat-
4 ment plan for the member, including treatment
5 for issues identified pursuant to the assessment
6 under subparagraph (A).
7 (d) LOCATIONS.—
8 (1) IN GENERAL.—The pilot program shall be
9 carried out at not fewer than 10 Transition Assist-
10 ance Centers of the Department of Defense that
11 serve not fewer than 300 members of the Armed
12 Forces annually that are jointly selected by the Sec-
13 retary of Defense and the Secretary of Veterans Af-
14 fairs for purposes of the pilot program.
15 (2) MEMBERS SERVED.—The centers selected
16 under paragraph (1) shall, to the extent practicable,
17 be centers that, whether individually or in aggregate,
18 serve all the Armed Forces and both the regular and
19 reserve components of the Armed Forces.
20 (e) SELECTION AND COMMENCEMENT.—The Sec-
21 retary of Defense and the Secretary of Veterans Affairs
22 shall jointly select the locations of the pilot program under
23 subsection (d)(1) and commence carrying out activities
24 under the pilot program by not later than 120 days after
25 the date of the enactment of this Act.
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1 (f) DURATION.—
2 (1) IN GENERAL.—The duration of the pilot
3 program shall be five years.
4 (2) CONTINUATION.—If the Secretary of De-
5 fense and the Secretary of Veterans Affairs rec-
6 ommend in the report under subsection (g) that the
7 pilot program be extended beyond the date otherwise
8 provided by paragraph (1), the Secretaries may
9 jointly continue the pilot program for such period
10 beyond such date as the Secretaries jointly consider
11 appropriate.
12 (g) REPORTS.—
13 (1) IN GENERAL.—Not later than one year
14 after the date of the enactment of this Act, and
15 every 180 days thereafter during the duration of the
16 pilot program, the Secretary of Defense and the Sec-
17 retary of Veterans Affairs shall jointly submit to
18 Congress a report on the activities under the pilot
19 program.
20 (2) ELEMENTS.—Each report required by para-
21 graph (1) shall include the following:
22 (A) A description of the members of the
23 Armed Forces who participated in the pilot pro-
24 gram during the 180-day period ending on the
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1 date of such report, broken out by the fol-
2 lowing:
3 (i) Sex.
4 (ii) Branch of the Armed Forces in
5 which served.
6 (iii) Diagnosis of, or other symptoms
7 consistent with, military sexual trauma,
8 post-traumatic stress disorder, traumatic
9 brain injury, depression, or bipolar dis-
10 order in connection with service in the
11 Armed Forces.
12 (B) A description of the activities under
13 the pilot program during such period.
14 (C) An assessment of the benefits of the
15 activities under the pilot program during such
16 period to veterans and family members of vet-
17 erans.
18 (D) An assessment whether the activities
19 under the pilot program as of the date of such
20 report have reduced the incidence of suicide
21 among members who participated in the pilot
22 program within one year of discharge or release
23 from the Armed Forces.
24 (E) Such recommendations as the Sec-
25 retary of Defense and the Secretary of Veterans
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1 Affairs jointly consider appropriate regarding
2 expansion of the pilot program, extension of the
3 pilot program, or both.
4 (h) TRANSITION ASSISTANCE PROGRAM DEFINED.—
5 In this section, the term ‘‘Transition Assistance Program’’
6 means the program of assistance and other transitional
7 services carried out pursuant to section 1144 of title 10,
8 United States Code.
9 SEC. 559L. SPEECH DISORDERS OF CADETS AND MID-
10 SHIPMEN.
11 (a) TESTING.—The Superintendent of a military
12 service academy shall provide testing for speech disorders
13 to incoming cadets or midshipmen under the jurisdiction
14 of that Superintendent.
15 (b) NO EFFECT ON ADMISSION.—The testing under
16 subsection (a) may not have any affect on admission to
17 a military service academy.
18 (c) RESULTS.—The Superintendent shall provide
19 each cadet or midshipman under the jurisdiction of that
20 Superintendent the result of the testing under subsection
21 (a) and a list of warfare unrestricted line officer positions
22 and occupation specialists that require successful perform-
23 ance on the speech test.
24 (d) THERAPY.—The Superintendent shall furnish
25 speech therapy to a cadet or midshipman under the juris-
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1 diction of that Superintendent at the election of the cadet
2 or midshipman.
3 (e) RETAKING.—A cadet or midshipman whose test-
4 ing indicate a speech disorder or impediment may elect
5 to retake the testing once each academic year while en-
6 rolled at the military service academy.
7 SEC. 559M. REQUIREMENT OF INVOLVEMENT OF REP-
8 RESENTATIVES OF MILITARY AND VETERANS’
9 SERVICE ORGANIZATIONS IN THE TRANSI-
10 TION ASSISTANCE PROGRAM OF THE DE-
11 PARTMENT OF DEFENSE.
12 Section 1144 of title 10, United States Code, is
13 amended—
14 (1) in subsection (d)—
15 (A) in the matter preceding paragraph (1),
16 by striking ‘‘may’’;
17 (B) in paragraph (1), by inserting ‘‘may’’
18 before ‘‘provide’’;
19 (C) in paragraph (2), by inserting ‘‘may’’
20 before ‘‘use’’;
21 (D) in paragraph (3), by inserting ‘‘may’’
22 before ‘‘use’’;
23 (E) in paragraph (4)—
24 (i) by inserting ‘‘shall’’ before ‘‘use’’;
25 and
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1 (ii) by inserting ‘‘and accredited serv-
2 ice officers’’ after ‘‘representatives’’;
3 (F) in paragraph (5), by inserting ‘‘may’’
4 before ‘‘enter’’;
5 (G) in paragraph (6), in the matter pre-
6 ceding subparagraph (A), by inserting ‘‘may’’
7 before ‘‘enter’’; and
8 (H) in paragraph (7), by inserting ‘‘may’’
9 before ‘‘take’’; and
10 (2) by adding at the end the following new sub-
11 section:
12 ‘‘(g) DEFINITIONS.—In this section:
13 ‘‘(1) The term ‘veterans’ service organization’
14 means an organization recognized by the Secretary
15 of Veterans Affairs for the representation of vet-
16 erans under section 5902 of title 38.
17 ‘‘(2) The term ‘accredited service officer’ means
18 a representative who has been recommended for ac-
19 creditation by a veterans’ service organization.’’.
20 SEC. 559N. GAO REPORT ON SCREENINGS INCLUDED IN
21 THE HEALTH ASSESSMENT FOR MEMBERS
22 SEPARATING FROM THE ARMED FORCES.
23 Not later than 180 days after the date of the enact-
24 ment of this Act, the Comptroller General of the United
25 States shall submit to the Committees on Armed Services
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1 of the Senate and House of Representatives a report on
2 screenings included in the health assessment administered
3 to members separating from the the Armed Forces. Such
4 report shall include the following elements:
5 (1) A list of screenings are included in such as-
6 sessment.
7 (2) Whether such screenings—
8 (A) are uniform across the Armed Forces;
9 (B) include questions to assess if the mem-
10 ber is at risk for social isolation, homelessness,
11 or substance abuse; and
12 (C) include questions about community.
13 (3) How many such screenings result in referral
14 of a member to—
15 (A) community services;
16 (B) community services other than medical
17 services; and
18 (C) a veterans service organization.
19 (4) An assessment of the effectiveness of refer-
20 rals described in paragraph (3).
21 (5) How organizations, including veterans serv-
22 ice organizations, perform outreach to members in
23 underserved communities.
24 (6) The extent to which organizations described
25 in paragraph (5) perform such outreach.
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1 (7) The effectiveness of outreach described in
2 paragraph (6).
3 (8) The annual amount of Federal funding for
4 services and organizations described in paragraphs
5 (3) and (5).
6 SEC. 559O. PILOT GRANT PROGRAM TO SUPPLEMENT THE
7 TRANSITION ASSISTANCE PROGRAM OF THE
8 DEPARTMENT OF DEFENSE.
9 (a) ESTABLISHMENT.—The Secretary of Defense, in
10 consultation with the Secretary of Veterans Affairs, shall
11 carry out a pilot grant program under which the Secretary
12 of Defense provides enhanced support and funding to eligi-
13 ble entities to supplement TAP to provide job opportuni-
14 ties for industry recognized certifications, job placement
15 assistance, and related employment services directly to
16 covered individuals.
17 (b) SERVICES.—Under the pilot grant program, the
18 Secretary of Defense shall provide grants to eligible enti-
19 ties to provide to covered individuals the following services:
20 (1) Using an industry-validated screening tool,
21 assessments of prior education, work history, and
22 employment aspirations of covered individuals, to
23 tailor appropriate and employment services.
24 (2) Preparation for civilian employment
25 through services like mock interviews and salary ne-
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1 gotiations, training on professional networking plat-
2 forms, and company research.
3 (3) Several industry-specific learning path-
4 ways—
5 (A) with entry-level, mid-level and senior
6 versions;
7 (B) in fields such as project management,
8 cybersecurity, and information technology;
9 (C) in which each covered individual works
10 with an academic advisor to choose a career
11 pathway and navigate coursework during the
12 training process; and
13 (D) in which each covered individual can
14 earn industry-recognized credentials and certifi-
15 cations, at no charge to the covered individual.
16 (4) Job placement services.
17 (c) PROGRAM ORGANIZATION AND IMPLEMENTATION
18 MODEL.—The pilot grant program shall follow existing
19 economic opportunity program models that combine indus-
20 try-recognized certification training, furnished by profes-
21 sionals, with online learning staff.
22 (d) CONSULTATION.—In carrying out the program,
23 the Secretary of Defense shall seek to consult with private
24 entities to assess the best economic opportunity program
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1 models, including existing economic opportunity models
2 furnished through public-private partnerships.
3 (e) ELIGIBILITY.—To be eligible to receive a grant
4 under the pilot grant program, an entity shall—
5 (1) follow a job training and placement model;
6 (2) have rigorous program evaluation practices;
7 (3) have established partnerships with entities
8 (such as employers, governmental agencies, and non-
9 profit entities) to provide services described in sub-
10 section (b);
11 (4) have online training capability to reach
12 rural veterans, reduce costs, and comply with new
13 conditions forced by COVID–19; and
14 (5) have a well-developed practice of program
15 measurement and evaluation that evinces program
16 performance and efficiency, with data that is high
17 quality and shareable with partner entities.
18 (f) COORDINATION WITH FEDERAL ENTITIES.—A
19 grantee shall coordinate with Federal entities, including—
20 (1) the Office of Transition and Economic De-
21 velopment of the Department of Veterans Affairs;
22 and
23 (2) the Office of Veteran Employment and
24 Transition Services of the Department of Labor.
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1 (g) METRICS AND EVALUATION.—Performance out-
2 comes shall be verifiable using a third-party auditing
3 method and include the following:
4 (1) The number of covered individuals who re-
5 ceive and complete skills training.
6 (2) The number of covered individuals who se-
7 cure employment.
8 (3) The retention rate for covered individuals
9 described in paragraph (2).
10 (4) Median salary of covered individuals de-
11 scribed in paragraph (2).
12 (h) SITE LOCATIONS.—The Secretary of Defense
13 shall select five military installations in the United States
14 where existing models are successful.
15 (i) ASSESSMENT OF POSSIBLE EXPANSION.—A
16 grantee shall assess the feasibility of expanding the cur-
17 rent offering of virtual training and career placement serv-
18 ices to members of the reserve components of the Armed
19 Forces and covered individuals outside the United States.
20 (j) DURATION.—The pilot grant program shall termi-
21 nate on September 30, 2025.
22 (k) REPORT.—Not later than 180 days after the ter-
23 mination of the pilot grant program, the Secretary of De-
24 fense shall submit to the congressional defense committees
25 a report that includes—
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1 (1) a description of the pilot grant program, in-
2 cluding a description of specific activities carried out
3 under this section; and
4 (2) the metrics and evaluations used to assess
5 the effectiveness of the pilot grant program.
6 (l) DEFINITIONS.—In this section:
7 (1) The term ‘‘covered individual’’ means—
8 (A) a member of the Armed Forces partici-
9 pating in TAP; or
10 (B) a spouse of a member described in
11 subparagraph (A).
12 (2) The term ‘‘military installation’’ has the
13 meaning given such term in section 2801 of title 10,
14 United States Code.
15 (3) The term ‘‘TAP’’ means the transition as-
16 sistance program of the Department of Defense
17 under sections 1142 and 1144 of title 10, United
18 States Code.
19 Subtitle G—Military Family Readi-
20 ness and Dependents’ Education
21 SEC. 561. ESTABLISHMENT OF EXCEPTIONAL FAMILY MEM-
22 BER PROGRAM ADVISORY COUNCIL.
23 (a) ESTABLISHMENT.—Chapter 7 of title 10, United
24 States Code, is amended by inserting before section 187
25 the following new section 186:
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1 ‘‘§ 186. Exceptional Family Member Program Advi-
2 sory Council
3 ‘‘(a) ESTABLISHMENT.—There is an Exceptional
4 Family Member Program Advisory Council in the Depart-
5 ment of Defense (in this section referred to as the ‘Coun-
6 cil’).
7 ‘‘(b) PURPOSE.—The Council shall provide, to the
8 Secretary and the chiefs of the covered armed forces, rec-
9 ommendations regarding how to improve the Exceptional
10 Family Member Program. The Council shall provide such
11 recommendations not less than once every six months.
12 ‘‘(c) COMPOSITION.—The Council shall be composed
13 of the following:
14 ‘‘(1) One member of each covered armed
15 force—
16 ‘‘(A) serving on active duty;
17 ‘‘(B) who has a dependent—
18 ‘‘(i) enrolled in the Exceptional Fam-
19 ily Member Program; and
20 ‘‘(ii) with an individualized education
21 program; and
22 ‘‘(C) appointed by the Vice Chief of Staff
23 of the covered armed force concerned.
24 ‘‘(2) Two military spouses—
25 ‘‘(A) of members eligible to be appointed
26 under paragraph (1);
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1 ‘‘(B) who are not civilian employees of the
2 Department of Defense;
3 ‘‘(C) one of whom is married to an enlisted
4 member and one of whom is married to an offi-
5 cer; and
6 ‘‘(D) appointed by the Vice Chief of Staff
7 of the covered armed force concerned.
8 ‘‘(3) One adult dependent—
9 ‘‘(A) enrolled in the Exceptional Family
10 Member Program; and
11 ‘‘(B) appointed by the Vice Chief of Staff
12 of the covered armed force concerned.
13 ‘‘(4) One representative of the Exceptional
14 Family Member Program Coalition.
15 ‘‘(5) One member of the Defense Health Agen-
16 cy.
17 ‘‘(6) One member of the Department of De-
18 fense Education Activity.
19 ‘‘(7) One member of the Office of Special
20 Needs.
21 ‘‘(d) APPOINTMENTS.—In making appointments
22 under subsection (c), the Vice Chief of Staff of the covered
23 armed force concerned shall seek to represent the diversity
24 of the disability community.
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1 ‘‘(e) TERMS.—Each member of the Council shall
2 serve a term of two years, except one of the original mem-
3 bers appointed under subsection (c)(2), selected by the
4 Secretary of Defense at the time of appointment, one shall
5 be appointed for a term of three years.
6 ‘‘(f) MEETINGS.—The Council shall meet at least
7 once every calendar quarter, in person or by teleconfer-
8 ence.
9 ‘‘(g) COVERED ARMED FORCE DEFINED.—In this
10 section, the term ‘covered armed force’ means an armed
11 force under the jurisdiction of the Secretary of a military
12 department.’’.
13 (b) TECHNICAL AND CONFORMING AMENDMENTS.—
14 (1) TABLE OF SECTIONS.—The table of sections
15 at the beginning of such chapter is amended by in-
16 serting before the item relating to section 187 the
17 following new item:
‘‘186. Exceptional Family Member Program Advisory Council.’’.
18 (2) TERMINATION OF ADVISORY PANEL ON
19 COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH
20 SPECIAL NEEDS.—Section 563 of the National De-
21 fense Authorization Act for Fiscal Year 2010 (Pub-
22 lic Law 111–84; 10 U.S.C. 1781c note) is amended
23 by striking subsection (d).
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1 SEC. 562. NON-MEDICAL COUNSELING SERVICES FOR MILI-
2 TARY FAMILIES.
3 Section 1781 of title 10, United States Code, is
4 amended by adding at the end the following new sub-
5 section:
6 ‘‘(d) NON-MEDICAL COUNSELING SERVICES.—(1) In
7 carrying out its duties under subsection (b), the Office
8 may coordinate programs and activities for the provision
9 of non-medical counseling services to military families
10 through the Department of Defense Family Readiness
11 System.
12 ‘‘(2) Notwithstanding any other provision of law, a
13 mental health care provider described in paragraph (3)
14 may provide non-medical counseling services at any loca-
15 tion in a State, the District of Columbia, or a territory
16 or possession of the United States, without regard to
17 where the provider or recipient of such services is located,
18 if the provision of such services is within the scope of the
19 authorized Federal duties of the provider.
20 ‘‘(3) A mental health care provider described in this
21 subsection is a person who is—
22 ‘‘(A) a currently licensed mental health care
23 provider who holds a license that is—
24 ‘‘(i) issued by a State, the District of Co-
25 lumbia, or a territory or possession of the
26 United States; and
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1 ‘‘(ii) recognized by the Secretary of De-
2 fense;
3 ‘‘(B) a member of the armed forces, a civilian
4 employee of the Department of Defense, or a con-
5 tractor designated by the Secretary; and
6 ‘‘(C) performing authorized duties for the De-
7 partment of Defense under a program or activity re-
8 ferred to in paragraph (1).
9 ‘‘(4) In this subsection, the term ‘non-medical coun-
10 seling services’ means mental health care services that are
11 non-clinical, short-term and solution focused, and address
12 topics related to personal growth, development, and posi-
13 tive functioning.’’.
14 SEC. 563. EXPANSION OF SUPPORT PROGRAMS FOR SPE-
15 CIAL OPERATIONS FORCES PERSONNEL AND
16 IMMEDIATE FAMILY MEMBERS.
17 (a) IN GENERAL.—Section 1788a(e) of title 10,
18 United States Code, is amended—
19 (1) in paragraph (4), by striking ‘‘covered per-
20 sonnel’’ and inserting ‘‘covered individuals’’; and
21 (2) in paragraph (5)—
22 (A) by striking ‘‘covered personnel’’ and
23 inserting ‘‘covered individuals’’;
24 (B) in subparagraph (B), by striking
25 ‘‘and’’ at the end;
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1 (C) in subparagraph (C), by striking the
2 period at the end and inserting ‘‘; and’’; and
3 (D) by adding at the end the following new
4 subparagraph:
5 ‘‘(D) immediate family members of individ-
6 uals described in subparagraphs (A) or (B) in
7 a case in which such individual died—
8 ‘‘(i) as a direct result of armed con-
9 flict;
10 ‘‘(ii) while engaged in hazardous serv-
11 ice;
12 ‘‘(iii) in the performance of duty
13 under conditions simulating war; or
14 ‘‘(iv) through an instrumentality of
15 war.’’.
16 SEC. 564. CLARIFICATION OF QUALIFICATIONS FOR ATTOR-
17 NEYS WHO PROVIDE LEGAL SERVICES TO
18 FAMILIES ENROLLED IN THE EXCEPTIONAL
19 FAMILY MEMBER PROGRAM.
20 Section 582(b)(7) of the William M. (Mac) Thorn-
21 berry National Defense Authorization Act for Fiscal Year
22 2021 (Public Law 116–283) is amended, in the matter
23 preceding subparagraph (A), by striking ‘‘in education
24 law’’ and inserting ‘‘and with experience in the practice
25 of education law in the State in which the military installa-
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1 tion is located (and any other State or States in which
2 a significant portion of the personnel assigned to such
3 military installation reside)’’.
4 SEC. 565. IMPROVEMENTS TO THE EXCEPTIONAL FAMILY
5 MEMBER PROGRAM.
6 (a) VERIFICATION OF SUITABILITY OF HOUSING AND
7 EDUCATIONAL INSTITUTIONS.—Section 582(c)(2) of the
8 William M. (Mac) Thornberry National Defense Author-
9 ization Act for Fiscal Year 2021 (Public Law 116–283)
10 is amended by inserting ‘‘, and to verify that housing and
11 at least one school near such military installation is suit-
12 able for the dependent with special needs of such covered
13 member’’ before the period at the end.
14 (b) EXPANSION OF ADVISORY PANEL ON COMMU-
15 NITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL
16 NEEDS.—Section 563(d)(2) of the National Defense Au-
17 thorization Act for Fiscal Year 2010 (Public Law 111–
18 84; 10 U.S.C. 1781c note) is amended—
19 (1) by striking ‘‘seven’’ and inserting ‘‘nine’’;
20 (2) by inserting ‘‘, appointed by the Secretary
21 of Defense,’’ after ‘‘individuals’’;
22 (3) by inserting ‘‘each’’ before ‘‘a member’’;
23 (4) by striking the second sentence; and
24 (5) by adding ‘‘One such individual shall be the
25 spouse of an enlisted member and one such indi-
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1 vidual shall be the spouse of an officer in a grade
2 below O-6.’’ at the end.
3 (c) RELOCATION.—The Secretary of the military de-
4 partment concerned shall, if such Secretary determines it
5 feasible, permit a covered member who receives permanent
6 change of station orders to elect, not later than 14 days
7 after such receipt, from at least two locations that provide
8 support for the dependent of such covered member with
9 a special need.
10 (d) SCANNING OF DD FORM 2792.—The Secretary
11 of a military department shall require that a DD Form
12 2792 completed by a covered member is scanned and
13 uploaded to the electronic health record of the dependent
14 described in such DD Form 2792.
15 (e) COVERED MEMBER DEFINED.—In this section,
16 the term ‘‘covered member’’ means a member of an Armed
17 Force—
18 (1) under the jurisdiction of the Secretary of a
19 military department; and
20 (2) with a dependent with a special need.
21 SEC. 566. PORTABILITY OF PROFESSIONAL LICENSES OF
22 MEMBERS OF THE UNIFORMED SERVICES
23 AND THEIR SPOUSES.
24 (a) IN GENERAL.—Title VII of the Servicemembers
25 Civil Relief Act (50 U.S.C. 4021 et seq.) is amended by
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1 inserting after section 705 (50 U.S.C. 4025) the following
2 new section:
3 ‘‘SEC. 705A. PORTABILITY OF PROFESSIONAL LICENSES OF
4 SERVICEMEMBERS AND THEIR SPOUSES.
5 ‘‘(a) IN GENERAL.—In any case in which a service-
6 member has a professional license in good standing in a
7 jurisdiction or the spouse of a servicemember has a profes-
8 sional license in good standing in a jurisdiction and such
9 servicemember or spouse relocates his or her residency be-
10 cause of military orders for military service to a location
11 that is not in such jurisdiction, the professional license or
12 certification of such servicemember or spouse shall be con-
13 sidered valid at a similar scope of practice and in the dis-
14 cipline applied for in the jurisdiction of such new residency
15 for the duration of such military orders if such service-
16 member or spouse—
17 ‘‘(1) provides a copy of such military orders to
18 the licensing authority in the jurisdiction in which
19 the new residency is located;
20 ‘‘(2) remains in good standing with the licens-
21 ing authority that issued the license; and
22 ‘‘(3) submits to the authority of the licensing
23 authority in the new jurisdiction for the purposes of
24 standards of practice, discipline, and fulfillment of
25 any continuing education requirements.
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1 ‘‘(b) INTERSTATE LICENSURE COMPACTS.—If a serv-
2 icemember or spouse of a servicemember is licensed and
3 able to operate in multiple jurisdictions through an inter-
4 state licensure compact, with respect to services provided
5 in the jurisdiction of the interstate licensure compact by
6 a licensee covered by such compact, the servicemember or
7 spouse of a servicemember shall be subject to the require-
8 ments of the compact or the applicable provisions of law
9 of the applicable State and not this section.’’.
10 (b) CLERICAL AMENDMENT.—The table of contents
11 in section 1(b) of such Act is amended by inserting after
12 the item relating to section 705 the following new item:
‘‘Sec. 705A. Portability of professional licenses of servicemembers and their
spouses.’’.
13 SEC. 567. DATABASE OF NEXT OF KIN OF DECEASED MEM-
14 BERS OF THE ARMED FORCES.
15 Not later than 180 days after the date of the enact-
16 ment of this Act, the Secretary of Defense shall prescribe
17 regulations that establish and maintain a database of the
18 Department of Defense that contains up-to-date contact
19 information for the next of kin of members of the Armed
20 Forces under the jurisdiction of the Secretaries of the
21 military departments. Such regulations shall ensure
22 that—
23 (1) a commander in a grade higher than O-5
24 may access the contact information for the next of
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1 kin of a member who died while a member of the
2 unit under the command of such commander, re-
3 gardless of whether such member served under such
4 commander; and
5 (2) an individual named in such database
6 may—
7 (A) elect to not be contacted by an officer
8 described in paragraph (1); and
9 (B) change such election at any time.
10 SEC. 568. POLICY REGARDING REMOTE MILITARY INSTAL-
11 LATIONS.
12 (a) POLICY.—Not later than April 1, 2022, the Sec-
13 retary of Defense, in consultation with the Secretaries of
14 the military departments, shall develop a uniform policy
15 for how to—
16 (1) identify remote military installations; and
17 (2) assess and manage challenges associated
18 with remote military installations.
19 (b) ELEMENTS.—The policy under subsection (a)
20 shall address the following:
21 (1) Activities and facilities for the morale, wel-
22 fare, and recreation of members of the Armed
23 Forces.
24 (2) Availability of housing, located on and off
25 remote military installations.
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1 (3) Educational services for dependents of
2 members of the Armed Forces, located on and off
3 remote military installations.
4 (4) Availability of health care.
5 (5) Employment opportunities for military
6 spouses.
7 (6) Risks associated with having insufficient
8 support services for members of the Armed Forces
9 and their dependents.
10 (c) REPORT.—Not later than July 1, 2022, the Sec-
11 retary of Defense shall submit to the Committees on
12 Armed Services of the Senate and the House of Represent-
13 atives a report setting forth—
14 (1) the policy under this section; and
15 (2) an implementation plan for the policy.
16 (d) MILITARY INSTALLATION DEFINED.—In this sec-
17 tion, the term ‘‘military installation’’ has the meaning
18 given that term in section 2801 of title 10, United States
19 Code.
20 SEC. 569. FEASIBILITY STUDY ON PROGRAM FOR DROP-IN
21 CHILD CARE FURNISHED TO CERTAIN MILI-
22 TARY SPOUSES AT MILITARY CHILD DEVEL-
23 OPMENT CENTERS.
24 (a) AUTHORIZATION.—Not later than 180 days after
25 the date of the enactment of this Act, the Secretary of
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1 Defense shall conduct a feasibility study on the establish-
2 ment of a program under which the military spouse of a
3 covered member may leave a covered child with a child
4 care employee—
5 (1) at the military child development center of
6 the military installation that is the permanent duty
7 station of such covered member;
8 (2) during the normal hours of operation of the
9 military child development center at which such
10 child care employee is employed; and
11 (3) for not more than two hours per week.
12 (b) REPORT.—Not later than September 30, 2022,
13 the Secretary shall submit to the Committees on Armed
14 Services of the Senate and House of Representatives a re-
15 port regarding the results of the study under subsection
16 (a).
17 (c) DEFINITIONS.—In this section:
18 (1) The terms ‘‘child care employee’’ and ‘‘mili-
19 tary child development center’’ have the meanings
20 given such terms in section 1800 of title 10, United
21 States Code.
22 (2) The term ‘‘covered child’’ means the de-
23 pendent child of a covered member—
24 (A) younger than seven years of age; and
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1 (B) who does not regularly receive child
2 care services at a military child development
3 center.
4 (3) The term ‘‘covered member’’ means a mem-
5 ber of the Armed Forces performing active duty for
6 a period of more than 30 days at a location other
7 than the permanent duty station of such member.
8 SEC. 569A. COMPTROLLER GENERAL OF THE UNITED
9 STATES REPORTS ON EMPLOYMENT DIS-
10 CRIMINATION AGAINST MILITARY SPOUSES
11 BY CIVILIAN EMPLOYERS.
12 Not later than 180 days after the date of the enact-
13 ment of this Act, and 180 days thereafter, the Comptroller
14 General of the United States shall submit to the congres-
15 sional defense committees a report on employment dis-
16 crimination against military spouses by civilian employers,
17 including on the basis of military spouse status. Such re-
18 port shall include an assessment of the following:
19 (1) The feasibility of policy solutions to prevent
20 such discrimination, including—
21 (A) by amending the Uniformed Services
22 Employment and Reemployment Rights Act of
23 1994 (Public Law 103–353) to ensure that
24 military spouses are covered under such Act;
25 and
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1 (B) by including military spouses as a pro-
2 tected class for the purpose of laws relating to
3 employment discrimination.
4 (2) Potential differential effects of such dis-
5 crimination across race and gender, to determine if
6 military spouses who are people of color are subject
7 to intersectional discrimination.
8 SEC. 569B. REPORT ON EFFORTS OF COMMANDERS OF
9 MILITARY INSTALLATIONS TO CONNECT
10 MILITARY FAMILIES WITH LOCAL ENTITIES
11 THAT PROVIDE SERVICES TO MILITARY FAMI-
12 LIES.
13 Not later than 120 days after the date of the enact-
14 ment of this Act, the Secretary of Defense shall submit
15 to the Committees on Armed Services of the Senate and
16 House of Representatives a report on how and the extent
17 to which commanders of military installations connect
18 military families with local nonprofit and government enti-
19 ties that provide services to military families, including as-
20 sistance with housing.
21 SEC. 569C. REPORT ON PRESERVATION OF THE FORCE AND
22 FAMILY PROGRAM OF UNITED STATES SPE-
23 CIAL OPERATIONS COMMAND.
24 (a) REPORT REQUIRED.—Not later than 180 days
25 after the date of the enactment of this Act, the Com-
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1 mander of United States Special Operations Command
2 shall submit to the congressional defense committees a re-
3 port on POTFF.
4 (b) ELEMENTS.—The report under this section shall
5 include the following:
6 (1) An assessment of the human performance
7 domain of current programs and activities, includ-
8 ing—
9 (A) physical conditioning;
10 (B) exercise physiology;
11 (C) kinesiology;
12 (D) nutrition guidance;
13 (E) rehabilitative support (including phys-
14 ical therapy); and
15 (F) mental skills training (including sports
16 psychology).
17 (2) A description of efforts of the Commander
18 to assess the unique needs of members of special op-
19 erations forces, including women and minorities.
20 (3) An assessment of the effectiveness of
21 POTFF in addressing such unique needs.
22 (4) Plans of the Commander to improve
23 POTFF to better address such unique needs.
24 (c) DEFINITIONS.—In this section:
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1 (1) The term ‘‘POTFF’’ means the Preserva-
2 tion of the Force and Family Program of United
3 States Special Operations Command under section
4 1788a of title 10, United States Code.
5 (2) The term ‘‘special operations forces’’ means
6 the forces described in section 167(j) of title 10,
7 United States Code.
8 SEC. 569D. GAO REVIEW OF PRESERVATION OF THE FORCE
9 AND FAMILY PROGRAM OF UNITED STATES
10 SPECIAL OPERATIONS COMMAND.
11 (a) REVIEW.—Not later than April 1, 2022, the
12 Comptroller General of the United States shall conduct
13 a review of POTFF and submit to the appropriate com-
14 mittees a report containing the results of such review.
15 (b) ELEMENTS.—The report under this section shall
16 include the following:
17 (1) An assessment of the sufficiency of the
18 human performance domain of current programs
19 and activities of POTFF.
20 (2) A description of efforts of the Commander
21 of United States Special Operations Command to as-
22 sess the unique needs of members of special oper-
23 ations forces, including women and minorities.
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1 (3) A description of plans of the Commander to
2 improve POTFF to better address the unique needs
3 of members of special operations forces.
4 (4) Changes in costs to the United States to op-
5 erate POTFF since implementation.
6 (5) Rates of participation in POTFF, includ-
7 ing—
8 (A) the number of individuals who partici-
9 pate;
10 (B) frequency of use by such individuals;
11 and
12 (C) geographic locations where such indi-
13 viduals participate.
14 (6) Methods by which data on POTFF is col-
15 lected and analyzed.
16 (7) Outcomes used to determine the effects of
17 POTFF on members of special operations forces and
18 their immediate family members, including a de-
19 scription of the effectiveness of POTFF in address-
20 ing unique needs of such individuals.
21 (c) BRIEFING.—Not later than January 31, 2022,
22 the Comptroller General shall provide to the appropriate
23 committees a briefing on the preliminary findings of the
24 Comptroller General under the review under this section.
25 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘appropriate committees’’ means
2 the Committees on Armed Services of the Senate
3 and House of Representatives.
4 (2) The term ‘‘POTFF’’ means the Preserva-
5 tion of the Force and Family Program of United
6 States Special Operations Command under section
7 1788a of title 10, United States Code.
8 (3) The term ‘‘special operations forces’’ means
9 the forces described in section 167(j) of title 10,
10 United States Code.
11 SEC. 569E. CONTINUED ASSISTANCE TO SCHOOLS WITH
12 SIGNIFICANT NUMBERS OF MILITARY DE-
13 PENDENT STUDENTS.
14 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT
15 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the
16 amount authorized to be appropriated for fiscal year 2022
17 in division D of this Act and available for operation and
18 maintenance for Defense-wide activities as specified in the
19 funding table in section 4301 of this Act, $50,000,000
20 shall be available only for the purpose of providing assist-
21 ance to local educational agencies under subsection (a) of
22 section 572 of the National Defense Authorization Act for
23 Fiscal Year 2006 (Public Law 109–163; 20 U.S.C.
24 7703b).
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1 (b) IMPACT AID FOR CHILDREN WITH SEVERE DIS-
2 ABILITIES.—
3 (1) IN GENERAL.—Of the amount authorized to
4 be appropriated for fiscal year 2022 in division D of
5 this Act and available for operation and maintenance
6 for Defense-wide activities as specified in the fund-
7 ing table in section 4301 of this Act, $20,000,000
8 shall be available for payments under section 363 of
9 the Floyd D. Spence National Defense Authorization
10 Act for Fiscal Year 2001 (Public Law 106–398; 20
11 U.S.C. 7703a).
12 (2) ALLOCATION FOR HIGH CONCENTRATION
13 SCHOOLS.—Of the amount made available under
14 paragraph (1), $10,000,000 shall be available for
15 use by the Secretary of Defense to make payments
16 to local educational agencies determined by the Sec-
17 retary to have higher concentrations of military chil-
18 dren with severe disabilities.
19 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In
20 this section, the term ‘‘local educational agency’’ has the
21 meaning given that term in section 7013(9) of the Ele-
22 mentary and Secondary Education Act of 1965 (20 U.S.C.
23 7713(9)).
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1 SEC. 569F. VERIFICATION OF REPORTING OF ELIGIBLE
2 FEDERALLY CONNECTED CHILDREN FOR
3 PURPOSES OF FEDERAL IMPACT AID PRO-
4 GRAMS.
5 (a) CERTIFICATION.—On an annual basis, each com-
6 mander of a military installation under the jurisdiction of
7 the Secretary of a military department shall submit to
8 such Secretary a written certification verifying whether
9 the commander has confirmed the information contained
10 in all impact aid source check forms received from local
11 educational agencies as of the date of such certification.
12 (b) REPORT.—Not later June 30 of each year, each
13 Secretary of a military department shall submit to the
14 congressional defense committees a report, based on the
15 information received under subsection (a), that identi-
16 fies—
17 (1) each military installation under the jurisdic-
18 tion of such Secretary that has confirmed the infor-
19 mation contained in all impact aid source check
20 forms received from local educational agencies as of
21 the date of the report; and
22 (2) each military installation that has not con-
23 firmed the information contained in such forms as of
24 such date.
25 (c) DEFINITIONS.—In this section:
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1 (1) Term ‘‘congressional defense committees’’
2 has the meaning given that term in section
3 101(a)(16) of title 10, United States Code.
4 (2) The term ‘‘impact aid source check form’’
5 means a form submitted to a military installation by
6 a local educational agency to confirm the number
7 and identity of children eligible to be counted for
8 purposes of the Federal impact aid program under
9 section 7003(a) of the Elementary and Secondary
10 Education Act of 1965 (20 U.S.C. 7703(a)).
11 (3) The term ‘‘local educational agency’’ has
12 the meaning given that term in section 8101 of the
13 Elementary and Secondary Education Act of 1965
14 (20 U.S.C. 7801).
15 SEC. 569G. PILOT TRANSITION ASSISTANCE PROGRAM FOR
16 MILITARY SPOUSES.
17 (a) ESTABLISHMENT.—Not later than 180 days after
18 the date of the enactment of this Act, the Secretary of
19 Defense shall establish a pilot transition assistance pro-
20 gram for covered individuals (in this section referred to
21 as the ‘‘pilot program’’).
22 (b) SERVICES.—The Secretary of Defense shall pro-
23 vide to a covered individual, who elects to participate in
24 the pilot program, services similar to those available under
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1 TAP to members of the Armed Forces, including the fol-
2 lowing:
3 (1) Assessments of prior education, work his-
4 tory, and employment aspirations of covered individ-
5 uals, to tailor appropriate employment services.
6 (2) Preparation for employment through serv-
7 ices like mock interviews and salary negotiations,
8 training on professional networking platforms, and
9 company research.
10 (3) Job placement services.
11 (4) Services offering guidance on available
12 health care resources, mental health resources, and
13 financial assistance resources.
14 (5) Training in mental health first aid to learn
15 how to assist someone experiencing a mental health
16 or substance use-related crisis.
17 (c) LOCATIONS.—The Secretary shall carry out the
18 pilot program at 12 military installations located in the
19 United States.
20 (d) DURATION.—The pilot program shall terminate
21 five years after enactment.
22 (e) REPORT.—Not later than two years after the date
23 of the enactment of this Act, the Secretary shall submit
24 to the Committees on Armed Services of the and House
25 of Representatives a report that includes—
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1 (1) a description of the pilot program, including
2 a description of specific activities carried out under
3 this section; and
4 (2) the metrics and evaluations used to assess
5 the effectiveness of the pilot program.
6 (f) DEFINITIONS.—In this section:
7 (1) The term ‘‘covered individual’’ means a
8 spouse of a member of the Armed Forces eligible for
9 TAP.
10 (2) The term ‘‘military installation’’ has the
11 meaning given such term in section 2801 of title 10,
12 United States Code.
13 (3) The term ‘‘TAP’’ means the Transition As-
14 sistance Program under sections 1142 and 1144 of
15 title 10, United States Code.
16 SEC. 569H. IMPLEMENTATION OF GAO RECOMMENDATIONS
17 ON IMPROVED COMMUNICATION OF BEST
18 PRACTICES TO ENGAGE MILITARY SPOUSES
19 WITH CAREER ASSISTANCE RESOURCES.
20 (a) PLAN REQUIRED.—
21 (1) IN GENERAL.—The Secretary of Defense
22 shall develop a plan to address recommendation #2,
23 regarding strategies for sharing information on out-
24 reach to military spouses, in the report of the Gov-
25 ernment Accountability Office titled ‘‘Military
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1 Spouse Employment: DOD Should Continue Assess-
2 ing State Licensing Practices and Increase Aware-
3 ness of Resources’’ (GAO–21–193).
4 (2) ELEMENTS.—The plan required under
5 paragraph (1) shall include—
6 (A) a summary of actions that have been
7 taken to implement the recommendation;
8 (B) a summary of actions that will be
9 taken to implement the recommendation, in-
10 cluding how the Secretary plans to—
11 (i) engage military services and instal-
12 lations, members of the Spouse Ambas-
13 sador Network, and other local stake-
14 holders to obtain information on the out-
15 reach approaches and best practices used
16 by military installations and stakeholders;
17 (ii) overcome factors that may limit
18 use of best practices;
19 (iii) disseminate best practices to rel-
20 evant stakeholders; and
21 (iv) identify ways to and better coordi-
22 nate with the Secretaries of Veterans Af-
23 fairs, Labor, and Housing and Urban De-
24 velopment; and
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1 (C) a schedule, with specific milestones, for
2 completing implementation of the recommenda-
3 tion.
4 (b) DEADLINE FOR IMPLEMENTATION.—Except as
5 provided in paragraph (2), not later than 18 months after
6 the date of the enactment of this Act, the Secretary of
7 Defense shall carry out activities to implement the plan
8 developed under subsection (a).
9 Subtitle H—Diversity and
10 Inclusion
11 SEC. 571. INFORMATION ON FEMALE AND MINORITY PAR-
12 TICIPATION IN MILITARY SERVICE ACAD-
13 EMIES AND THE SENIOR RESERVE OFFICERS’
14 TRAINING CORPS.
15 Section 113 of title 10, United States Code, is
16 amended—
17 (1) in subsection (c)(2), by inserting before the
18 semicolon the following: ‘‘, including the status of di-
19 versity and inclusion in the military service acad-
20 emies, the Federal Officer Candidate and Training
21 Schools, and the Senior Reserve Officers’ Training
22 Corps programs of such department’’;
23 (2) in subsection (l)(2)—
24 (A) in subparagraph (D), by inserting
25 ‘‘(including through the military service acad-
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1 emies, the Federal Officer Candidate and
2 Training Schools, and the Senior Reserve Offi-
3 cers’ Training Corps)’’ after ‘‘into the armed
4 forces’’; and
5 (B) in subparagraph (E), by inserting ‘‘,
6 attendance at military service academies, the
7 Federal Officer Candidate and Training
8 Schools, and enrollment in the Senior Reserve
9 Officers’ Training Corps that’’ before ‘‘is rep-
10 resentative’’; and
11 (3) in subsection (m)—
12 (A) by redesignating paragraphs (5)
13 through (7) as paragraphs (7) through (9), re-
14 spectively; and
15 (B) by inserting after paragraph (4) the
16 following:
17 ‘‘(5) The number of cadets and midshipmen
18 from the Federal Officer Candidate and Training
19 Schools and the Senior Reserve Officers’ Training
20 Corps of each armed force who are expected to be
21 commissioned into the armed forces during the fiscal
22 year covered by such report, disaggregated by gen-
23 der, race, and ethnicity.
24 ‘‘(6) Plans to increase the number of minority
25 cadets and midshipmen at the military service acad-
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1 emies and members of the Senior Reserve Officer’s
2 Training Corps.’’.
3 SEC. 572. SURVEYS ON DIVERSITY, EQUITY, AND INCLUSION
4 AND ANNUAL REPORTS ON SEXUAL AS-
5 SAULTS AND RACIAL AND ETHNIC DEMO-
6 GRAPHICS IN THE MILITARY JUSTICE SYS-
7 TEM.
8 (a) MODIFICATION OF CONTENT OF CERTAIN SUR-
9 VEYS.—
10 (1) ARMED FORCES SURVEYS.—Section 481 of
11 title 10, United States Code, is amended—
12 (A) in subsection (a)—
13 (i) in paragraph (1) by striking the
14 second sentence;
15 (ii) in paragraph (3) by striking
16 ‘‘Equal Opportunity’’ and inserting ‘‘Di-
17 versity, Equity, and Inclusion’’;
18 (B) in subsection (b)—
19 (i) in the subsection heading, by strik-
20 ing ‘‘EQUAL OPPORTUNITY’’ and inserting
21 ‘‘DIVERSITY, EQUITY, AND INCLUSION’’;
22 (ii) in the matter preceding paragraph
23 (1), by striking ‘‘Equal Opportunity’’ and
24 inserting ‘‘Diversity, Equity, and Inclu-
25 sion’’; and
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1 (iii) by adding at the end the fol-
2 lowing new paragraphs:
3 ‘‘(4) Identifying and assessing the extent of ac-
4 tivity among such members that may be seen as
5 ‘hate group’ activity.
6 ‘‘(5) Whether respondents have, in the pre-
7 ceding year—
8 ‘‘(A) experienced or witnessed extremist,
9 racist, anti-Semitic, islamophobic, or suprema-
10 cist activity in the workplace; or
11 ‘‘(B) reported such activity.’’;
12 (C) in subsection (c)—
13 (i) by redesignating paragraph (5) as
14 paragraph (6); and
15 (ii) by inserting after paragraph (4)
16 the following new paragraph:
17 ‘‘(5) Identifying and assessing the extent of ac-
18 tivity among such members that may be seen as
19 ‘hate group’ activity.’’;
20 (D) by redesignating subsection (f) as sub-
21 section (g); and
22 (E) by inserting after subsection (e) the
23 following new subsection:
24 ‘‘(f) PUBLICATION.—The Secretary of Defense
25 shall—
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1 ‘‘(1) publish on an appropriate publicly avail-
2 able website of the Department of Defense the re-
3 ports required by subsection (e); and
4 ‘‘(2) ensure that any data included with each
5 such report is made available in a machine-readable
6 format that is downloadable, searchable, and sort-
7 able.’’.
8 (2) CIVILIAN EMPLOYEE SURVEYS.—Section
9 481a of title 10, United States Code, is amended—
10 (A) in subsection (b)—
11 (i) by redesignating paragraph (5) as
12 paragraph (7); and
13 (ii) by inserting after paragraph (4)
14 the following new paragraphs:
15 ‘‘(5) Identifying and assessing the extent (if
16 any) of activity among such employees that may be
17 seen as so-called ‘hate group’ activity.
18 ‘‘(6) Whether respondents have, in the pre-
19 ceding year—
20 ‘‘(A) experienced or witnessed extremist,
21 racist, anti-Semitic, islamophobic, or suprema-
22 cist activity in the workplace; or
23 ‘‘(B) reported such activity.’’; and
24 (B) by adding at the end the following new
25 subsection:
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1 ‘‘(e) PUBLICATION.—The Secretary of Defense
2 shall—
3 ‘‘(1) publish on an appropriate publicly avail-
4 able website of the Department of Defense the re-
5 ports required by subsection (c); and
6 ‘‘(2) ensure that any data included with each
7 such report is made available in a machine-readable
8 format that is downloadable, searchable, and sort-
9 able.’’.
10 (3) PREVALENCE OF OFFENSES UNDER THE
11 UNIFORM CODE OF MILITARY JUSTICE.—Section
12 481(b) of title 10, United States Code, as amended
13 by paragraph (1) of this subsection, is further
14 amended by adding at the end the following new
15 paragraphs:
16 ‘‘(6) An estimate of the total number of of-
17 fenses committed under each punitive article under
18 chapter 47 of this title (the Uniform Code of Mili-
19 tary Justice) over the period covered by the survey.
20 ‘‘(7) For each category of offense identified
21 under paragraph (6)—
22 ‘‘(A) an estimate of the racial, ethnic, gen-
23 der, age, and rank demographics of principals;
24 and
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1 ‘‘(B) an estimate of the racial, ethnic, gen-
2 der, age, and rank demographics of victims.’’.
3 (4) CONFORMING REPEAL.—Section 593 of the
4 National Defense Authorization Act for Fiscal Year
5 2020 (Public Law 116–92; 133 Stat. 1415; 10
6 U.S.C. 480 note prec.) is repealed.
7 (5) EFFECTIVE DATE.—
8 (A) The amendments made by paragraphs
9 (1) and (2) shall take effect on the day after
10 the date of the enactment of this Act.
11 (B) The amendments made by paragraph
12 (3) shall take effect on January 1, 2023.
13 (b) ANNUAL REPORTS ON RACIAL AND ETHNIC DE-
14 MOGRAPHICS IN THE MILITARY JUSTICE SYSTEM.—
15 (1) IN GENERAL.—Chapter 23 of title 10,
16 United States Code, is amended by inserting after
17 section 485 the following new section:
18 ‘‘§ 486. Annual reports on racial and ethnic demo-
19 graphics in the military justice system
20 ‘‘(a) IN GENERAL.—Not later than March 1 of each
21 year, the Secretary of each military department shall sub-
22 mit to the Secretary of Defense a report on racial, ethnic,
23 and gender demographics in the military justice system
24 during the preceding year. In the case of the Secretary
25 of the Navy, separate reports shall be prepared for the
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1 Navy and for the Marine Corps. In the case of the Sec-
2 retary of the Air Force, separate reports shall be prepared
3 for the Air Force and for the Space Force.
4 ‘‘(b) CONTENTS.—The report of a Secretary of a
5 military department for an armed force under subsection
6 (a) shall contain the following:
7 ‘‘(1) Statistics on offenses under chapter 47 of
8 this title (the Uniform Code of Military Justice) dur-
9 ing the year covered by the report, including:
10 ‘‘(A) an estimate based on survey data
11 from the armed forces Workplace and Diversity,
12 Equity, and Inclusion Surveys of the number of
13 offenses committed by members of the armed
14 force, disaggregated by—
15 ‘‘(i) statistical category as related to
16 the victim; and
17 ‘‘(ii) statistical category as related to
18 the principal;
19 ‘‘(B) the number of offenses in the armed
20 force that were reported to military officials,
21 disaggregated by—
22 ‘‘(i) statistical category as related to
23 the victim; and
24 ‘‘(ii) statistical category as related to
25 the principal;
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1 ‘‘(C) the number of offenses in the armed
2 force that were investigated, disaggregated by
3 statistical category as related to the principal;
4 ‘‘(D) the number of offenses in which the
5 evidence supported possible action by the De-
6 partment, disaggregated by statistical category
7 as related to the principal;
8 ‘‘(E) the number of offenses in which ad-
9 ministrative action was imposed, disaggregated
10 by statistical category as related to the prin-
11 cipal and each type of administrative action im-
12 posed;
13 ‘‘(F) the number of offenses in which non-
14 judicial punishment was imposed under section
15 815 of this title (article 15 of the Uniform Code
16 of Military Justice), disaggregated by statistical
17 category as related to the principal;
18 ‘‘(G) the number of offenses in which
19 charges were preferred, disaggregated by statis-
20 tical category as related to the principal;
21 ‘‘(H) the number of offenses in which
22 charges were referred to court-martial,
23 disaggregated by statistical category as related
24 to the principal and type of court-martial;
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1 ‘‘(I) the number of offenses which resulted
2 in conviction at court-martial, disaggregated by
3 statistical category as related to the principal
4 and type of court-martial; and
5 ‘‘(J) the number of offenses which resulted
6 in acquittal at court-martial, disaggregated by
7 statistical category as related to the principal
8 and type of court-martial.
9 ‘‘(2) An analysis of any disparities among race,
10 gender, and ethnicity in the incidence, reporting, dis-
11 position, and prosecution of offenses by units, com-
12 mands, and installations during the year covered by
13 the report, including trends relating to—
14 ‘‘(A) the prosecution of offenses; and
15 ‘‘(B) the prevalence of offenses, set forth
16 separately for—
17 ‘‘(i) each installation with 5,000 or
18 more servicemembers;
19 ‘‘(ii) the major career fields of any in-
20 dividuals involved in such incidents, includ-
21 ing the fields of combat arms, aviation, lo-
22 gistics, maintenance, administration, and
23 medical;
24 ‘‘(iii) in the case of the Navy, the
25 operational status (whether sea duty or
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1 shore duty) of any individuals involved in
2 such incidents.
3 ‘‘(3) The policies, procedures, and processes im-
4 plemented by the Secretary concerned during the
5 year covered by the report in response to any race,
6 gender, or ethnicity disparities involving members of
7 the armed force concerned.
8 ‘‘(c) DEFINITIONS.—In this section:
9 ‘‘(1) The term ‘statistical category’ means each
10 of the following categories:
11 ‘‘(A) race;
12 ‘‘(B) gender;
13 ‘‘(C) ethnicity;
14 ‘‘(D) rank; and
15 ‘‘(E) offense enumerated under chapter 47
16 of this title (the Uniform Code of Military Jus-
17 tice).
18 ‘‘(2) The term ‘principal’ has the meaning given
19 that term in section 877 of this title (article 77 of
20 the Uniform Code of Military Justice).
21 ‘‘(d) SUBMISSION TO CONGRESS.—
22 ‘‘(1) IN GENERAL.—Not later than April 30 of
23 each year in which the Secretary of Defense receives
24 reports under subsection (a), the Secretary of De-
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1 fense shall forward the reports to the appropriate
2 congressional committees, together with—
3 ‘‘(A) an assessment of the information
4 submitted to the Secretary pursuant to sub-
5 section (b)(3);
6 ‘‘(B) such other assessments on the re-
7 ports as the Assistant Inspector General estab-
8 lished under section 554 of the William M.
9 (Mac) Thornberry National Defense Authoriza-
10 tion Act for Fiscal Year 2021 (Public Law
11 116–283) considers appropriate; and
12 ‘‘(C) such other assessments on the reports
13 as the Secretary of Defense considers appro-
14 priate.
15 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT-
16 TEES DEFINED.—In this subsection, the term ‘ap-
17 propriate congressional committees’ means—
18 ‘‘(A) the Committee on Armed Services,
19 the Committee on Commerce, Science, and
20 Transportation, and the Committee on Vet-
21 erans’ Affairs of the Senate; and
22 ‘‘(B) the Committee on Armed Services,
23 the Committee on Transportation and Infra-
24 structure, and the Committee on Veterans’ Af-
25 fairs of the House of Representatives.
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1 ‘‘(e) PUBLICATION.—The Secretary of Defense
2 shall—
3 ‘‘(1) publish on an appropriate publicly avail-
4 able website of the Department of Defense the re-
5 ports required by subsections (a) and (d); and
6 ‘‘(2) ensure that any data included with each
7 such report is made available in a machine-readable
8 format that is downloadable, searchable, and sort-
9 able.’’.
10 (2) CLERICAL AMENDMENT.—The table of sec-
11 tions at the beginning of chapter 23 of such title is
12 amended by inserting after the item relating to sec-
13 tion 485 the following new item:
‘‘486. Annual reports on racial and ethnic demographics in the military justice
system.’’.
14 (c) ANNUAL REPORTS ON SEXUAL ASSAULTS.—
15 (1) IN GENERAL.—Chapter 23 of title 10,
16 United States Code, as amended by section 3, is fur-
17 ther amended by inserting after section 486 the fol-
18 lowing new section:
19 ‘‘§ 487. Annual reports on sexual assaults
20 ‘‘(a) IN GENERAL.—Not later than March 1 of each
21 year, the Secretary of each military department shall sub-
22 mit to the Secretary of Defense a report on the sexual
23 assaults involving members of the armed forces under the
24 jurisdiction of that Secretary during the preceding year.
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1 In the case of the Secretary of the Navy, separate reports
2 shall be prepared for the Navy and for the Marine Corps.
3 In the case of the Secretary of the Air Force, separate
4 reports shall be prepared for the Air Force and for the
5 Space Force.
6 ‘‘(b) CONTENTS.—The report of a Secretary of a
7 military department for an armed force under subsection
8 (a) shall contain the following:
9 ‘‘(1) The number of sexual assaults committed
10 against members of the armed force that were re-
11 ported to military officials during the year covered
12 by the report, and the number of the cases so re-
13 ported that were substantiated.
14 ‘‘(2) The number of sexual assaults committed
15 by members of the armed force that were reported
16 to military officials during the year covered by the
17 report, and the number of the cases so reported that
18 were substantiated. The information required by this
19 paragraph may not be combined with the informa-
20 tion required by paragraph (1).
21 ‘‘(3) A synopsis of each such substantiated
22 case, organized by offense, and, for each such case,
23 the race and ethnicity of the victim and accused, the
24 action taken in the case, including the type of dis-
25 ciplinary or administrative sanction imposed, if any,
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1 including courts-martial sentences, nonjudicial pun-
2 ishments administered by commanding officers pur-
3 suant to section 815 of this title (article 15 of the
4 Uniform Code of Military Justice), and administra-
5 tive separations.
6 ‘‘(4) The policies, procedures, and processes im-
7 plemented by the Secretary concerned during the
8 year covered by the report in response to incidents
9 of sexual assault involving members of the armed
10 force concerned.
11 ‘‘(5) The number of substantiated sexual as-
12 sault cases in which the victim is a deployed member
13 of the armed forces and the assailant is a foreign
14 national, and the policies, procedures, and processes
15 implemented by the Secretary concerned to monitor
16 the investigative processes and disposition of such
17 cases and any actions taken to eliminate any gaps
18 in investigating and adjudicating such cases.
19 ‘‘(6) A description of the implementation of the
20 accessibility plan implemented pursuant to section
21 596(b) of the National Defense Authorization Act
22 for Fiscal Year 2006 (Public Law 109–163; 10
23 U.S.C. 1561 note), including a description of the
24 steps taken during that year to ensure that trained
25 personnel, appropriate supplies, and transportation
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1 resources are accessible to deployed units in order to
2 provide an appropriate and timely response in any
3 case of reported sexual assault in a deployed unit,
4 location, or environment.
5 ‘‘(7) The number of applications submitted
6 under section 673 of title 10, United States Code,
7 during the year covered by the report for a perma-
8 nent change of station or unit transfer for members
9 of the armed forces on active duty who are the vic-
10 tim of a sexual assault or related offense, the num-
11 ber of applications denied, and, for each application
12 denied, a description of the reasons why the applica-
13 tion was denied.
14 ‘‘(8) An analysis and assessment of trends in
15 the incidence, disposition, and prosecution of sexual
16 assaults by units, commands, and installations dur-
17 ing the year covered by the report, including trends
18 relating to—
19 ‘‘(A) the prosecution of incidents and
20 avoidance of incidents; and
21 ‘‘(B) the prevalence of incidents, set forth
22 separately for—
23 ‘‘(i) each installation with 5,000 or
24 more servicemembers;
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1 ‘‘(ii) the major career fields of any in-
2 dividuals involved in such incidents, includ-
3 ing the fields of combat arms, aviation, lo-
4 gistics, maintenance, administration, and
5 medical; and
6 ‘‘(iii) in the case of the Navy, the
7 operational status (whether sea duty or
8 shore duty) of any individuals involved in
9 such incidents.
10 ‘‘(9) An assessment of the adequacy of sexual
11 assault prevention and response activities carried out
12 by training commands during the year covered by
13 the report.
14 ‘‘(10) An analysis of the specific factors that
15 may have contributed to sexual assault during the
16 year covered by the report, an assessment of the role
17 of such factors in contributing to sexual assaults
18 during that year, and recommendations for mecha-
19 nisms to eliminate or reduce the incidence of such
20 factors or their contributions to sexual assaults.
21 ‘‘(11) An analysis of the disposition of the most
22 serious offenses occurring during sexual assaults
23 committed by members of the armed force during
24 the year covered by the report, as identified in unre-
25 stricted reports of sexual assault by any members of
•HR 4350 EH
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1 the armed forces, including the numbers of reports
2 identifying offenses that were disposed of by each of
3 the following:
4 ‘‘(A) Conviction by court-martial, including
5 a separate statement of the most serious charge
6 preferred and the most serious charge for which
7 convicted.
8 ‘‘(B) Acquittal of all charges at court-mar-
9 tial.
10 ‘‘(C) Non-judicial punishment under sec-
11 tion 815 of this title (article 15 of the Uniform
12 Code of Military Justice).
13 ‘‘(D) Administrative action, including by
14 each type of administrative action imposed.
15 ‘‘(E) Dismissal of all charges, including by
16 reason for dismissal and by stage of pro-
17 ceedings in which dismissal occurred.
18 ‘‘(12) Information on each claim of retaliation
19 in connection with a report of sexual assault in the
20 armed force made by or against a member of such
21 armed force as follows:
22 ‘‘(A) A narrative description of each com-
23 plaint.
•HR 4350 EH
574
1 ‘‘(B) The nature of such complaint, includ-
2 ing whether the complainant claims professional
3 or social retaliation.
4 ‘‘(C) The gender of the complainant.
5 ‘‘(D) The gender of the individual claimed
6 to have committed the retaliation.
7 ‘‘(E) The nature of the relationship be-
8 tween the complainant and the individual
9 claimed to have committed the retaliation.
10 ‘‘(F) The nature of the relationship, if any,
11 between the individual alleged to have com-
12 mitted the sexual assault concerned and the in-
13 dividual claimed to have committed the retalia-
14 tion.
15 ‘‘(G) The official or office that received the
16 complaint.
17 ‘‘(H) The organization that investigated or
18 is investigating the complaint.
19 ‘‘(I) The current status of the investiga-
20 tion.
21 ‘‘(J) If the investigation is complete, a de-
22 scription of the results of the investigation, in-
23 cluding whether the results of the investigation
24 were provided to the complainant.
•HR 4350 EH
575
1 ‘‘(K) If the investigation determined that
2 retaliation occurred, whether the retaliation was
3 an offense under chapter 47 of this title (the
4 Uniform Code of Military Justice).
5 ‘‘(13) Information and data collected through
6 formal and informal reports of sexual harassment in-
7 volving members of the armed forces during the year
8 covered by the report, as follows:
9 ‘‘(A) The number of substantiated and un-
10 substantiated reports.
11 ‘‘(B) A synopsis of each substantiated re-
12 port, including the race and ethnicity of the vic-
13 tim and accused.
14 ‘‘(C) The action taken in the case of each
15 substantiated report, including the type of dis-
16 ciplinary or administrative sanction imposed, if
17 any, such as—
18 ‘‘(i) conviction and sentence by court-
19 martial;
20 ‘‘(ii) imposition of non-judicial punish-
21 ment under section 815 of this title (article
22 15 of the Uniform Code of Military Jus-
23 tice); or
•HR 4350 EH
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1 ‘‘(iii) administrative separation or
2 other type of administrative action im-
3 posed.
4 ‘‘(14) Information and data collected during the
5 year covered by the report on each reported incident
6 involving the non-consensual distribution by a person
7 subject to chapter 47 of this title (the Uniform Code
8 of Military Justice), of a private sexual image of an-
9 other person, including the following:
10 ‘‘(A) The number of substantiated and un-
11 substantiated reports.
12 ‘‘(B) A synopsis of each substantiated re-
13 port.
14 ‘‘(C) The action taken in the case of each
15 substantiated report, including the type of dis-
16 ciplinary or administrative sanction imposed, if
17 any, such as—
18 ‘‘(i) conviction and sentence by court-
19 martial;
20 ‘‘(ii) imposition of non-judicial punish-
21 ment under section 815 this title (article
22 15 of the Uniform Code of Military Jus-
23 tice); or
•HR 4350 EH
577
1 ‘‘(iii) administrative separation or
2 other type of administrative action im-
3 posed.
4 ‘‘(c) SUBSTANTIATED DEFINED.—In this section, the
5 term ‘substantiated’, when used with respect to the report
6 of an incident or offense, means that the report meets the
7 following criteria:
8 ‘‘(1) The victim made an unrestricted report of
9 such incident or offense.
10 ‘‘(2) The report was investigated by the Federal
11 Government or a State, local, or Tribal law enforce-
12 ment organization.
13 ‘‘(3) The report was provided to the appropriate
14 military command for consideration of action and
15 was found to have sufficient evidence to support the
16 command’s action against the subject.
17 ‘‘(d) SUBMISSION TO CONGRESS.—
18 ‘‘(1) IN GENERAL.—Not later than April 30 of
19 each year in which the Secretary of Defense receives
20 reports under subsection (a), the Secretary of De-
21 fense shall forward the reports to the appropriate
22 congressional committees, together with—
23 ‘‘(A) the results of assessments conducted
24 under the evaluation plan required by section
25 1602(c) of the Ike Skelton National Defense
•HR 4350 EH
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1 Authorization Act for Fiscal Year 2011 (Public
2 Law 111–383; 10 U.S.C. 1561 note);
3 ‘‘(B) an assessment of the information
4 submitted to the Secretary pursuant to sub-
5 section (b)(11); and
6 ‘‘(C) such other assessments on the reports
7 as the Secretary of Defense considers appro-
8 priate.
9 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT-
10 TEES DEFINED.—In this subsection, the term ‘ap-
11 propriate congressional committees’ means—
12 ‘‘(A) the Committee on Armed Services,
13 the Committee on Commerce, Science, and
14 Transportation, and the Committee on Vet-
15 erans’ Affairs of the Senate; and
16 ‘‘(B) the Committee on Armed Services,
17 the Committee on Transportation and Infra-
18 structure, and the Committee on Veterans’ Af-
19 fairs of the House of Representatives.
20 ‘‘(e) PUBLICATION.—The Secretary of Defense
21 shall—
22 ‘‘(1) publish on an appropriate publicly avail-
23 able website of the Department of Defense the re-
24 ports required by subsections (a) and (d); and
•HR 4350 EH
579
1 ‘‘(2) ensure that any data included with each
2 such report is made available in a machine-readable
3 format that is downloadable, searchable, and sort-
4 able.
5 ‘‘(f) ADDITIONAL DETAILS FOR CASE SYNOPSES
6 PORTION OF REPORT.—The Secretary of each military de-
7 partment shall include in the case synopses portion of each
8 report, as described in subsection (b)(3), the following ad-
9 ditional information:
10 ‘‘(1) If charges are dismissed following an in-
11 vestigation conducted under section 832 of this title
12 (article 32 of the Uniform Code of Military Justice),
13 the case synopsis shall include the reason for the
14 dismissal of the charges.
15 ‘‘(2) If the case synopsis states that a member
16 of the armed forces accused of committing a sexual
17 assault was administratively separated or, in the
18 case of an officer, allowed to resign in lieu of facing
19 a court-martial, the case synopsis shall include the
20 characterization (honorable, general, or other than
21 honorable) given the service of the member upon
22 separation.
23 ‘‘(3) The case synopsis shall indicate whether a
24 member of the armed forces accused of committing
25 a sexual assault was ever previously accused of a
•HR 4350 EH
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1 substantiated sexual assault or was admitted to the
2 armed forces under a moral waiver granted with re-
3 spect to prior sexual misconduct.
4 ‘‘(4) The case synopsis shall indicate the branch
5 of the armed forces of each member accused of com-
6 mitting a sexual assault and the branch of the
7 armed forces of each member who is a victim of a
8 sexual assault.
9 ‘‘(5) If the case disposition includes non-judicial
10 punishment, the case synopsis shall explicitly state
11 the nature of the punishment.
12 ‘‘(6) The case synopsis shall indicate whether
13 alcohol was involved in any way in a substantiated
14 sexual assault incident.
15 ‘‘(g) COORDINATION OF RELEASE DATE BETWEEN
16 ANNUAL REPORTS REGARDING SEXUAL ASSAULTS AND
17 FAMILY ADVOCACY REPORT.—The Secretary of Defense
18 shall ensure that the reports required under subsection (a)
19 for a given year are delivered to the Committees on Armed
20 Services of the Senate and House of Representatives si-
21 multaneously with the Family Advocacy Program report
22 for that year regarding child abuse and domestic violence,
23 as required by section 574 of the National Defense Au-
24 thorization Act for Fiscal Year 2017 (Public Law 114–
25 328; 130 Stat. 2141).
•HR 4350 EH
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1 ‘‘(h) INCLUSION OF INFORMATION IN REGARDING
2 SEXUAL ASSAULTS COMMITTED AGAINST A MEMBER’S
3 SPOUSE OR OTHER FAMILY MEMBER.—The Secretary of
4 Defense shall include, in each report under this section,
5 information regarding a sexual assault committed by a
6 member of the armed forces against the spouse or intimate
7 partner of the member or another dependent of the mem-
8 ber in addition to the annual Family Advocacy Program
9 report as required by section 574 of the National Defense
10 Authorization Act for Fiscal Year 2017 (Public Law 114–
11 328; 130 Stat. 2141). The information may be included
12 as an annex to such reports.’’.
13 (2) CONFORMING REPEALS.—
14 (A) Section 1631 of the Ike Skelton Na-
15 tional Defense Authorization Act for Fiscal
16 Year 2011 (Public Law 111–383; 10 U.S.C.
17 1561 note) is repealed.
18 (B) Section 538 of the National Defense
19 Authorization Act for Fiscal Year 2018 (Public
20 Law 115–91; 10 U.S.C. 1561 note) is repealed.
21 (3) CLERICAL AMENDMENT.—The table of sec-
22 tions at the beginning of chapter 23 of such title, as
23 amended by this subsection, is further amended by
24 inserting after the item relating to section 486 the
25 following new item:
‘‘487. Annual reports on sexual assaults.’’.
•HR 4350 EH
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1 (d) EFFECTIVE DATES.—
2 (1) IN GENERAL.—Except as provided in para-
3 graph (2), the amendments made by subsections (b)
4 and (c) shall take effect on the day after the date
5 of the enactment of this Act.
6 (2) EXCEPTIONS.—
7 (A) SEPARATE SPACE FORCE REPORTS.—
8 The requirement for the Secretary of the Air
9 Force to submit separate reports for the Space
10 Force under sections 486 and 487 of title 10,
11 United States Code (as added by subsections
12 (b) and (c) of this section) shall take effect on
13 October 1, 2023 and shall apply with respect to
14 reports required to be submitted under such
15 sections after such date.
16 (B) CERTAIN STATISTICAL INFORMA-
17 TION.—The requirement to include the informa-
18 tion described in subparagraphs (A) and (B) of
19 section 486(b)(1) of title 10, United States
20 Code, in the annual reports under such section
21 shall apply with respect to reports required to
22 be submitted after January 1, 2023.
•HR 4350 EH
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1 SEC. 573. AMENDMENTS TO ADDITIONAL DEPUTY INSPEC-
2 TOR GENERAL OF THE DEPARTMENT OF DE-
3 FENSE.
4 Section 554(a) of the William M. (Mac) Thornberry
5 National Defense Authorization Act for Fiscal Year 2021
6 (Public Law 116–283) is amended—
7 (1) in the section heading, by striking ‘‘DEP-
8 UTY’’ and inserting ‘‘ASSISTANT’’;
9 (2) in paragraph (1)—
10 (A) in the matter preceding subparagraph
11 (A)—
12 (i) by striking ‘‘Secretary of Defense’’
13 and inserting ‘‘Inspector General of the
14 Department of Defense’’; and
15 (ii) by striking ‘‘Deputy’’ and insert-
16 ing ‘‘Assistant’’;
17 (B) in subparagraph (A), by striking ‘‘of
18 the Department’’; and
19 (C) in subparagraph (B), by striking ‘‘re-
20 port directly to and serve’’ and inserting ‘‘be’’;
21 (3) in paragraph (2)—
22 (A) in the matter preceding clause (i) of
23 subparagraph (A)—
24 (i) by striking ‘‘Conducting and su-
25 pervising’’ and inserting ‘‘Developing and
26 carrying out a plan for the conduct of com-
•HR 4350 EH
584
1 prehensive oversight, including through the
2 conduct and supervision of’’; and
3 (ii) by striking ‘‘evaluations’’ and in-
4 serting ‘‘inspections,’’;
5 (B) in clause (ii) of subparagraph (A), by
6 striking ‘‘, including the duties of the Inspector
7 General under subsection (b)’’; and
8 (C) in subparagraph (B), by striking ‘‘Sec-
9 retary or’’;
10 (4) in paragraph (3)(A) in the matter preceding
11 subparagraph (A), by striking ‘‘Deputy’’ and insert-
12 ing ‘‘Assistant’’;
13 (5) in paragraph (4)—
14 (A) in subparagraph (A), by striking
15 ‘‘Deputy’’ each place it appears and inserting
16 ‘‘Assistant’’;
17 (B) in subparagraph (B)—
18 (i) by striking ‘‘Deputy’’ the first
19 place it appears;
20 (ii) by striking ‘‘and the Inspector
21 General’’;
22 (iii) by striking ‘‘Deputy’’ the second
23 place it appears and inserting ‘‘Assistant’’;
24 and
•HR 4350 EH
585
1 (iv) by inserting before the period at
2 the end the following: ‘‘, for inclusion in
3 the next semiannual report of the Inspec-
4 tor General under section 5 of the Inspec-
5 tor General Act of 1978 (5 U.S.C. App.).’’;
6 (C) in subparagraph (C)—
7 (i) by striking ‘‘Deputy’’; and
8 (ii) by striking ‘‘and Inspector Gen-
9 eral’’;
10 (D) in subparagraph (D)—
11 (i) by striking ‘‘Deputy’’;
12 (ii) by striking ‘‘and the Inspector
13 General’’;
14 (iii) by striking ‘‘Secretary or’’; and
15 (iv) by striking ‘‘direct’’ and inserting
16 ‘‘determine’’; and
17 (E) in subparagraph (E)—
18 (i) by striking ‘‘Deputy’’; and
19 (ii) by striking ‘‘of the Department’’
20 and all that follows through ‘‘Representa-
21 tives’’ and inserting ‘‘consistent with the
22 requirements of the Inspector General Act
23 of 1978 (5 U.S.C. App.).’’.
•HR 4350 EH
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1 SEC. 574. EXTENSION OF DEADLINE FOR GAO REPORT ON
2 EQUAL OPPORTUNITY AT THE MILITARY
3 SERVICE ACADEMIES.
4 Section 558 of the William M. (Mac) Thornberry Na-
5 tional Defense Authorization Act for Fiscal Year 2021
6 (Public Law 116–283) is amended, in the matter pre-
7 ceding paragraph (1), by striking ‘‘one year after the date
8 of the enactment of this Act’’ and inserting ‘‘May 31,
9 2022’’.
10 SEC. 575. GAO REVIEW OF EXTREMIST AFFILIATIONS AND
11 ACTIVITY AMONG MEMBERS OF THE ARMED
12 FORCES ON ACTIVE DUTY.
13 (a) REVIEW.—The Comptroller General of the United
14 States shall perform a review to determine the prevalence
15 of extremist affiliations and activity among members of
16 the Armed Forces on active duty. The review shall include
17 the following elements:
18 (1) Sources of information used by the Sec-
19 retary of Defense and Secretaries of the military de-
20 partments to determine extremist affiliations and ac-
21 tivity, including the extent to which—
22 (A) the Armed Forces have established
23 methods for anonymous reporting of suspected
24 extremist affiliations and activity;
•HR 4350 EH
587
1 (B) the Armed Forces have established
2 guidelines to help ensure that commanders
3 properly investigate such reports;
4 (C) reports of violence by members of the
5 Armed Forces have been investigated for rela-
6 tion to extremist affiliations and activity;
7 (D) members of the Armed Forces have
8 been discharged or disciplinary actions because
9 of extremist affiliations or activity; and
10 (E) the Department of Defense tracking
11 cases described in subparagraph (D).
12 (2) The extent to which the Secretary of De-
13 fense and Secretaries of the military departments
14 use information described in paragraph (1) in vet-
15 ting members, including the extent to which—
16 (A) recruiters have identified individuals
17 with suspected extremist affiliations;
18 (B) such individuals have received waivers;
19 and
20 (C) command climate surveys indicate a
21 culture in the Armed Forces that supports ex-
22 tremist affiliations and activity.
23 (3) The extent to which the Secretary of De-
24 fense and Secretaries of the military departments
•HR 4350 EH
588
1 use information described in paragraph (1) in vet-
2 ting members.
3 (4) Procedures of the Department of Defense
4 and the Armed Forces for identifying, responding to,
5 and tracking reported instances of extremist affili-
6 ations and activity.
7 (5) Efforts of the Secretary of Defense and
8 Secretaries of the military departments to train per-
9 sonnel to identify and report members or recruits
10 suspected of extremist affiliations or activity, includ-
11 ing the extent to which—
12 (A) commanders and recruiters trained to
13 identify potential indicators of extremist affili-
14 ations (including tattoos); and
15 (B) members are trained to identify and
16 report indicators of extremist affiliations and
17 activity in the Armed Forces or Department of
18 Defense.
19 (6) Any other matter that the Comptroller Gen-
20 eral determines relevant.
21 (b) REPORT.—Not later than March 31, 2022, the
22 Comptroller General shall submit to the Committees on
23 Armed Services of the Senate and the House of Represent-
24 atives a report containing the results of the review under
25 this section.
•HR 4350 EH
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1 SEC. 576. REDUCTION OF GENDER-RELATED INEQUITIES IN
2 COSTS OF UNIFORMS TO MEMBERS OF THE
3 ARMED FORCES.
4 (a) IMPLEMENTATION OF GAO RECOMMENDA-
5 TIONS.—Not later than September 30, 2022, the Sec-
6 retary of Defense shall implement the four recommenda-
7 tions of the Government Accountability Office in the re-
8 port titled ‘‘Military Service Uniforms DOD Could Better
9 Identify and Address Out-of-Pocket Cost Inequities’’
10 (GAO–21–120).
11 (b) REGULATIONS.—Not later than September 30,
12 2022, each Secretary concerned (as that term is defined
13 in section 101 of title 10, United States Code) shall pre-
14 scribe regulations that ensure the following:
15 (1) The out-of-pocket cost to an officer or en-
16 listed member of an Armed Force for a uniform (or
17 part of such uniform) may not exceed such cost to
18 another officer or enlisted member of that Armed
19 Force for such uniform (or part, or equivalent part,
20 of such uniform) solely based on gender.
21 (2) If a change to a uniform of an Armed Force
22 affects only officers or enlisted members of one gen-
23 der, an officer or enlisted member of such gender in
24 such Armed Force shall be entitled to an allowance
25 equal to the out-of-pocket cost to the officer or en-
26 listed member relating to such change.
•HR 4350 EH
590
1 (c) ONE-TIME ALLOWANCE.—Not later than Sep-
2 tember 30, 2022, each Secretary concerned may provide
3 a one-time allowance to each female officer and female en-
4 listed member under the jurisdiction of the Secretary con-
5 cerned. The amount of such an allowance shall be—
6 (1) based on gender disparities in out-of-pocket
7 costs relating to uniforms (including the costs of
8 changes to uniforms that affected only one gender)
9 during the 10 years preceding the date of the enact-
10 ment of this Act; and
11 (2) proportional to the length of service of the
12 officer or enlisted member in the Armed Forces.
13 (d) APPLICATION.—The allowances described in sub-
14 sections (b)(2) and (c) may not apply to an individual who
15 has separated or retired, or been discharged or dismissed,
16 from the Armed Forces.
17 SEC. 577. JUSTICE FOR WOMEN VETERANS.
18 (a) FINDINGS.—Congress finds the following:
19 (1) In June 1948, Congress enacted the Wom-
20 en’s Armed Services Integration Act of 1948, which
21 formally authorized the appointment and enlistment
22 of women in the regular components of the Armed
23 Forces.
24 (2) With the expansion of the Armed Forces to
25 include women, the possibility arose for the first
•HR 4350 EH
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1 time that members of the regular components of the
2 Armed Forces could become pregnant.
3 (3) The response to such possibilities and actu-
4 alities was Executive Order 10240, signed by Presi-
5 dent Harry S. Truman in 1951, which granted the
6 Armed Forces the authority to involuntarily separate
7 or discharge a woman if she became pregnant, gave
8 birth to a child, or became a parent by adoption or
9 a stepparent.
10 (4) The Armed Forces responded to the Execu-
11 tive order by systematically discharging any woman
12 in the Armed Forces who became pregnant, regard-
13 less of whether the pregnancy was planned, un-
14 planned, or the result of sexual abuse.
15 (5) Although the Armed Forces were required
16 to offer women who were involuntarily separated or
17 discharged due to pregnancy the opportunity to re-
18 quest retention in the military, many such women
19 were not offered such opportunity.
20 (6) The Armed Forces did not provide required
21 separation benefits, counseling, or assistance to the
22 members of the Armed Forces who were separated
23 or discharged due to pregnancy.
•HR 4350 EH
592
1 (7) Thousands of members of the Armed
2 Forces were involuntarily separated or discharged
3 from the Armed Forces as a result of pregnancy.
4 (8) There are reports that the practice of the
5 Armed Forces to systematically separate or dis-
6 charge pregnant members caused some such mem-
7 bers to seek an unsafe or inaccessible abortion,
8 which was not legal at the time, or to put their chil-
9 dren up for adoption, and that, in some cases, some
10 women died by suicide following their involuntary
11 separation or discharge from the Armed Forces.
12 (9) Such involuntary separation or discharge
13 from the Armed Forces on the basis of pregnancy
14 was challenged in Federal district court by Steph-
15 anie Crawford in 1975, whose legal argument stated
16 that this practice violated her constitutional right to
17 due process of law.
18 (10) The Court of Appeals for the Second Cir-
19 cuit ruled in Stephanie Crawford’s favor in 1976
20 and found that Executive Order 10240 and any reg-
21 ulations relating to the Armed Forces that made
22 separation or discharge mandatory due to pregnancy
23 were unconstitutional.
24 (11) By 1976, all regulations that permitted in-
25 voluntary separation or discharge of a member of
•HR 4350 EH
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1 the Armed Forces because of pregnancy or any form
2 of parenthood were rescinded.
3 (12) Today, women comprise 17 percent of the
4 Armed Forces, and many are parents, including 12
5 percent of whom are single parents.
6 (13) While military parents face many hard-
7 ships, today’s Armed Forces provides various lengths
8 of paid family leave for mothers and fathers. for
9 both birth and adoption of children.
10 (b) SENSE OF CONGRESS.—
11 (1) SENSE OF CONGRESS.—It is the sense of
12 Congress that women who served in the Armed
13 Forces before February 23, 1976 should not have
14 been involuntarily separated or discharged due to
15 pregnancy or parenthood.
16 (2) EXPRESSION OF REMORSE.—Congress here-
17 by expresses deep remorse for the women who patri-
18 otically served in the Armed Forces, but were forced,
19 by official United States policy, to endure unneces-
20 sary and discriminatory actions, including the viola-
21 tion of their constitutional right to due process of
22 law, simply because they became pregnant or became
23 a parent while a member of the Armed Forces.
•HR 4350 EH
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1 (c) GAO STUDY OF WOMEN INVOLUNTARILY SEPA-
2 RATED OR DISCHARGED DUE TO PREGNANCY OR PAR-
3 ENTHOOD.—
4 (1) STUDY REQUIRED.—The Comptroller Gen-
5 eral of the United States shall conduct a study re-
6 garding women involuntarily separated or discharged
7 from the Armed Forces due to pregnancy or parent-
8 hood during the period of 1951 through 1976. The
9 study shall identify—
10 (A) the number of such women,
11 disaggregated by—
12 (i) Armed Force;
13 (ii) grade;
14 (iii) race; and
15 (iv) ethnicity;
16 (B) the characters of such discharges or
17 separations;
18 (C) discrepancies in uniformity of such dis-
19 charges or separations;
20 (D) how such discharges or separations af-
21 fected access of such women to health care and
22 benefits through the Department of Veterans
23 Affairs; and
•HR 4350 EH
595
1 (E) recommendations for improving access
2 of such women to resources through the De-
3 partment of Veterans Affairs.
4 (2) BRIEFING AND REPORT.—
5 (A) BRIEFING.—Not later than 6 months
6 after the date of enactment of this Act, the
7 Comptroller General shall brief the Committees
8 on Armed Services and the Committees on Vet-
9 erans’ Affairs of the Senate and the House of
10 Representatives on the study.
11 (B) REPORT.—Not later than 18 months
12 after the date of the enactment of this Act, the
13 Comptroller General shall submit a report to
14 the Committees on Armed Services and the
15 Committees on Veterans’ Affairs of the Senate
16 and the House of Representatives on the results
17 of the study conducted under paragraph (1).
18 SEC. 578. TASK FORCE ON HISTORICAL AND CURRENT BAR-
19 RIERS TO AFRICAN AMERICAN PARTICIPA-
20 TION AND EQUAL TREATMENT IN THE ARMED
21 SERVICES.
22 (a) ESTABLISHMENT.—The Secretary of Defense
23 shall establish within the Department of Defense a task
24 force to be known as the ‘‘Task Force on Historical and
25 Current Barriers to African American Participation and
•HR 4350 EH
596
1 Equal Treatment in the Armed Services’’ (hereafter re-
2 ferred to as the ‘‘Task Force’’).
3 (b) DUTIES.—The Task Force shall advise, consult
4 with, report to, and make recommendations to the Sec-
5 retary, as appropriate, on the development, refinement,
6 and implementation of policies, programs, planning, and
7 training which will provide redress for historical barriers
8 to African American participation and equal treatment in
9 the Armed Services.
10 (c) STUDIES AND INVESTIGATIONS.—
11 (1) INVESTIGATION OF HISTORICAL RECORD OF
12 SLAVERY.—As part of its duties, the Task Force
13 shall identify, compile, examine, and synthesize the
14 relevant corpus of evidentiary documentation regard-
15 ing the military or Armed Service’s involvement in
16 the institution of slavery. The Task Force’s docu-
17 mentation and examination shall include facts re-
18 lated to—
19 (A) the capture and procurement of Afri-
20 cans;
21 (B) the transport of Africans to the United
22 States and the colonies that became the United
23 States for the purpose of enslavement, including
24 their treatment during transport;
•HR 4350 EH
597
1 (C) the sale and acquisition of Africans
2 and their descendants as chattel property in
3 interstate and intrastate commerce;
4 (D) the treatment of African slaves and
5 their descendants in the colonies and the
6 United States, including the deprivation of their
7 freedom, exploitation of their labor, and de-
8 struction of their culture, language, religion,
9 and families; and
10 (E) the extensive denial of humanity, sex-
11 ual abuse, and the chatellization of persons.
12 (2) STUDY OF EFFECTS OF DISCRIMINATORY
13 POLICIES IN THE ARMED SERVICES.—As part of its
14 duties, the Task Force shall study and analyze the
15 official policies or routine practices of the Armed
16 Services with discriminatory intent or discriminatory
17 effect on the formerly enslaved Africans and their
18 descendants in the Armed Services following the
19 overdue recognition of such persons as United States
20 citizens beginning in 1868.
21 (3) STUDY OF OTHER FORMS OF DISCRIMINA-
22 TION.—As part of its duties, the Task Force shall
23 study and analyze the other forms of discrimination
24 in the Armed Services against freed African slaves
25 and their descendants who were belatedly accorded
•HR 4350 EH
598
1 their rightful status as United States citizens from
2 1868 to the present.
3 (4) STUDY OF LINGERING EFFECTS OF DIS-
4 CRIMINATION.—As part of its duties, the Task Force
5 shall study and analyze the lingering negative effects
6 of the institution of slavery and the matters de-
7 scribed in the preceding paragraphs on living Afri-
8 can Americans and their participation in the Armed
9 Services.
10 (d) RECOMMENDATIONS FOR REMEDIES.—
11 (1) RECOMMENDATIONS.—Based on the results
12 of the investigations and studies carried out under
13 subsection (c), the Task Force shall recommend ap-
14 propriate remedies to the Secretary.
15 (2) ISSUES ADDRESSED.—In recommending
16 remedies under this subsection, the Task Force shall
17 address the following:
18 (A) How Federal laws and policies that
19 continue to disproportionately and negatively
20 affect African Americans as a group in the
21 Armed Services, and those that perpetuate the
22 lingering effects, materially and psycho-socially,
23 can be eliminated.
24 (B) How the injuries resulting from the
25 matters described in subsection (c) can be re-
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1 versed through appropriate policies, programs,
2 and projects.
3 (C) How, in consideration of the Task
4 Force’s findings, to calculate any form of repair
5 for inequities to the descendants of enslaved Af-
6 ricans.
7 (D) The form of that repair which should
8 be awarded, the instrumentalities through
9 which the repair should be provided, and who
10 should be eligible for the repair of such inequi-
11 ties.
12 (e) ANNUAL REPORT.—
13 (1) SUBMISSION.—Not later than 90 days after
14 the end of each year, the Task Force shall submit
15 a report to the Secretary on its activities, findings,
16 and recommendations during the preceding year.
17 (2) PUBLICATION.—Not later than 180 days
18 after the date on which the Secretary receives an an-
19 nual report for a year under paragraph (1), the Sec-
20 retary shall publish a public version of the report,
21 and shall include such related matters as the Sec-
22 retary finds would be informative to the public dur-
23 ing that year.
24 (f) COMPOSITION; GOVERNANCE.—
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1 (1) COMPOSITION.—The Task Force shall be
2 composed of such number of members as the Sec-
3 retary may appoint from among individuals whom
4 the Secretary finds are qualified to serve by virtue
5 of their military service, education, training, activism
6 or experience, particularly in the field of history, so-
7 ciology, and African American studies.
8 (2) PUBLICATION OF LIST OF MEMBERS.—The
9 Secretary shall post and regularly update on a public
10 website of the Department of Defense the list of the
11 members of the Task Force.
12 (3) MEETINGS.—The Task Force shall meet
13 not less frequently than quarterly, and may convene
14 additional meetings during a year as necessary. At
15 least one of the meetings during each year shall be
16 open to the public.
17 (4) GOVERNANCE.—The Secretary shall estab-
18 lish rules for the structure and governance of the
19 Task Force.
20 (5) DEADLINE.—The Secretary shall complete
21 the appointment of the members of the Task Force
22 not later than 180 days after the date of the enact-
23 ment of this Act.
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1 SEC. 579. BEST PRACTICES FOR THE RETENTION OF CER-
2 TAIN FEMALE MEMBERS OF THE ARMED
3 FORCES.
4 The Secretaries of the military departments shall
5 share and implement best practices (including use of civil-
6 ian industry best practices) regarding the use of retention
7 and exit survey data to identify barriers and lessons
8 learned to improve the retention of female members of the
9 Armed Forces under the jurisdiction of such Secretaries.
10 SEC. 579A. GAO REPORT ON LOW NUMBER OF HISPANIC
11 LEADERS IN THE ARMED FORCES.
12 Not later than 180 days after the date of the enact-
13 ment of this Act, the Comptroller General of the United
14 States shall submit to the Committees on Armed Services
15 of the Senate and House of Representatives a report con-
16 taining the result of a study regarding—
17 (1) the reasons for the low number of Hispanic
18 officers and members of the Armed Forces in leader-
19 ship positions; and
20 (2) recommendations to increase such numbers.
21 SEC. 579B. GAO REPORT ON LOW NUMBER OF HISPANIC CA-
22 DETS AND MIDSHIPMEN IN THE MILITARY
23 SERVICE ACADEMIES.
24 Not later than 180 days after the date of the enact-
25 ment of this Act, the Comptroller General of the United
26 States shall submit to the Committees on Armed Services
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1 of the Senate and House of Representatives a report con-
2 taining the result of a study regarding—
3 (1) the reasons for the low number of Hispanic
4 cadets and midshipmen at the military service acad-
5 emies; and
6 (2) recommendations to increase such numbers.
7 SEC. 579C. CONSIDERATION OF SEXUAL ORIENTATION BY
8 INSPECTOR GENERAL WHEN CONDUCTING
9 REVIEW OF RACIAL DISPARITY IN THE DE-
10 PARTMENT OF DEFENSE.
11 The Inspector General of the Department of Defense
12 shall take sexual orientation into account when conducting
13 any review of racial disparity in such Department after
14 the date of the enactment of this Act.
15 Subtitle I—Decorations and
16 Awards
17 SEC. 581. SEMIANNUAL REPORTS REGARDING REVIEW OF
18 SERVICE RECORDS OF CERTAIN VETERANS.
19 (a) IN GENERAL.— Section 586 of the National De-
20 fense Authorization Act for Fiscal Year 2017 (Public Law
21 114–328; 10 U.S.C. 7271 note) is amended—
22 (1) by redesignating subsection (h) as sub-
23 section (i);
24 (2) by inserting after subsection (g) the fol-
25 lowing new subsection (h):
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1 ‘‘(h) SEMIANNUAL REPORTS.—
2 ‘‘(1) REPORTS REQUIRED.—Not later than Jan-
3 uary 31 and July 31 each year, each Secretary of
4 a military department shall submit to the appro-
5 priate committees of Congress a report regarding
6 the review of service records under the jurisdiction
7 of that Secretary pursuant to subsection (a).
8 ‘‘(2) ELEMENTS.—Each report under this sub-
9 section shall include the following:
10 ‘‘(A) The number of service records identi-
11 fied for review.
12 ‘‘(B) The number of service records re-
13 viewed during the preceding two calendar quar-
14 ters.
15 ‘‘(C) The number of service records re-
16 viewed to date.
17 ‘‘(D) The number of full-time equivalent
18 employees conducting reviews under subsection
19 (a).
20 ‘‘(E) The number of work hours employees
21 described in subparagraph (D) spent reviewing
22 service records during the preceding two cal-
23 endar quarters.
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1 ‘‘(F) The number of work hours employees
2 described in subparagraph (D) have spent re-
3 viewing service records to date.
4 ‘‘(G) A summary of any consultation with
5 or information provided by a veterans service
6 organization under subsection (c) during the
7 preceding two calendar quarters.
8 ‘‘(H) A summary of any consultation with
9 or information provided by a veterans service
10 organization under subsection (c) to date.
11 ‘‘(3) TERMINATION.—The reporting require-
12 ment under this subsection shall terminate for the
13 Secretary of a military department after that Sec-
14 retary certifies in writing to the appropriate commit-
15 tees of Congress that the Secretary has—
16 ‘‘(A) completed the review of the service
17 record of each covered veteran under the juris-
18 diction of that Secretary; and
19 ‘‘(B) submitted every recommendation
20 under subsection (d) and every notification
21 under subsection (f) that the Secretary intends
22 to submit.’’; and
23 (3) in subsection (i), as redesignated—
24 (A) in the heading, by striking ‘‘DEFINI-
25 TION’’ and inserting ‘‘DEFINITIONS’’;
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1 (B) by striking all that follows ‘‘section’’
2 and inserting a colon; and
3 (C) by adding at the end the following:
4 ‘‘(1) The term ‘Native American Pacific Is-
5 lander’ means a Native Hawaiian or Native Amer-
6 ican Pacific Islander, as those terms are defined in
7 section 815 of the Native American Programs Act of
8 1974 (42 U.S.C. 2992c).
9 ‘‘(2) The term ‘appropriate committees of Con-
10 gress’ means—
11 ‘‘(A) The Committee on Armed Services
12 and the Committee on Veterans’ Affairs of the
13 Senate; and
14 ‘‘(B) The Committees on Armed Services
15 and the Committee on Veterans’ Affairs of the
16 House of Representatives.’’.
17 (b) DEADLINE.—The first report under subsection
18 (h) of such section 586, as inserted by subsection (a), shall
19 be due not later than July 31, 2022.
20 SEC. 582. ELIGIBILITY OF VETERANS OF OPERATION END
21 SWEEP FOR VIETNAM SERVICE MEDAL.
22 The Secretary of the military department concerned
23 may, upon the application of an individual who is a vet-
24 eran who participated in Operation End Sweep, award
25 that individual the Vietnam Service Medal.
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1 SEC. 583. ESTABLISHMENT OF THE ATOMIC VETERANS
2 SERVICE MEDAL.
3 (a) SERVICE MEDAL REQUIRED.—The Secretary of
4 Defense shall design and produce a commemorative mili-
5 tary service medal, to be known as the ‘‘Atomic Veterans
6 Service Medal’’, to honor retired and former members of
7 the Armed Forces who are radiation-exposed veterans (as
8 such term is defined in section 1112(c)(3) of title 38,
9 United States Code).
10 (b) DISTRIBUTION OF MEDAL.—
11 (1) ISSUANCE TO RETIRED AND FORMER MEM-
12 BERS.—At the request of a radiation-exposed vet-
13 eran, the Secretary of Defense shall issue the Atom-
14 ic Veterans Service Medal to the veteran.
15 (2) ISSUANCE TO NEXT-OF-KIN.—In the case of
16 a radiation-exposed veteran who is deceased, the
17 Secretary may provide for issuance of the Atomic
18 Veterans Service Medal to the next-of-kin of the per-
19 son.
20 (3) APPLICATION.—The Secretary shall prepare
21 and disseminate as appropriate an application by
22 which radiation-exposed veterans and their next-of-
23 kin may apply to receive the Atomic Veterans Serv-
24 ice Medal.
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1 SEC. 584. AUTHORIZATION FOR AWARD OF THE MEDAL OF
2 HONOR TO MARCELINO SERNA FOR ACTS OF
3 VALOR DURING WORLD WAR I.
4 (a) AUTHORIZATION.—Notwithstanding the time lim-
5 itations specified in section 7274 of title 10, United States
6 Code, or any other time limitation with respect to the
7 awarding of certain medals to persons who served in the
8 Armed Forces, the President may posthumously award the
9 Medal of Honor under section 7272 of such title to
10 Marcelino Serna for the acts of valor described in the sub-
11 section (b).
12 (b) ACTS OF VALOR DESCRIBED.—The acts of valor
13 described in this subsection are the actions of Marcelino
14 Serna as a private in the Army during World War I, for
15 which he was previously awarded the Distinguished-Serv-
16 ice Cross.
17 SEC. 585. RESCISSION OF MEDALS OF HONOR AWARDED
18 FOR ACTS AT WOUNDED KNEE CREEK ON DE-
19 CEMBER 29, 1890.
20 (a) IN GENERAL.—Each Medal of Honor awarded for
21 acts at Wounded Knee Creek, Lakota Pine Ridge Indian
22 Reservation, South Dakota, on December 29, 1890, is re-
23 scinded.
24 (b) MEDAL OF HONOR ROLL.—The Secretary con-
25 cerned shall remove the name of each individual awarded
26 a Medal of Honor for acts described in subsection (a) from
•HR 4350 EH
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1 the Army, Navy, Air Force, and Coast Guard Medal of
2 Honor Roll maintained under section 1134a of title 10,
3 United States Code.
4 (c) RETURN OF MEDAL NOT REQUIRED.—No person
5 may be required to return to the Federal Government a
6 Medal of Honor rescinded under subsection (a).
7 (d) NO DENIAL OF BENEFITS.—This Act shall not
8 be construed to deny any individual any benefit from the
9 Federal Government.
10 SEC. 586. INCLUSION OF PURPLE HEART AWARDS ON MILI-
11 TARY VALOR WEBSITE.
12 The Secretary of Defense shall ensure that the pub-
13 licly accessible internet website of the Department of De-
14 fense that lists individuals who have been awarded certain
15 military awards includes a list of each individual who
16 meets the following criteria:
17 (1) After the date of the enactment of this Act,
18 the individual is awarded the Purple Heart.
19 (2) The individual elects to be included on such
20 list (or, if the individual is deceased, the primary
21 next of kin elects the individual to be included on
22 such list).
•HR 4350 EH
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1 Subtitle J—Miscellaneous Reports
2 and Other Matters
3 SEC. 591. COMMAND CLIMATE ASSESSMENTS: INDE-
4 PENDENT REVIEW; REPORTS.
5 Section 587 of the National Defense Authorization
6 Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C.
7 1561 note) is amended by adding at the end the following:
8 ‘‘(d) INDEPENDENT REVIEW.—During fiscal year
9 2022 and annually thereafter, the Secretary of a military
10 department shall establish an independent command cli-
11 mate review board (in this section referred to as an
12 ‘ICCRB’) for each Armed Force under the jurisdiction of
13 such Secretary.
14 ‘‘(1) DUTIES.—An ICCRB shall review the
15 command climate, at each of no fewer than three
16 military installations of the Armed Force concerned,
17 regarding the following matters:
18 ‘‘(A) Command climate survey results.
19 ‘‘(B) Crime and other public safety issues.
20 ‘‘(C) Prevention of, and responses to,
21 crime at the military installation.
22 ‘‘(D) Prevention of, and responses to, sex-
23 ual assault and sexual harassment at the mili-
24 tary installation.
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1 ‘‘(E) Discrimination and equal opportunity
2 at the military installation.
3 ‘‘(F) Suicides and other deaths of mem-
4 bers serving at the military installation.
5 ‘‘(G) Any other matter determined appro-
6 priate by the Secretary of the military depart-
7 ment concerned or the ICCRB.
8 ‘‘(2) METHODS.—An ICCRB shall conduct such
9 review by means including—
10 ‘‘(A) an anonymous survey;
11 ‘‘(B) focus groups; and
12 ‘‘(C) individual interviews.
13 ‘‘(3) MEMBERSHIP.—An ICCRB shall be com-
14 posed of no fewer than six individuals—
15 ‘‘(A) appointed by the Secretary of the
16 military department concerned;
17 ‘‘(B) with expertise determined to be rel-
18 evant by such Secretary; and
19 ‘‘(C) none of whom may be a member of
20 an Armed Force or civilian employee of the De-
21 partment of Defense.
22 ‘‘(4) SELECTION OF MILITARY INSTALLA-
23 TIONS.—The Secretary of the military department
24 concerned shall select, for review by an ICCRB, mili-
25 tary installations that have—
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1 ‘‘(A) lower-than-average results on com-
2 mand climate surveys;
3 ‘‘(B) higher-than-average crime rates;
4 ‘‘(C) higher-than-average incidence of sui-
5 cide;
6 ‘‘(D) higher-than-average incidence of sex-
7 ual assault and sexual harassment; and
8 ‘‘(E) higher-than-average number of equal
9 opportunity complaints.
10 ‘‘(5) COORDINATION.—The Secretary of De-
11 fense shall direct the Offices of People Analytics,
12 and of Force Resiliency, of the Department of De-
13 fense, to coordinate with an ICCRB.
14 ‘‘(6) REPORTS.—
15 ‘‘(A) Not later than September 30, 2022,
16 and annually thereafter, an ICCRB shall sub-
17 mit to the Secretary of the military department
18 concerned a report containing the results of the
19 most recent review conducted by the ICCRB
20 and recommendations of the ICCRB to improve
21 the climate command at the military installa-
22 tions reviewed.
23 ‘‘(B) Not later than November 30, 2022,
24 and annually thereafter, an ICCRB shall sub-
25 mit to the Committees on Armed Services of
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1 the Senate and House of Representatives the
2 report under subparagraph (A).
3 ‘‘(e) REPORTS.—Not later than April 30, 2023, and
4 annually thereafter—
5 ‘‘(1) the Secretary of a military department
6 shall submit to the Secretary of Defense a report
7 containing, with respect to the most recent climate
8 command assessment for each Armed Force under
9 the jurisdiction of such Secretary of a military de-
10 partment—
11 ‘‘(A) an analysis of responses,
12 disaggregated by, with respect to respondents—
13 ‘‘(i) military installation;
14 ‘‘(ii) unit;
15 ‘‘(iii) major organization (at the bri-
16 gade or equivalent level);
17 ‘‘(iv) major career fields (including
18 combat arms, aviation, logistics, and med-
19 ical);
20 ‘‘(v) ranks, grouped into junior, mid-
21 grade, and senior—
22 ‘‘(I) enlisted; and
23 ‘‘(II) officers (including warrant
24 officers);
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1 ‘‘(vi) in the case of the Navy, sea duty
2 and shore duty;
3 ‘‘(vii) gender;
4 ‘‘(viii) race; and
5 ‘‘(ix) ethnicity; and
6 ‘‘(B) actions taken and planned by the
7 Secretary of a military department to improve
8 negative responses and promote a positive com-
9 mand climate; and
10 ‘‘(2) the Secretary of Defense shall submit to
11 the Committees on Armed Services of the Senate
12 and House of Representatives a report containing,
13 with respect to the most recent climate command as-
14 sessment for each Armed Force—
15 ‘‘(A) a summary of responses,
16 disaggregated by, with respect to respondents—
17 ‘‘(i) Armed Force;
18 ‘‘(ii) military installation at which
19 more than 5,000 members serve;
20 ‘‘(iii) major organization (at the bri-
21 gade or equivalent level);
22 ‘‘(iv) major career fields (including
23 combat arms, aviation, logistics, and med-
24 ical);
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1 ‘‘(v) ranks, grouped into junior, mid-
2 grade, and senior—
3 ‘‘(I) enlisted; and
4 ‘‘(II) officers (including warrant
5 officers);
6 ‘‘(vi) in the case of the Navy, sea duty
7 and shore duty;
8 ‘‘(vii) gender;
9 ‘‘(viii) race; and
10 ‘‘(ix) ethnicity; and
11 ‘‘(B) actions taken and planned by the
12 Secretary of Defense to improve negative re-
13 sponses and promote a positive command cli-
14 mate.’’.
15 SEC. 592. HEALTHY EATING IN THE DEPARTMENT OF DE-
16 FENSE.
17 (a) AUTHORIZATION OF ELEMENT OF THE DEPART-
18 MENT OF DEFENSE; PLAN.—
19 (1) ESTABLISHMENT.—The Secretary of De-
20 fense may establish an element of the Department of
21 Defense responsible for implementing a plan to im-
22 prove access to healthy food on military installations.
23 If established, such element shall—
24 (A) be modelled on the Healthy Base Ini-
25 tiative of the Department; and
•HR 4350 EH
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1 (B) include personnel with—
2 (i) expertise in food service oper-
3 ations;
4 (ii) up-to-date knowledge of modern
5 healthy food delivery systems; and
6 (iii) deep understanding of food serv-
7 ice in the Department.
8 (2) PLAN.—If implemented, the plan under
9 paragraph (1) shall include—
10 (A) leading practices from campus dining
11 services at institutions of higher learning and
12 private entities; and
13 (B) lessons learned from previous efforts
14 of the Secretary to make such improvements.
15 (b) PILOT PROGRAM.—
16 (1) ESTABLISHMENT.—The Secretary may
17 carry out a pilot program to develop and test appro-
18 priate business models that increase the availability,
19 affordability, and acceptability of healthy foods in
20 dining facilities of the Department.
21 (2) LOCATIONS.—For each Armed Force under
22 the jurisdiction of the Secretary of a military depart-
23 ment, the Secretary may establish a pilot program
24 location at a military installation, located within the
25 United States, of—
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1 (A) the regular component of such Armed
2 Force; and
3 (B) a reserve component of such Armed
4 Force.
5 (3) MEAL CARD.—A pilot program under this
6 subsection shall include—
7 (A) expansion of the use of meal cards by
8 members outside of the primary dining facility
9 at the military installation concerned; and
10 (B) providing access to all personnel of
11 such installation access to all dining venues at
12 such installation.
13 (4) PARTNERSHIPS.—The commander of each a
14 military installation described in paragraph (2) may
15 enter into an agreement with a local entity for the
16 purposes of the pilot.
17 SEC. 593. PLANT-BASED PROTEIN PILOT PROGRAM OF THE
18 NAVY.
19 (a) ESTABLISHMENT.—Not later than March 1,
20 2022, the Secretary of the Navy shall establish a pilot pro-
21 gram to offer plant-based protein options at forward oper-
22 ating bases for consumption by members of the Navy.
23 (b) LOCATIONS.—Not later than March 1, 2022, the
24 Secretary shall identify not fewer than two naval facilities
25 to participate in the pilot program and shall prioritize fa-
•HR 4350 EH
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1 cilities (such as Joint Region Marianas, Guam, Navy Sup-
2 port Facility, Diego Garcia, and U.S. Fleet Activities
3 Sasebo, Japan) where livestock-based protein options may
4 be costly to obtain or store.
5 (c) RULE OF CONSTRUCTION.—Nothing in this Act
6 shall be construed to prevent offering livestock-based pro-
7 tein options alongside plant-based protein options at naval
8 facilities identified under subsection (b).
9 (d) TERMINATION.—The requirement to carry out
10 the pilot program established under this section shall ter-
11 minate three years after the date on which the Secretary
12 establishes the pilot program required under this section.
13 (e) REPORT.—Not later than one year after the ter-
14 mination of the pilot program, the Secretary shall submit
15 to the appropriate congressional committees a report on
16 the pilot program that includes the following:
17 (1) The consumption rate of plant-based pro-
18 tein options by members of the Navy under the pilot
19 program.
20 (2) Effective criteria to increase plant-based
21 protein options at naval facilities not identified
22 under subsection (b).
23 (3) An analysis of the costs of obtaining and
24 storing plant-based protein options compared to the
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1 costs of obtaining and storing livestock-based protein
2 options at selected naval facilities.
3 (f) DEFINITIONS.—In this section:
4 (1) APPROPRIATE CONGRESSIONAL COMMIT-
5 TEES.—The term ‘‘appropriate congressional com-
6 mittees’’ means—
7 (A) the Committee on Armed Services of
8 the House of Representatives; and
9 (B) the Committee on Armed Forces of the
10 Senate.
11 (2) PLANT-BASED PROTEIN OPTIONS.—The
12 term ‘‘plant-based protein options’’ means edible
13 products made from plants (such as vegetables,
14 beans, and legumes), fungi, or other non-animal
15 sources of protein.
16 SEC. 594. REPORTS ON MISCONDUCT BY MEMBERS OF SPE-
17 CIAL OPERATIONS FORCES.
18 (a) REPORT REQUIRED.—Not later than 180 days
19 after the date of the enactment of this Act, and every six
20 months thereafter for five years, the Assistant Secretary
21 of Defense for Special Operations and Low Intensity Con-
22 flict shall submit to the Committees on Armed Services
23 of the Senate and House of Representatives a report re-
24 garding misconduct by members of special operations
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1 forces during the six months preceding the date of such
2 report.
3 (b) SPECIAL OPERATIONS FORCES DEFINED.—In
4 this section, the term ‘‘special operations forces’’ means
5 forces described in section 167(j) of title 10, United States
6 Code.
7 SEC. 595. UPDATES AND PRESERVATION OF MEMORIALS TO
8 CHAPLAINS AT ARLINGTON NATIONAL CEME-
9 TERY.
10 (a) UPDATES AND PRESERVATION OF MEMORIALS.—
11 (1) PROTESTANT CHAPLAINS MEMORIAL.—The
12 Secretary of the Army may permit NCMAF—
13 (A) to modify the memorial to Protestant
14 chaplains located on Chaplains Hill to include a
15 granite, marble, or other stone base for the
16 bronze plaque of the memorial;
17 (B) to add an additional plaque to the
18 stone base added pursuant to subparagraph (A)
19 to include the name of each chaplain, verified
20 as described in subsection (b), who died while
21 serving on active duty in the Armed Forces
22 after the date on which the original memorial
23 was placed; and
•HR 4350 EH
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1 (C) to make such other updates and cor-
2 rections to the memorial that may be needed as
3 determined by the Secretary.
4 (2) CATHOLIC AND JEWISH CHAPLAIN MEMO-
5 RIALS.—The Secretary of the Army may permit
6 NCMAF to update and make corrections to the
7 Catholic and Jewish chaplain memorials located on
8 Chaplains Hill that may be needed as determined by
9 the Secretary.
10 (3) NO COST TO FEDERAL GOVERNMENT.—The
11 activities of NCMAF authorized by this subsection
12 shall be carried out at no cost to the Federal Gov-
13 ernment.
14 (b) VERIFICATION OF NAMES.—NCMAF may not in-
15 clude the name of a chaplain on a memorial on Chaplains
16 Hill under subsection (a) unless that name has been
17 verified by the Chief of Chaplains of the Army, Navy, or
18 Air Force or the Chaplain of the United States Marine
19 Corps, depending on the branch of the Armed Forces in
20 which the chaplain served.
21 (c) PROHIBITION ON EXPANSION OF MEMORIALS.—
22 Except as provided in subsection (a)(1)(A), this section
23 may not be construed as authorizing the expansion of any
24 memorial that is located on Chaplains Hill as of the date
25 of the enactment of this Act.
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1 (d) DEFINITIONS.—In this section:
2 (1) The term ‘‘Chaplains Hill’’ means the area
3 in Arlington National Cemetery that, as of the date
4 of the enactment of this Act, is generally identified
5 and recognized as Chaplains Hill.
6 (2) The term ‘‘NCMAF’’ means the National
7 Conference on Ministry to the Armed Forces or any
8 successor organization recognized in law for pur-
9 poses of the operation of this section.
10 SEC. 596. REPORT REGARDING BEST PRACTICES FOR COM-
11 MUNITY ENGAGEMENT.
12 (a) REPORT REQUIRED.—Not later than 180 days
13 after the date of the enactment of this Act, the Assistant
14 Secretary of Defense and the Secretaries of the military
15 departments shall jointly submit to Congress a report on
16 best practices for coordinating relations with State and
17 local governmental entities in the State of Hawaii.
18 (b) BEST PRACTICES.—The best practices referred to
19 in subsection (a) shall address each of the following issues:
20 (1) Identify comparable locations with joint
21 base military installations or of other densely popu-
22 lated metropolitan areas with multiple military in-
23 stallations and summarize lessons learns from any
24 similar efforts to engage with the community and
25 public officials.
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1 (2) Identify all the major community engage-
2 ment efforts by the services, commands, installations
3 and other military organizations in the State of Ha-
4 waii.
5 (3) Evaluate the current community outreach
6 efforts to identify any outreach gaps or coordination
7 challenges that undermine the military engagement
8 with the local community and elected official in the
9 State of Hawaii.
10 (4) Propose options available to create an en-
11 hanced, coordinated community engagement effort in
12 the State of Hawaii based on the department’s eval-
13 uation.
14 (5) Resources to support the coordination de-
15 scribed in this subsection, including the creation of
16 joint liaison offices that are easily accessible to pub-
17 lic officials to facilitate coordinating relations with
18 State and local governmental agencies.
19 SEC. 597. IMPROVED DEPARTMENT OF DEFENSE PREVEN-
20 TION OF AND RESPONSE TO BULLYING IN
21 THE ARMED FORCES.
22 Section 549 of the National Defense Authorization
23 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C.
24 113 note) is amended—
•HR 4350 EH
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1 (1) in the section heading, by inserting ‘‘AND
2 BULLYING’’ after ‘‘HAZING’’;
3 (2) in subsection (a)—
4 (A) in the heading, by inserting ‘‘and anti-
5 bullying’’ after ‘‘Anti-hazing’’;
6 (B) by inserting ‘‘(including formal, infor-
7 mal, and anonymous reports)’’ after ‘‘collection
8 of reports’’; and
9 (C) by inserting ‘‘or bullying’’ after ‘‘haz-
10 ing’’ both places it appears;
11 (3) in subsection (b), by inserting ‘‘and bul-
12 lying’’ after ‘‘hazing’’; and
13 (4) in subsection (c)—
14 (A) in the heading, by inserting ‘‘and bul-
15 lying’’ after ‘‘hazing’’;
16 (B) in paragraph (1)—
17 (i) in the matter preceding subpara-
18 graph (A)—
19 (I) by striking ‘‘January 31,
20 2021’’ and inserting ‘‘January 31,
21 2027’’; and
22 (II) by striking ‘‘each Secretary
23 of a military department, in consulta-
24 tion with the Chief of Staff of each
25 Armed Force under the jurisdiction of
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1 such Secretary,’’ and inserting ‘‘the
2 Secretary of Defense’’;
3 (ii) in subparagraph (A), by inserting
4 ‘‘or bullying’’ after ‘‘hazing’’;
5 (iii) in subparagraph (B), by inserting
6 ‘‘formally, informally, and’’ before ‘‘anony-
7 mously’’; and
8 (iv) in subparagraph (C), by inserting
9 ‘‘and anti-bullying’’ after ‘‘anti-hazing’’;
10 and
11 (C) in amending paragraph (2) to read as
12 follows:
13 ‘‘(2) ADDITIONAL ELEMENTS.—Each report re-
14 quired by this subsection shall include the following:
15 ‘‘(A) A description of comprehensive data-
16 collection systems of each Armed Force de-
17 scribed in subsection (b) and the Office of the
18 Secretary of Defense for collecting hazing or
19 bullying reports involving a member of the
20 Armed Forces, including formal, informal, and
21 anonymous reports.
22 ‘‘(B) A description of processes of each
23 Armed Force described in subsection (b) to
24 identify, document, and report alleged instances
25 of hazing or bullying. Such description shall in-
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1 clude the methodology each such Armed Force
2 uses to categorize and count potential instances
3 of hazing or bullying.
4 ‘‘(C) An assessment by each Secretary of
5 a military department of the quality and need
6 for training on recognizing and preventing haz-
7 ing and bullying provided to members under the
8 jurisdiction of such Secretary.
9 ‘‘(D) An assessment by the Office of the
10 Secretary of Defense of—
11 ‘‘(i) the effectiveness of each Armed
12 Force described in subsection (b) in track-
13 ing and reporting instances of hazing or
14 bullying;
15 ‘‘(ii) whether the performance of each
16 such Armed Force was satisfactory or un-
17 satisfactory in the preceding fiscal year.
18 ‘‘(E) Recommendations of the Secretary to
19 improve—
20 ‘‘(i) elements described in subpara-
21 graphs (A) through (D).
22 ‘‘(ii) the Uniform Code of Military
23 Justice or the Manual for Courts-Martial
24 to improve the prosecution of persons al-
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1 leged to have committed hazing or bullying
2 in the Armed Forces.
3 ‘‘(F) The status of efforts of the Secretary
4 to evaluate the prevalence of hazing and bul-
5 lying in the Armed Forces.
6 ‘‘(G) Data on allegations of hazing and
7 bullying in the Armed Forces, including—
8 ‘‘(i) number of formal, informal, and
9 anonymous reports; and
10 ‘‘(ii) final disposition of investigations.
11 ‘‘(H) Plans of the Secretary to improve
12 hazing and bullying prevention and response
13 during the next reporting year.’’.
14 SEC. 598. ADDITION OF ELEMENT TO REPORT REGARDING
15 THE DESIGNATION OF EXPLOSIVE ORD-
16 NANCE DISPOSAL CORPS AS A BASIC BRANCH
17 OF THE ARMY.
18 Section 582(b)(2) of the National Defense Authoriza-
19 tion Act for Fiscal Year 2018 (Public Law 115–91; 10
20 U.S.C. 3063 note) is amended by adding at the end the
21 following new subparagraph:
22 ‘‘(H) The Secretary of the Army has des-
23 ignated an Assistant Secretary of the Army as
24 the key individual responsible for developing
25 and overseeing policy, plans, programs, and
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1 budgets, and issuing guidance and providing di-
2 rection on the explosive ordnance disposal ac-
3 tivities of the Army.’’.
4 SEC. 599. MILITARY JUSTICE CAREER TRACK FOR JUDGE
5 ADVOCATES.
6 (a) ESTABLISHMENT.—Each Secretary of a military
7 department shall establish a military justice career track
8 for judge advocates under the jurisdiction of the Sec-
9 retary.
10 (b) REQUIREMENTS.—In establishing a military jus-
11 tice career track under subsection (a) the Secretary con-
12 cerned shall—
13 (1) ensure that the career track leads to judge
14 advocates with military justice expertise in the grade
15 of colonel, or in the grade of captain in the case of
16 judge advocates of the Navy, to prosecute and de-
17 fend complex cases in military courts-martial;
18 (2) include the use of skill identifiers to identify
19 judge advocates for participation in the career track
20 from among judge advocates having appropriate skill
21 and experience in military justice matters;
22 (3) issue guidance for promotion boards consid-
23 ering the selection for promotion of officers partici-
24 pating in the career track in order to ensure that
25 judge advocates who are participating in the career
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1 track have the same opportunity for promotion as all
2 other judge advocate officers being considered for
3 promotion by such boards.
4 (c) SECRETARY CONCERNED DEFINED.—In this sec-
5 tion, the term ‘‘Secretary concerned’’ has the meaning
6 given that term in section 101(a)(9) of title 10, United
7 States Code.
8 SEC. 599A. ANNUAL REPORT REGARDING COST OF LIVING
9 FOR MEMBERS AND EMPLOYEES OF THE DE-
10 PARTMENT OF DEFENSE.
11 Section 136 of title 10, United States Code, is
12 amended by adding at the end the following new sub-
13 section:
14 ‘‘(e) The Under Secretary of Defense for Personnel
15 and Readiness shall submit annually to the Committees
16 on Armed Services of the Senate and House of Represent-
17 atives a report containing an analysis of the costs of living,
18 nationwide, for—
19 ‘‘(1) members of the Armed Forces on active
20 duty; and
21 ‘‘(2) employees of the Department of Defense.’’.
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1 SEC. 599B. COMPTROLLER GENERAL ASSESSMENT OF
2 QUALITY AND NUTRITION OF FOOD AVAIL-
3 ABLE AT MILITARY INSTALLATIONS FOR
4 MEMBERS OF THE ARMED FORCES.
5 (a) ASSESSMENT.—The Comptroller General of the
6 United States shall conduct an assessment of the quality
7 and nutrition of food available at military installations for
8 members of the Armed Forces.
9 (b) ELEMENTS.—The assessment required by sub-
10 section (a) shall include the following:
11 (1) A description of the extent to which data is
12 being collected on the nutritional food options avail-
13 able at military installations for members of the
14 Armed Forces, including the fat, sodium, and fiber
15 content of hot line foods.
16 (2) An assessment of the extent to which the
17 Department of Defense has evaluated whether the
18 nutritional food options described in paragraph (1)
19 meet or exceed the daily nutrition standards for
20 adults set forth by the Department of Agriculture.
21 (3) A description of how the Secretary inte-
22 grates and coordinates nutrition recommendations,
23 policies, and pertinent information through the
24 Interagency Committee on Human Nutrition Re-
25 search.
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1 (4) An assessment of the extent to which the
2 Department of Defense has evaluated how such rec-
3 ommendations, policies, and information affect
4 health outcomes of members of the Armed Forces or
5 retention rates for those members who do not meet
6 physical standards set forth by the Department.
7 (5) A description of how the Secretary gathers
8 input on the quality of food service options provided
9 to members of the Armed Forces.
10 (6) An assessment of how the Department of
11 Defense tracks the attitudes and perceptions of
12 members of the Armed Forces on the quality of food
13 service operations at military installations in terms
14 of availability during irregular hours, accessibility,
15 portion, price, and quality.
16 (7) An assessment of access by members of the
17 Armed Forces to high-quality food options on mili-
18 tary installations, such as availability of food outside
19 typical meal times or options for members not lo-
20 cated in close proximity to dining facilities at a mili-
21 tary installation.
22 (8) Such recommendations as the Comptroller
23 General may have to address any findings related to
24 the quality and availability of food options provided
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1 to members of the Armed Forces by the Department
2 of Defense.
3 (c) BRIEFING AND REPORT.—
4 (1) BRIEFING.—Not later than 180 days after
5 the date of the enactment of this Act, the Comp-
6 troller General shall brief the Committees on Armed
7 Services of the Senate and the House of Representa-
8 tives on the status of the assessment conducted
9 under subsection (a).
10 (2) REPORT.—Not later than one year after the
11 briefing under paragraph (1), the Comptroller Gen-
12 eral shall submit to the Committees on Armed Serv-
13 ices of the Senate and the House of Representatives
14 a report on the assessment conducted under sub-
15 section (a).
16 SEC. 599C. STUDY AND REPORT ON HERBICIDE AGENT EX-
17 POSURE IN PANAMA CANAL ZONE.
18 (a) STUDY.—The Secretary of Defense shall conduct
19 a study on the exposure of members of the Armed Forces
20 to herbicide agents, including Agent Orange and Agent
21 Purple, in the Panama Canal Zone during the period be-
22 ginning on January 1, 1958, and ending on December 31,
23 1999.
24 (b) REPORT.—Not later than one year after the date
25 of the enactment of this Act, the Secretary shall submit
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1 to Congress a report on the study conducted under sub-
2 section (a).
3 SEC. 599D. REPORT ON REQUESTS FOR EQUITABLE AD-
4 JUSTMENT IN DEPARTMENT OF THE NAVY.
5 (a) REPORT REQUIRED.—Not later than 60 days
6 after the date of the enactment of this Act, the Secretary
7 of the Navy shall submit to the congressional defense com-
8 mittees a report detailing the processing of Requests for
9 Equitable Adjustment by the Department of the Navy, in-
10 cluding progress in complying with the covered directive.
11 (b) CONTENTS.—The report required under sub-
12 section (a) shall include, at a minimum, the following:
13 (1) The number of Requests for Equitable Ad-
14 justment submitted since October 1, 2011.
15 (2) The organizations within the Department of
16 the Navy to which such Requests were submitted.
17 (3) The number of Requests for Equitable Ad-
18 justment outstanding as of the date of the enact-
19 ment of this Act.
20 (4) The number of Requests for Equitable Ad-
21 justment agreed to but not paid as of the date of the
22 enactment of this Act, including a description of why
23 each such Request has not been paid.
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1 (5) A detailed explanation of the efforts by the
2 Department of the Navy to ensure compliance with
3 the covered directive.
4 (c) COVERED DIRECTIVE DEFINED.—In this section,
5 the term ‘‘covered directive’’ means the directive of the
6 Assistant Secretary of the Navy for Research, Develop-
7 ment, and Acquisition, dated March 20, 2020, directing
8 payment of all settled Requests for Equitable Adjustment
9 and the expeditious resolution of all remaining Requests
10 for Equitable Adjustment.
11 SEC. 599E. GAO STUDY ON TATTOO POLICIES OF THE
12 ARMED FORCES.
13 (a) STUDY.—The Comptroller General of the United
14 States shall evaluate the tattoo policies of each Armed
15 Force, including—
16 (1) the effects of such policies on recruitment,
17 retention, reenlistment of members of the Armed
18 Forces; and
19 (2) processes for waivers to such policies to re-
20 cruit, retain, or reenlist members who have unau-
21 thorized tattoos.
22 (b) REPORT.—Not later than March 31, 2022, the
23 Comptroller General shall submit to the Committees on
24 Armed Services of the Senate and House of Representa-
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1 tives a report containing the results of the evaluations
2 under subsection (a).
3 TITLE VI—COMPENSATION AND
4 OTHER PERSONNEL BENEFITS
5 Subtitle A—Pay and Allowances
6 SEC. 601. BASIC NEEDS ALLOWANCE FOR LOW-INCOME
7 REGULAR MEMBERS.
8 (a) IN GENERAL.—Chapter 7 of title 37, United
9 States Code, is amended by inserting after section 402a
10 the following new section:
11 ‘‘§ 402b. Basic needs allowance for low-income reg-
12 ular members
13 ‘‘(a) ALLOWANCE REQUIRED.—(1) Subject to para-
14 graph (2), the Secretary of Defense shall pay to each cov-
15 ered member a basic needs allowance in the amount deter-
16 mined for such member under subsection (b).
17 ‘‘(2) In the event a household contains two or more
18 covered members entitled to receive the allowance under
19 this section in a given year, only one allowance may be
20 paid for that year to a covered member among such cov-
21 ered members whom such covered members shall jointly
22 elect.
23 ‘‘(b) AMOUNT OF ALLOWANCE FOR A COVERED
24 MEMBER.—(1) The amount of the monthly allowance pay-
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1 able to a covered member under subsection (a) for a year
2 shall be the aggregate amount equal to—
3 ‘‘(A) the aggregate amount equal to—
4 ‘‘(i) 130 percent of the Federal poverty guide-
5 lines of the Department of Health and Human Serv-
6 ices for the location and number of persons in the
7 household of the covered member for such year;
8 minus
9 ‘‘(ii) the gross household income of the covered
10 member during the preceding year; and
11 ‘‘(B) divided by 12.
12 ‘‘(2) The monthly allowance payable to a covered
13 member for a year shall be payable for each of the 12
14 months following March of such year.
15 ‘‘(c) NOTICE OF ELIGIBILITY.—(1)(A) Not later than
16 December 31 each year, the Director of the Defense Fi-
17 nance and Accounting Service shall notify, in writing, each
18 individual whom the Director estimates will be a covered
19 member during the following year of the potential entitle-
20 ment of that individual to the allowance described in sub-
21 section (a) for that following year.
22 ‘‘(B) The preliminary notice under subparagraph (A)
23 shall include information regarding financial management
24 and assistance programs administered by the Secretary of
25 Defense for which a covered member is eligible.
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1 ‘‘(2) Not later than January 31 each year, each indi-
2 vidual who seeks to receive the allowance for such year
3 (whether or not subject to a notice for such year under
4 paragraph (1)) shall submit to the Director such informa-
5 tion as the Director shall require for purposes of this sec-
6 tion in order to determine whether or not such individual
7 is a covered member for such year.
8 ‘‘(3) Not later than February 28 each year, the Di-
9 rector shall notify, in writing, each individual the Director
10 determines to be a covered member for such year.
11 ‘‘(d) ELECTION NOT TO RECEIVE ALLOWANCE.—(1)
12 A covered member otherwise entitled to receive the allow-
13 ance under subsection (a) for a year may elect, in writing,
14 not to receive the allowance for such year. Any election
15 under this subsection shall be effective only for the year
16 for which made. Any election for a year under this sub-
17 section is irrevocable.
18 ‘‘(2) A covered member who does not submit informa-
19 tion described in subsection (d)(2) for a year as otherwise
20 required by that subsection shall be deemed to have elect-
21 ed not to receive the allowance for such year.
22 ‘‘(e) DEFINITIONS.—In this section:
23 ‘‘(1) The term ‘covered member’ means a reg-
24 ular member of an armed force under the jurisdic-
25 tion of the Secretary of a military department—
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1 ‘‘(A) who has completed initial entry train-
2 ing;
3 ‘‘(B) whose gross household income during
4 the most recent year did not exceed an amount
5 equal to 130 percent of the Federal poverty
6 guidelines of the Department of Health and
7 Human Services for the location and number of
8 persons in the household of the covered member
9 for such year; and
10 ‘‘(C) who does not elect under subsection
11 (d) not to receive the allowance for such year.
12 ‘‘(2) The term ‘gross household income’ of a
13 covered member for a year for purposes of para-
14 graph (1)(B) does not include any basic allowance
15 for housing received by the covered member (and
16 any dependents of the covered member in the house-
17 hold of the covered member) during such year under
18 section 403 of this title.
19 ‘‘(f) REGULATIONS.—The Secretary of Defense shall
20 prescribe regulations for the administration of this section.
21 Subject to subsection (e)(2), such regulations shall specify
22 the income to be included in, and excluded from, the gross
23 household income of individuals for purposes of this sec-
24 tion.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections
2 at the beginning of chapter 7 of such title is amended by
3 inserting after the item relating to section 402a the fol-
4 lowing new item:
‘‘402b. Basic needs allowance for low-income regular members.’’.
5 SEC. 602. EQUAL INCENTIVE PAY FOR MEMBERS OF THE
6 RESERVE COMPONENTS OF THE ARMED
7 FORCES.
8 (a) IN GENERAL.—Subchapter II of chapter 5 of title
9 37, United States Code, is amended by adding at the end
10 the following new section:
11 ‘‘§ 357. Incentive pay authorities for members of the
12 reserve components of the armed forces
13 ‘‘Notwithstanding section 1004 of this title, the Sec-
14 retary concerned shall pay a member of the reserve compo-
15 nent of an armed force incentive pay in the same monthly
16 amount as that paid to a member in the regular compo-
17 nent of such armed force performing comparable work re-
18 quiring comparable skills.’’.
19 (b) TECHNICAL AMENDMENT.—The table of sections
20 at the beginning of such chapter is amended by inserting
21 after the item relating to section 356 the following:
‘‘357. Incentive pay authorities for members of the reserve components of the
armed forces.’’.
22 (c) REPORT.—Not later than September 30, 2022,
23 the Secretary of Defense shall submit to the Committees
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1 on Armed Services a report regarding the plan of the Sec-
2 retary to implement section 357 of such title, as added
3 by subsection (a), an estimate of the costs of such imple-
4 mentation, and the number of members described in such
5 section.
6 SEC. 603. EXPANSIONS OF CERTAIN TRAVEL AND TRANS-
7 PORTATION AUTHORITIES.
8 (a) LODGING IN KIND FOR RESERVE COMPONENT
9 MEMBERS PERFORMING TRAINING.—
10 (1) IN GENERAL.—Section 12604 of title 10,
11 United States Code, is amended by adding at the
12 end the following new subsection:
13 ‘‘(c) LODGING IN KIND.—(1) In the case of a mem-
14 ber of a reserve component performing active duty for
15 training or inactive-duty training who is not otherwise en-
16 titled to travel and transportation allowances in connec-
17 tion with such duty, the Secretary concerned may reim-
18 burse the member for housing service charge expenses in-
19 curred by the member in occupying transient government
20 housing during the performance of such duty. If transient
21 government housing is unavailable or inadequate, the Sec-
22 retary concerned may provide the member with lodging in
23 kind.
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1 ‘‘(2) Any payment or other benefit under this sub-
2 section shall be provided in accordance with regulations
3 prescribed by the Secretary concerned.
4 ‘‘(3) The Secretary may pay service charge expenses
5 under paragraph (1) and expenses of providing lodging in
6 kind under such paragraph out of funds appropriated for
7 operation and maintenance for the reserve component con-
8 cerned. Use of a Government charge card is authorized
9 for payment of these expenses.
10 ‘‘(4) Decisions regarding the availability or adequacy
11 of government housing at a military installation under
12 paragraph (1) shall be made by the installation com-
13 mander.’’.
14 (2) CONFORMING AMENDMENT.—Section 474
15 of title 37, United States Code, is amended by strik-
16 ing subsection (i).
17 (b) MANDATORY PET QUARANTINE FEES FOR
18 HOUSEHOLD PETS.—Section 451(b)(8) of title 37, United
19 States Code, is amended by adding at the end the fol-
20 lowing: ‘‘Such costs include pet quarantine expenses.’’.
21 (c) STUDENT DEPENDENT TRANSPORTATION.—
22 (1) IN GENERAL.—Section 452(b) of title 37,
23 United States Code, is amended by adding at the
24 end the following new paragraphs:
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1 ‘‘(18) Travel by a dependent child to the United
2 States to obtain formal secondary, undergraduate,
3 graduate, or vocational education, if the permanent
4 duty assignment location of the member of the uni-
5 formed services is outside the continental United
6 States (other than in Alaska or Hawaii).
7 ‘‘(19) Travel by a dependent child within the
8 United States to obtain formal secondary, under-
9 graduate, graduate, or vocational education, if the
10 permanent duty assignment location of the member
11 of the uniformed services is in Alaska or Hawaii and
12 the school is located in a State outside of the perma-
13 nent duty assignment location.’’.
14 (2) DEFINITIONS.—Section 451 of title 37,
15 United States Code, as amended by subsection (b) of
16 this section, is amended—
17 (A) in subsection (a)(2)(H), by adding at
18 the end the following new clauses:
19 ‘‘(vii) Transportation of a dependent
20 child of a member of the uniformed serv-
21 ices to the United States to obtain formal
22 secondary, undergraduate, graduate, or vo-
23 cational education, if the permanent duty
24 assignment location of the member is out-
•HR 4350 EH
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1 side the continental United States (other
2 than in Alaska or Hawaii).
3 ‘‘(viii) Transportation of a dependent
4 child of a member of the uniformed serv-
5 ices within the United States to obtain for-
6 mal secondary, undergraduate, graduate,
7 or vocational education, if the permanent
8 duty assignment location of the member is
9 in Alaska or Hawaii and the school is lo-
10 cated in a State outside of the permanent
11 duty assignment location.’’; and
12 (B) in subsection (b), by adding at the end
13 the following new paragraph:
14 ‘‘(10)(A) The term ‘permanent duty assignment
15 location’ means—
16 ‘‘(i) the official station of a member of the
17 uniformed services; or
18 ‘‘(ii) the residence of a dependent of a
19 member of the uniformed services.
20 ‘‘(B) As used in subparagraph (A)(ii), the resi-
21 dence of a dependent who is a student not living
22 with the member while at school is the permanent
23 duty assignment location of the dependent student.’’.
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1 (d) DEPENDENT TRANSPORTATION INCIDENT TO
2 SHIP CONSTRUCTION, INACTIVATION, AND OVER-
3 HAULING.—
4 (1) IN GENERAL.—Section 452 of title 37,
5 United States Code, as amended by subsection (c) of
6 this section, is further amended—
7 (A) in subsection (b), by adding at the end
8 the following new paragraph:
9 ‘‘(20) Subject to subsection (i), travel by a de-
10 pendent to a location where a member of the uni-
11 formed services is on permanent duty aboard a ship
12 that is overhauling, inactivating, or under construc-
13 tion.’’; and
14 (B) by adding at the end the following new
15 subsection:
16 ‘‘(i) DEPENDENT TRANSPORTATION INCIDENT TO
17 SHIP CONSTRUCTION, INACTIVATION, AND OVER-
18 HAULING.—The authority under subsection (a) for travel
19 in connection with circumstances described in subsection
20 (b)(19) shall be subject to the following terms and condi-
21 tions:
22 ‘‘(1) The Service member must be permanently
23 assigned to the ship for 31 or more consecutive days
24 to be eligible for allowances, and the transportation
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1 allowances accrue on the 31st day and every 60 days
2 thereafter.
3 ‘‘(2) Transportation in kind, reimbursement for
4 personally procured transportation, or a monetary
5 allowance for mileage in place of the cost of trans-
6 portation may be provided, in lieu of the member’s
7 entitlement to transportation, for the member’s de-
8 pendents from the location that was the home port
9 of the ship before commencement of overhaul or in-
10 activation to the port of overhaul or inactivation.
11 ‘‘(3) The total reimbursement for transpor-
12 tation for the member’s dependents may not exceed
13 the cost of one Government-procured commercial
14 round-trip travel.’’.
15 (2) DEFINITIONS.—Section 451(a)(2)(H) of
16 title 37, United States Code, as amended by sub-
17 section (c) of this section, is further amended by
18 adding at the end the following new clause:
19 ‘‘(ix) Transportation of a dependent
20 to a location where a member of the uni-
21 formed services is on permanent duty
22 aboard a ship that is overhauling, inac-
23 tivating, or under construction.’’.
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1 SEC. 604. UNREIMBURSED MOVING EXPENSES FOR MEM-
2 BERS OF THE ARMED FORCES: REPORT; POL-
3 ICY.
4 (a) REPORT.—Not later than 60 days after the date
5 of the enactment of this Act, the Secretary of Defense
6 shall submit to the Committees on Armed Services of the
7 Senate and House of Representatives a report on unreim-
8 bursed moving expenses incurred by members of the
9 Armed Forces and their families, disaggregated by Armed
10 Force, rank, and military housing area. In such report,
11 the Secretary shall examine the root causes of such unre-
12 imbursed expenses.
13 (b) POLICY.—The Secretary shall establish a uniform
14 policy regarding unreimbursed expenses described in sub-
15 section (a).
16 SEC. 605. REPORT ON RELATIONSHIP BETWEEN BASIC AL-
17 LOWANCE FOR HOUSING AND SIZES OF MILI-
18 TARY FAMILIES.
19 Not later than 60 days after the date of the enact-
20 ment of this Act, the Secretary of Defense shall submit
21 to the Committees on Armed Services of the Senate and
22 House of Representatives a report on whether the basic
23 allowance for housing under section 403 of title 37, United
24 States Code, is sufficient for the average family size of
25 members of the Armed Forces, disaggregated by Armed
26 Force, rank, and military housing area.
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1 SEC. 606. REPORT ON TEMPORARY LODGING EXPENSES IN
2 COMPETITIVE HOUSING MARKETS.
3 Not later than 60 days after the date of the enact-
4 ment of this Act, the Secretary of Defense shall submit
5 to the Committees on Armed Services of the Senate and
6 House of Representatives a report on the appropriateness
7 of the maximum payment period of 10 days under sub-
8 section (c) of section 474a of title 37, United States Code
9 in highly competitive housing markets. Such report shall
10 include how the Secretary educates members of the Armed
11 Forces and their families about their ability to request
12 payment under such section.
13 SEC. 607. REPORT ON RENTAL PARTNERSHIP PROGRAMS.
14 (a) REPORT REQUIRED.—Not later than 120 days
15 after the date of the enactment of this Act, the Secretary
16 of Defense shall submit to the appropriate congressional
17 committees a report on the rental partnership programs
18 of the Armed Forces. Such report shall include—
19 (1) the numbers and percentages of members of
20 the Armed Forces who do not live in housing located
21 on military installations who participate in such pro-
22 grams; and
23 (2) the recommendation of the Secretary wheth-
24 er Congress should establish annual funding for
25 such programs and, if so, what in amounts.
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1 (b) APPROPRIATE CONGRESSIONAL COMMITTEES
2 DEFINED.—In this section, the term ‘‘appropriate con-
3 gressional committees’’ means the following:
4 (1) The Committee on Armed Services of the
5 House of Representatives.
6 (2) The Committee on Armed Services of the
7 Senate.
8 (3) The Committee on Transportation and In-
9 frastructure of the House of Representatives.
10 (4) The Committee on Commerce, Science, and
11 Transportation of the Senate.
12 Subtitle B—Bonuses and Incentive
13 Pays
14 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING
15 BONUS AND SPECIAL PAY AUTHORITIES.
16 (a) AUTHORITIES RELATING TO RESERVE
17 FORCES.—Section 910(g) of title 37, United States Code,
18 relating to income replacement payments for reserve com-
19 ponent members experiencing extended and frequent mo-
20 bilization for active duty service, is amended by striking
21 ‘‘December 31, 2021’’ and inserting ‘‘December 31,
22 2022’’.
23 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH
24 CARE PROFESSIONALS.—The following sections of title
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1 10, United States Code, are amended by striking ‘‘Decem-
2 ber 31, 2021’’ and inserting ‘‘December 31, 2022’’:
3 (1) Section 2130a(a)(1), relating to nurse offi-
4 cer candidate accession program.
5 (2) Section 16302(d), relating to repayment of
6 education loans for certain health professionals who
7 serve in the Selected Reserve.
8 (c) AUTHORITIES RELATING TO NUCLEAR OFFI-
9 CERS.—Section 333(i) of title 37, United States Code, is
10 amended by striking ‘‘December 31, 2021’’ and inserting
11 ‘‘December 31, 2022’’.
12 (d) AUTHORITIES RELATING TO TITLE 37 CONSOLI-
13 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU-
14 THORITIES.—The following sections of title 37, United
15 States Code, are amended by striking ‘‘December 31,
16 2021’’ and inserting ‘‘December 31, 2022’’:
17 (1) Section 331(h), relating to general bonus
18 authority for enlisted members.
19 (2) Section 332(g), relating to general bonus
20 authority for officers.
21 (3) Section 334(i), relating to special aviation
22 incentive pay and bonus authorities for officers.
23 (4) Section 335(k), relating to special bonus
24 and incentive pay authorities for officers in health
25 professions.
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1 (5) Section 336(g), relating to contracting
2 bonus for cadets and midshipmen enrolled in the
3 Senior Reserve Officers’ Training Corps.
4 (6) Section 351(h), relating to hazardous duty
5 pay.
6 (7) Section 352(g), relating to assignment pay
7 or special duty pay.
8 (8) Section 353(i), relating to skill incentive
9 pay or proficiency bonus.
10 (9) Section 355(h), relating to retention incen-
11 tives for members qualified in critical military skills
12 or assigned to high priority units.
13 (e) AUTHORITY TO PROVIDE TEMPORARY INCREASE
14 IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section
15 403(b)(7)(E) of title 37, United States Code, is amended
16 by striking ‘‘December 31, 2021’’ and inserting ‘‘Decem-
17 ber 31, 2022’’.
18 Subtitle C—Family and Survivor
19 Benefits
20 SEC. 621. EXPANSION OF PARENTAL LEAVE FOR MEMBERS
21 OF THE ARMED FORCES.
22 (a) EXPANSION.—Section 701 of title 10, United
23 States Code, is amended—
24 (1) in subsection (i)—
25 (A) in paragraph (1)—
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1 (i) in subparagraph (A), by striking
2 ‘‘twelve weeks’’ and inserting ‘‘18 weeks’’;
3 (ii) in subparagraph (B), by striking
4 ‘‘six weeks’’ and inserting ‘‘12 weeks’’; and
5 (iii) by adding at the end the fol-
6 lowing new subparagraph:
7 ‘‘(C) Under the regulations prescribed for purposes
8 of this subsection, a member of the armed forces described
9 in paragraph (2) who is the primary caregiver in the case
10 of a long-term placement of a foster child is allowed up
11 to 12 weeks of total leave to be used in connection with
12 such placement, subject to limits as determined by the
13 Secretary regarding—
14 ‘‘(i) the total number of times that a member
15 of the armed forces may use leave under this section
16 with respect to the placement of a foster child; and
17 ‘‘(ii) the frequency with which a member of the
18 armed forces may use leave under this section with
19 respect to the placement of a foster child.’’;
20 (B) in paragraph (5), by striking ‘‘birth or
21 adoption’’ and inserting ‘‘birth, adoption, or
22 foster child placement’’; and
23 (C) in paragraph (6)(A), by striking ‘‘birth
24 or adoption’’ and inserting ‘‘birth, adoption, or
25 foster child placement’’;
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1 (2) in subsection (j)—
2 (A) in paragraph (1), by striking ‘‘21
3 days’’ and inserting ‘‘12 weeks’’;
4 (B) by redesignating paragraphs (2)
5 through (4) as paragraphs (3) through (5), re-
6 spectively;
7 (C) by inserting, after paragraph (1), the
8 following new paragraph (2):
9 ‘‘(2) Under the regulations prescribed for purposes
10 of this subsection, a member of the armed forces described
11 in subsection (i)(2) who is the secondary caregiver in the
12 case of a long-term placement of a foster child is allowed
13 up to 12 weeks of total leave to be used in connection
14 with such placement, subject to limits as determined by
15 the Secretary regarding—
16 ‘‘(A) the total number of times that a member
17 of the armed forces may use leave under this section
18 with respect to the placement of a foster child; and
19 ‘‘(B) the frequency with which a member of the
20 armed forces may use leave under this section with
21 respect to the placement of a foster child.’’;
22 (D) in paragraph (4), as redesignated, by
23 striking ‘‘only in one increment in connection
24 with such birth or adoption’’ and inserting ‘‘in
25 more than one increment in connection with
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1 such birth, adoption, or foster child placement
2 in accordance with regulations prescribed by the
3 Secretary of Defense’’; and
4 (E) by adding at the end the following new
5 paragraph (6):
6 ‘‘(6) Under regulations prescribed for purposes of
7 this subsection, the Secretary shall provide a member of
8 the armed forces described in subsection (i)(2), who would
9 have been a secondary caregiver but for a miscarriage,
10 stillbirth, or infant death, with leave—
11 ‘‘(A) in addition to leave under subsection (a);
12 and
13 ‘‘(B) not to exceed the amount of leave under
14 paragraph (1).’’;
15 (3) in subsection (l), by inserting ‘‘ordered to
16 temporary duty overnight travel, or ordered to par-
17 ticipate in physically demanding field training exer-
18 cises,’’ before ‘‘during’’; and
19 (4) by adding at the end the following new sub-
20 section (m):
21 ‘‘(m) A member of the armed forces who gives birth
22 while on active duty may be required to meet body com-
23 position standards or pass a physical fitness test during
24 the period of 12 months beginning on the date of such
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1 birth only with the approval of a health care provider em-
2 ployed at a military medical treatment facility and—
3 ‘‘(1) at the election of such member; or
4 ‘‘(2) in the interest of national security, as de-
5 termined by the Secretary of Defense.’’.
6 (b) REGULATIONS; GUIDANCE AND POLICIES.—
7 (1) REGULATIONS.—The Secretary of Defense
8 shall prescribe regulations—
9 (A) for leave under subsection (i)(1)(C)
10 and subsection (j)(2) of section 701 of title 10,
11 United States Code, as amended by subsection
12 (a), not later than one year after the date of
13 the enactment of this Act;
14 (B) that establish leave, consistent across
15 the Armed Forces, under subsection (j)(6) of
16 such section not later than one year after the
17 date of the enactment of this Act; and
18 (C) that establish convalescent leave, con-
19 sistent across the Armed Forces, under sub-
20 section (i)(1) of such section not later than 180
21 days after the date of the enactment of this
22 Act.
23 (2) GUIDANCE AND POLICIES.—Each Secretary
24 of a military department shall prescribe—
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1 (A) policies to establish the maximum
2 amount of leave under subsection (i)(1) of sec-
3 tion 701 of title 10, United States Code, as
4 amended by subsection (a), not later than one
5 year after the date of the enactment of this Act;
6 (B) policies to implement leave under sub-
7 section (i)(5) or (j)(4) of such section not later
8 than 180 days after the date of the enactment
9 of this Act;
10 (C) policies to implement not less than 21
11 days of leave pursuant to regulations prescribed
12 under paragraphs (1) and (2) of subsection (j)
13 of such section not later than one year after the
14 date of the enactment of this Act; and
15 (D) policies to implement the maximum
16 amount of leave pursuant to regulations pre-
17 scribed under paragraphs (1) and (2) of sub-
18 section (j) of such section not later than five
19 years after the date of the enactment of this
20 Act.
21 (c) REPORTING.—Not later than January 1, 2023,
22 and annually thereafter, each Secretary of a military de-
23 partment shall submit to the appropriate congressional
24 committees a report containing the following:
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1 (1) The use, during the preceding fiscal year, of
2 leave under subsections (i) and (j) of section 701 of
3 title 10, United States Code, as amended by sub-
4 section (a), disaggregated by births, adoptions, and
5 foster placements, including—
6 (A) the number of members in each Armed
7 Force under the jurisdiction of the Secretary
8 who became primary caregivers;
9 (B) the number of members in each Armed
10 Force under the jurisdiction of the Secretary
11 who became secondary caregivers;
12 (C) the number of primary caregivers who
13 used primary caregiver leave;
14 (D) the number of secondary caregivers
15 who used secondary caregiver leave;
16 (E) the number of primary caregivers who
17 used the maximum amount of primary caregiver
18 leave;
19 (F) the number of secondary caregivers
20 who used the maximum amount of secondary
21 caregiver leave;
22 (G) the number of primary caregivers who
23 utilized primary caregiver leave in multiple in-
24 crements;
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1 (H) the number of secondary caregivers
2 who utilized primary caregiver leave in multiple
3 increments;
4 (I) the median duration of primary care-
5 giver leave used by primary caregivers;
6 (J) the median duration of secondary care-
7 giver leave used by secondary caregivers; and
8 (K) other information the Secretary deter-
9 mines appropriate.
10 (2) An analysis of the effect of leave described
11 in paragraph (1) on—
12 (A) readiness; and
13 (B) retention.
14 (3) Any actions taken by the Secretary to miti-
15 gate negative effects described in paragraph (2).
16 (4) The number of members deployed under
17 each paragraph of subsection (l) of section 701 of
18 title 10, United States Code, as amended by sub-
19 section (a).
20 (d) APPROPRIATE CONGRESSIONAL COMMITTEES
21 DEFINED.—In this section, the term ‘‘appropriate con-
22 gressional committees’’ means—
23 (1) The Committee on Armed Services of the
24 House of Representatives.
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1 (2) The Committee on Armed Services of the
2 Senate.
3 (3) The Committee on Transportation and In-
4 frastructure of the House of Representatives.
5 (4) The Committee on Commerce, Science, and
6 Transportation of the Senate.
7 SEC. 622. TRANSITIONAL COMPENSATION AND BENEFITS
8 FOR THE FORMER SPOUSE OF A MEMBER OF
9 THE ARMED FORCES WHO ALLEGEDLY COM-
10 MITTED A DEPENDENT-ABUSE OFFENSE DUR-
11 ING MARRIAGE.
12 (a) IN GENERAL.—Section 1059 of title 10, United
13 States Code, is amended—
14 (1) in the heading—
15 (A) by striking ‘‘separated for’’ and in-
16 serting ‘‘who commit’’; and
17 (B) by inserting ‘‘; health care’’ after
18 ‘‘exchange benefits’’;
19 (2) in subsection (b)—
20 (A) in the heading, by striking ‘‘PUNITIVE
21 AND OTHER ADVERSE ACTIONS COVERED’’ and
22 inserting ‘‘COVERED MEMBERS’’;
23 (B) in paragraph (2), by striking ‘‘of-
24 fense.’’ and inserting ‘‘offense; or’’; and
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1 (C) by adding at the end the following new
2 paragraph:
3 ‘‘(3) who is not described in paragraph (1) or
4 (2) and whose former spouse alleges that the mem-
5 ber committed a dependent-abuse offense—
6 ‘‘(A) during the marriage to the former
7 spouse;
8 ‘‘(B) for which the applicable statute of
9 limitations has not lapsed; and
10 ‘‘(C) that an incident determination com-
11 mittee determines meets the criteria for
12 abuse.’’;
13 (3) in subsection (e)(1)—
14 (A) in subparagraph (A)(ii), by striking ‘‘;
15 and’’ and inserting a semicolon;
16 (B) in subparagraph (B), by striking the
17 period at the end and inserting ‘‘; and’’; and
18 (C) by adding at the end the following new
19 subparagraph:
20 ‘‘(C) in the case of a member described in sub-
21 section (b)(3), shall commence upon the date of the
22 final decree of divorce, dissolution, or annulment of
23 that member from the former spouse described in
24 such subsection.’’; and
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1 (4) by adding at the end the following new sub-
2 section:
3 ‘‘(n) HEALTH CARE FOR CERTAIN FORMER
4 SPOUSES.—The Secretary concerned shall treat a former
5 spouse described in subsection (b)(3) as an abused de-
6 pendent described in section 1076(e) of this title.’’.
7 (b) TECHNICAL AMENDMENT.—The table of sections
8 at the beginning of chapter 53 of such title is amended
9 by striking the item relating to section 1059 and inserting
10 the following:
‘‘1059. Dependents of members who commit dependent abuse: transitional com-
pensation; commissary and exchange benefits; health care.’’.
11 (c) EFFECTIVE DATE.—The amendments made by
12 this Act shall apply to a former spouse described in sub-
13 section (b)(3) of such section 1059, as added by subsection
14 (a)(2) of this section, whose final decree of divorce, dis-
15 solution, or annulment described in subsection (e)(1)(C)
16 of such section 1059, as added by subsection (a)(3) of this
17 section, is issued on or after the date of the enactment
18 of this Act.
19 SEC. 623. CLAIMS RELATING TO THE RETURN OF PER-
20 SONAL EFFECTS OF A DECEASED MEMBER
21 OF THE ARMED FORCES.
22 Section 1482(a) of title 10, United States Code, is
23 amended by adding at the end the following new para-
24 graph:
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1 ‘‘(11)(A) Delivery of personal effects of a dece-
2 dent to the next of kin or other appropriate person.
3 ‘‘(B) If the Secretary concerned enters into an
4 agreement with an entity to carry out subparagraph
5 (A), the Secretary concerned shall pursue a claim
6 against such entity that arises from the failure of
7 such entity to substantially perform such subpara-
8 graph.
9 ‘‘(C) If an entity described in subparagraph (B)
10 fails to substantially perform subparagraph (A) by
11 damaging, losing, or destroying the personal effects
12 of a decedent, the Secretary concerned shall reim-
13 burse the person designated under subsection (c) the
14 fair market value of the damage, loss, or destruction
15 of such personal effects. The Secretary concerned
16 may request from, the person designated under sub-
17 section (c), proof of fair market value and ownership
18 of the personal effects.’’.
19 SEC. 624. SPACE-AVAILABLE TRAVEL FOR CHILDREN, SUR-
20 VIVING SPOUSES, PARENTS, AND SIBLINGS
21 OF MEMBERS OF THE ARMED FORCES WHO
22 DIE WHILE SERVING IN THE ACTIVE MILI-
23 TARY, NAVAL, OR AIR SERVICE.
24 (a) EXPANSION OF ELIGIBILITY.—Section 2641b(c)
25 of title 10, United States Code, is amended—
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1 (1) by redesignating paragraph (6) as para-
2 graph (7); and
3 (2) by inserting after paragraph (5) the fol-
4 lowing new paragraph (6):
5 ‘‘(6) Children, surviving spouses, parents, and
6 siblings of members of the armed forces who die
7 while serving in the active military, naval, or air
8 service (as that term is defined in section 101 of
9 title 38).’’.
10 (b) RELATED INSTRUCTION.—Not later than 90 days
11 after the date of the enactment of this Act, the Secretary
12 of Defense shall revise Department of Defense Instruction
13 4515.13 to ensure that individuals eligible for space-avail-
14 able travel on aircraft of the Department under paragraph
15 (6) of such section, as amended by subsection (a), are
16 placed in a category of travellers not lower than category
17 V.
18 SEC. 625. TRAVEL AND TRANSPORTATION ALLOWANCES
19 FOR FAMILY MEMBERS TO ATTEND THE FU-
20 NERAL AND MEMORIAL SERVICES OF MEM-
21 BERS.
22 Section 452(b) of title 37, United States Code, is
23 amended by adding at the end the following new para-
24 graph:
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1 ‘‘(18) Presence of family members at the fu-
2 neral and memorial services of members.’’.
3 SEC. 626. EXPANSION OF PILOT PROGRAM TO PROVIDE FI-
4 NANCIAL ASSISTANCE TO MEMBERS OF THE
5 ARMED FORCES FOR IN-HOME CHILD CARE.
6 Section 589(b) of the William M. (Mac) Thornberry
7 National Defense Authorization Act for Fiscal Year 2021
8 (Public Law 116–283) is amended—
9 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
10 and
11 (2) by adding at the end the following new
12 paragraph:
13 ‘‘(2) The Secretary may carry out the pilot program
14 at other locations the Secretary determines appropriate.’’.
15 SEC. 627. CONTINUATION OF PAID PARENTAL LEAVE FOR A
16 MEMBER OF THE ARMED FORCES UPON
17 DEATH OF CHILD.
18 Not later than 180 days after the date of the enact-
19 ment of this Act, the Secretary of Defense shall amend
20 the regulations prescribed pursuant to subsections (i) and
21 (j) of section 701 of title 10, United States Code, to en-
22 sure that paid parental leave that has already been ap-
23 proved for a member of the Armed Forces who is a pri-
24 mary or secondary caregiver (as defined under such regu-
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1 lations) may not be terminated upon the death of the child
2 for whom such leave is taken.
3 SEC. 628. CASUALTY ASSISTANCE PROGRAM: REFORM; ES-
4 TABLISHMENT OF WORKING GROUP.
5 (a) CASUALTY ASSISTANCE REFORM WORKING
6 GROUP.—
7 (1) ESTABLISHMENT.—Not later than 60 days
8 after the date of the enactment of this Act, the Sec-
9 retary of Defense shall establish a working group to
10 be known as the ‘‘Casualty Assistance Reform
11 Working Group’’ (in this section referred to as the
12 ‘‘Working Group’’).
13 (2) DUTIES.—The Working Group shall per-
14 form the following duties:
15 (A) Create standards and training for
16 CAOs across the military departments.
17 (B) Explore the possibility of establishing
18 a unique badge designation for—
19 (i) CAOs who have performed CAO
20 duty more than five times; or
21 (ii) professional CAOs.
22 (C) Commission a 30-day study that—
23 (i) documents the current workflow of
24 casualty affairs support across the military
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1 departments, including administrative
2 processes and survivor engagements; and
3 (ii) performs a gap analysis and solu-
4 tion document that clearly identifies and
5 prioritizes critical changes to modernize
6 and professionalize the casualty experience
7 for survivors.
8 (D) Review the organization of the Office
9 of Casualty, Mortuary Affairs and Military Fu-
10 neral Honors to ensure it is positioned to co-
11 ordinate policy and assist in all matters under
12 its jurisdiction, across the Armed Forces, in-
13 cluding any potential intersections with the De-
14 fense Prisoner of War and Missing in Action
15 Accounting Agency.
16 (E) Explore the establishment of—
17 (i) an annual meeting, led by the Sec-
18 retary of Defense, with gold star families;
19 and
20 (ii) a surviving and gold star family
21 leadership council.
22 (F) Recommend improvements to the fam-
23 ily notification process of Arlington National
24 Cemetery.
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