H.R. 4350 — National Defense Authorization Act for Fiscal Year 2022
Summary
House bill 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. It is shown as received in the Senate October 18, 2021, read twice and placed on the calendar as Calendar No. 144. Section 1 gives the short title National Defense Authorization Act for Fiscal Year 2022. Section 2 organizes the Act into seven divisions, including Division A, Department of Defense Authorizations; Division B, Military Construction Authorizations; and Division G, Global Pandemic Prevention and Biosecurity.
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Cite this document
“H.R. 4350 — National Defense Authorization Act for Fiscal Year 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr4350pcs-bills-117hr4350pcs/
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II
Calendar No. 144
117TH CONGRESS
1ST SESSION
H. R. 4350
IN THE SENATE OF THE UNITED STATES
OCTOBER 18, 2021
Received; read twice and placed on the calendar
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,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘National Defense Au-
5 thorization Act for Fiscal Year 2022’’.
6 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
7 CONTENTS.
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8 (a) DIVISIONS.—This Act is organized into seven di-
9 visions as follows:
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1 (1) Division A—Department of Defense Au-
2 thorizations.
3 (2) Division B—Military Construction Author-
4 izations.
5 (3) Division C—Department of Energy Na-
6 tional Security Authorizations and Other Authoriza-
7 tions.
8 (4) Division D—Funding Tables.
9 (5) Division E—Non-Department of Defense
10 Matters.
11 (6) Division F—Department of State Authori-
12 ties.
13 (7) Division G—Global Pandemic Prevention
14 and Biosecurity.
15 (b) TABLE OF CONTENTS.—The table of contents for
16 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
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.
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Sec. 114. Strategy for the procurement of accessories for the next generation
squad weapon.
Sec. 115. Plan for ensuring sources of cannon tubes.
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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
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.
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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.
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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.
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.
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Sec. 303. Increase in funding for civil military programs.
Subtitle B—Energy and Environment
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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.
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.
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Subtitle C—Logistics and Sustainment
Sec. 341. Mitigation of contested logistics challenges of the Department of De-
fense through reduction of operational energy demand.
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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.
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.
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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.
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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.
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.
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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.
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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.
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.
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PART 1—SPECIAL VICTIM PROSECUTORS AND SPECIAL VICTIM OFFENSES
Sec. 532. Special victim prosecutors.
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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.
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.
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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.
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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.
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.
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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.
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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.
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.
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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.
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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
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.
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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.
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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
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
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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.
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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.
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
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Modernization Office.
Sec. 745. Briefing on domestic production of critical active pharmaceutical in-
gredients.
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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
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.
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Sec. 814. Standard guidelines for evaluation of requirements for services con-
tracts.
Sec. 815. Extension of requirement to submit Selected Acquisition Reports.
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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.
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.
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Sec. 856. Report on improvements to procurement technical assistance pro-
grams.
Sec. 857. Report on commercial item determinations.
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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.
Sec. 912. Use of Combatant Commander Initiative Fund for certain environ-
mental matters.
Sec. 913. Inclusion of explosive ordnance disposal in special operations activi-
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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.
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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.
Subtitle D—Miscellaneous Authorities and Limitations
Sec. 1031. Navy coordination with Coast Guard on aircraft, weapons, tactics,
technique, organization, and equipment of joint concern.
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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.
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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.
Sec. 1057. Independent assessment with respect to the Arctic region.
Sec. 1058. Annual report and briefing on Global Force Management Allocation
Plan.
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Sec. 1059. Report on World War I and Korean War era Superfund facilities.
Sec. 1060. Briefing on electric autonomous shuttles on military installations.
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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.
Sec. 1079. Defense Resource Budgeting and Allocation Commission.
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Sec. 1080. Commission on Afghanistan.
Sec. 1081. Technology pilot program to support ballot transmission for absent
uniformed services and overseas votes.
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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.
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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,
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and threats emanating from, Afghanistan.
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.
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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
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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.
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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.
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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.
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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
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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.
Sec. 1534. CyberSentry program of the Cybersecurity and Infrastructure Secu-
rity Agency.
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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.
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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.
Sec. 1615. Inclusion of explosive ordnance intelligence in Defense Intelligence
Agency activities.
Sec. 1616. Modification of requirement for annual reports on vulnerabilities eq-
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uities process.
Subtitle C—Nuclear Forces
Sec. 1621. Exercises of nuclear command, control, and communications system.
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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.
Sec. 1654. Sense of Congress on indemnification and the conventional prompt
global strike weapon system.
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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
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Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
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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.
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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.
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Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts.
Sec. 2853. Land conveyance, Rosecrans Air National Guard Base, Saint Jo-
seph, Missouri.
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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
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Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
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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.
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TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
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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.
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Sec. 5109. United States contribution to the Catastrophe Containment and Re-
lief Trust at the International Monetary Fund.
Sec. 5110. China Financial Threat Mitigation.
Sec. 5111. Banking Transparency for Sanctioned Persons.
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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
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Sec. 5401. Short title; table of contents; purpose.
Sec. 5402. Safe harbor for depository institutions.
Sec. 5403. Protections for ancillary businesses.
Sec. 5404. Protections under Federal law.
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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.
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Sec. 5527. Partnerships.
PART 3—CONSERVATION
Sec. 5531. Designation of wilderness.
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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.
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Sec. 5594. Administration of Wilderness Areas and Additions.
Sec. 5595. Designation of Wild and Scenic Rivers.
Sec. 5596. Water rights.
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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.
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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
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Sec. 6201. Chief Human Capital Officer responsibilities.
Sec. 6202. Employee engagement steering committee and action plan.
Sec. 6203. Annual employee award program.
Sec. 6204. Independent investigation and implementation plan.
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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.
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Sec. 6305. Oversight of current activity and needs.
Sec. 6306. Enhancements to the Defense Production Act of 1950.
Sec. 6307. Securing essential medical materials.
Sec. 6308. GAO report.
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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
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Nigeria.
Sec. 6429. Treatment of paycheck protection program loan forgiveness of pay-
roll costs under highway and public transportation project cost
reimbursement contracts.
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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.
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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.
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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.
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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.
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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.
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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.
16 Subtitle B—Army Programs
17 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH–
18 64E APACHE HELICOPTERS.
19 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
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1 the Secretary of the Army may enter into one or more
2 multiyear contracts, beginning with the fiscal year 2022
3 program year, for the procurement of AH–64E Apache
4 helicopters.
5 (b) 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 2022 is subject to the availability of appropria-
10 tions for that purpose for such later fiscal year.
11 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH–
12 60M AND HH–60M BLACK HAWK HELI-
13 COPTERS.
14 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
15 Subject to section 2306b of title 10, United States Code,
16 the Secretary of the Army may enter into one or more
17 multiyear contracts, beginning with the fiscal year 2022
18 program year, for the procurement of UH–60M and HH–
19 60M Black Hawk helicopters.
20 (b) CONDITION FOR OUT-YEAR CONTRACT PAY-
21 MENTS.—A contract entered into under subsection (a)
22 shall provide that any obligation of the United States to
23 make a payment under the contract for a fiscal year after
24 fiscal year 2022 is subject to the availability of appropria-
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1 SEC. 113. CONTINUATION OF SOLDIER ENHANCEMENT PRO-
2 GRAM.
3 (a) REQUIREMENT TO CONTINUE PROGRAM.—The
4 Secretary of the Army, acting through the Assistant Sec-
5 retary of the Army for Acquisition, Logistics, and Tech-
6 nology in accordance with subsection (b), shall continue
7 to carry out the Soldier Enhancement Program estab-
8 lished pursuant to section 203 of the National Defense
9 Authorization Act for Fiscal Years 1990 and 1991 (Public
10 Law 101–189; 103 Sat. 1394).
11 (b) RESPONSIBLE OFFICIAL.—The Secretary of the
12 Army shall designate the Assistant Secretary of the Army
13 for Acquisition, Logistics, and Technology as the official
14 in the Department of the Army with principal responsi-
15 bility for the management of the Soldier Enhancement
16 Program under subsection (a).
17 (c) DUTIES.—The duties of the Soldier Enhancement
18 Program shall include the identification, research, develop-
19 ment, test, and evaluation of commercially available off-
20 the-shelf items (as defined in section 104 of title 41,
21 United States Code) and software applications to accel-
22 erate the efforts of the Army to integrate, modernize, and
23 enhance weapons and equipment for use by Army soldiers,
24 including—
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25 (1) lighter, more lethal weapons; and
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1 (2) support equipment, including lighter, more
2 comfortable load-bearing equipment, field gear, com-
3 bat clothing, survivability items, communications
4 equipment, navigational aids, night vision devices,
5 tactical power, sensors, and lasers.
6 SEC. 114. STRATEGY FOR THE PROCUREMENT OF ACCES-
7 SORIES FOR THE NEXT GENERATION SQUAD
8 WEAPON.
9 (a) STRATEGY REQUIRED.—The Secretary of the
10 Army shall develop and implement a strategy to identify,
11 test, qualify, and procure, on a competitive basis, acces-
12 sories for the next generation squad weapon of the Army,
13 including magazines and other components that could af-
14 fect the performance of such weapon.
15 (b) MARKET SURVEY AND QUALIFICATION ACTIVI-
16 TIES.—
17 (1) INITIAL MARKET SURVEY.—Not later than
18 one year after a decision is made to enter into full-
19 rate production for the next generation squad weap-
20 on, the Secretary of the Army shall conduct a mar-
21 ket survey to identify accessories for such weapon,
22 including magazines and other components, that
23 could affect the weapon’s performance.
24 (2) QUALIFICATION ACTIVITIES.—After com-
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1 Secretary of the Army may compete, select, procure,
2 and conduct tests of such components to qualify
3 such components for purchase and use. A decision to
4 qualify such components shall be based on estab-
5 lished technical standards for operational safety and
6 weapon effectiveness.
7 (c) INFORMATION TO CONGRESS.—Not later than
8 180 days after the date of the enactment of this Act, the
9 Secretary of the Army shall provide to the congressional
10 defense committees a briefing or a report on—
11 (1) the strategy developed and implemented by
12 the Secretary under subsection (a); and
13 (2) the results of the market survey and quali-
14 fication activities under subsection (b).
15 SEC. 115. PLAN FOR ENSURING SOURCES OF CANNON
16 TUBES.
17 The Secretary of the Army shall develop and imple-
18 ment an investment and sustainment plan to ensure the
19 sourcing of cannon tubes for the purpose of mitigating
20 risk to the Army and the industrial base. Under the plan,
21 the Secretary of the Army shall—
22 (1) identify qualified and capable sources, in
23 addition to those currently used, from which cannon
24 tubes may be procured; and
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1 (2) determine the feasibility, advisability, and
2 affordability of procuring cannon tubes from such
3 sources on a sustainable basis.
4 Subtitle C—Navy Programs
5 SEC. 121. EXTENSION OF PROCUREMENT AUTHORITY FOR
6 CERTAIN AMPHIBIOUS SHIPBUILDING PRO-
7 GRAMS.
8 Section 124(a)(1) of the William M. (Mac) Thorn-
9 berry National Defense Authorization Act for Fiscal Year
10 2021 (Public Law 116–283) is amended by striking ‘‘fis-
11 cal year 2021’’ and inserting ‘‘fiscal years 2021 and
12 2022’’.
13 SEC. 122. INCLUSION OF BASIC AND FUNCTIONAL DESIGN
14 IN ASSESSMENTS REQUIRED PRIOR TO
15 START OF CONSTRUCTION ON FIRST SHIP OF
16 A SHIPBUILDING PROGRAM.
17 Section 124 of the National Defense Authorization
18 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat.
19 28; 10 U.S.C. 8661 note) is amended—
20 (1) in subsection (a)—
21 (A) in the matter preceding paragraph (1),
22 by striking ‘‘Concurrent with approving the
23 start of construction of the first ship for any
24 major shipbuilding program, the Secretary of
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1 of the Navy may not enter into a contract for
2 the construction of the first ship for any major
3 shipbuilding program until a period of 30 days
4 has elapsed following the date on which the
5 Secretary’’;
6 (B) in paragraph (1)—
7 (i) by striking ‘‘submit’’ and inserting
8 ‘‘submits’’; and
9 (ii) by striking ‘‘and’’ at the end;
10 (C) in paragraph (2)—
11 (i) by striking ‘‘certify’’ and inserting
12 ‘‘certifies’’; and
13 (ii) by striking the period at the end
14 and inserting ‘‘; and’’; and
15 (D) by adding at the end the following new
16 paragraph:
17 ‘‘(3) certifies to the congressional defense com-
18 mittees that the basic and functional design of the
19 vessel is complete.’’; and
20 (2) in subsection (d), by adding at the end the
21 following new paragraph:
22 ‘‘(5) BASIC AND FUNCTIONAL DESIGN.—The
23 term ‘basic and functional design’, when used with
24 respect to a vessel, means design through computer-
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1 ‘‘(A) fixes the hull structure of the vessel;
2 ‘‘(B) sets the hydrodynamics of the vessel;
3 ‘‘(C) routes all major distributive systems
4 of the vessel, including electricity, water, and
5 other utilities; and
6 ‘‘(D) identifies the exact positioning of pip-
7 ing and other outfitting within each block of the
8 vessel.’’.
9 SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR
10 ARLEIGH BURKE CLASS DESTROYERS.
11 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—
12 Subject to section 2306b of title 10, United States Code,
13 the Secretary of the Navy may enter into one or more
14 multiyear contracts for the procurement of up to 15
15 Arleigh Burke class Flight III guided missile destroyers.
16 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The
17 Secretary of the Navy may enter into one or more con-
18 tracts, beginning in fiscal year 2023, for advance procure-
19 ment associated with the destroyers for which authoriza-
20 tion to enter into a multiyear procurement contract is pro-
21 vided under subsection (a), and for systems and sub-
22 systems associated with such destroyers in economic order
23 quantities when cost savings are achievable.
24 (c) CONDITION FOR OUT-YEAR CONTRACT PAY-
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1 shall provide that any obligation of the United States to
2 make a payment under the contract for a fiscal year after
3 fiscal year 2023 is subject to the availability of appropria-
4 tions or funds for that purpose for such later fiscal year.
5 (d) LIMITATION.—The Secretary of the Navy may
6 not modify a contract entered into under subsection (a)
7 if the modification would increase the target price of the
8 destroyer by more than 10 percent above the target price
9 specified in the original contract awarded for the destroyer
10 under subsection (a).
11 SEC. 124. INCORPORATION OF ADVANCED DEGAUSSING
12 SYSTEMS INTO DDG–51 CLASS DESTROYERS.
13 (a) IN GENERAL.—The Secretary of the Navy shall
14 ensure that an advanced degaussing system is incor-
15 porated into any DDG–51 class destroyer procured pursu-
16 ant to a covered contract.
17 (b) COVERED CONTRACT DEFINED.—In this section,
18 the term ‘‘covered contract’’ means a multiyear contract
19 for the procurement of a DDG–51 destroyer that is en-
20 tered into by the Secretary of the Navy on or after the
21 date of the enactment of this Act.
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1 Subtitle D—Air Force Programs
2 SEC. 131. CONTRACT FOR LOGISTICS SUPPORT FOR VC–25B
3 AIRCRAFT.
4 Section 143 of the John S. McCain National Defense
5 Authorization Act for Fiscal Year 2019 (Public Law 115–
6 232; 132 Stat. 1668) is amended—
7 (1) in paragraph (1), by striking ‘‘, unless oth-
8 erwise approved in accordance with established pro-
9 cedures’’; and
10 (2) in paragraph (2), by inserting ‘‘such’’ be-
11 fore ‘‘logistics support contract’’.
12 SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS FOR
13 THE B–52 COMMERCIAL ENGINE REPLACE-
14 MENT PROGRAM.
15 (a) LIMITATION.—None of the funds authorized to
16 be appropriated by this Act or otherwise made available
17 for fiscal year 2022 for the research and development, de-
18 sign, procurement, or advanced procurement of materials
19 for the B–52 Commercial Engine Replacement Program
20 may be obligated or expended until the date on which the
21 Secretary of Defense submits to the congressional defense
22 committees the report described in section 2432 of title
23 10, United States Code, for the most recently concluded
24 fiscal quarter for the B–52 Commercial Engine Replace-
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1 (b) ADDITIONAL REQUIREMENTS.—
2 (1) TREATMENT OF BASELINE ESTIMATE.—The
3 Secretary of Defense shall deem the Baseline Esti-
4 mate for the B–52 Commercial Engine Replacement
5 Program for fiscal year 2018 as the original Base-
6 line Estimate for the Program.
7 (2) UNIT COST REPORTS AND CRITICAL COST
8 GROWTH.—
9 (A) Subject to subparagraph (B), the Sec-
10 retary shall carry out sections 2433 and 2433a
11 of title 10, United States Code, with respect to
12 the B–52 Commercial Engine Replacement Pro-
13 gram, as if the Department had submitted a
14 Selected Acquisition Report for the Program
15 that included the Baseline Estimate for the
16 Program for fiscal year 2018 as the original
17 Baseline Estimate, except that the Secretary
18 shall not carry out subparagraph (B) or sub-
19 paragraph (C) of section 2433a(c)(1) of such
20 title with respect to the Program.
21 (B) In carrying out the review required by
22 section 2433a of such title, the Secretary shall
23 not enter into a transaction under section 2371
24 or 2371b of such title, exercise an option under
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1 transaction with respect to the B–52 Commer-
2 cial Engine Replacement Program except to the
3 extent determined necessary by the milestone
4 decision authority, on a non-delegable basis, to
5 ensure that the program can be restructured as
6 intended by the Secretary without unnecessarily
7 wasting resources.
8 (c) DEFINITIONS.—In this section:
9 (1) The term ‘‘Baseline Estimate’’ has the
10 meaning given the term in section 2433(a)(2) of title
11 10, United States Code.
12 (2) The term ‘‘milestone decision authority’’
13 has the meaning given the term in section
14 2366b(g)(3) of title 10, United States Code.
15 (3) The term ‘‘original Baseline Estimate’’ has
16 the meaning given the term in section 2435(d)(1) of
17 title 10, United States Code.
18 (4) The term ‘‘Selected Acquisition Report’’
19 means a Selected Acquisition Report submitted to
20 Congress under section 2432 of title 10, United
21 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-
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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
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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.
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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
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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).
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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—
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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
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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-
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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
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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
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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
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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
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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-
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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
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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-
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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-
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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
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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-
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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;
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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
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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-
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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
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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
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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
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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
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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
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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
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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.
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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-
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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
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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
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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,
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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
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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
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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-
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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.
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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
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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
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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
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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
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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
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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
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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-
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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
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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,
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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,
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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
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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-
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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
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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,
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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-
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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
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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
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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-
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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
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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
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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;
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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
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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-
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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
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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:
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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-
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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-
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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
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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).
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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
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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-
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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
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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-
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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.
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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
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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
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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
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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
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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-
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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
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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
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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
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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-
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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
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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-
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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
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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-
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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-
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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
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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’’;
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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
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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
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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-
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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’
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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-
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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-
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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
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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.
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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
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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-
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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-
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25 lowing years:
HR 4350 PCS
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230
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.
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25 (b) ANNUAL CERTIFICATION.—
HR 4350 PCS
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