Congressional Record, House, December 7, 2021, No. 211, Book II: Explanatory Material
Summary
The opening of the Congressional Record, House, Vol. 167, No. 211, Book II, for Tuesday, December 7, 2021, under the heading Explanatory Material. It carries a statement submitted by Mr. Smith of Washington, Chair of the House Committee on Armed Services, on the House amendment to S. 1605, the National Defense Authorization Act for Fiscal Year 2022, to serve as a joint explanatory statement. It describes the budgetary effects section and provisions on multiyear procurement authority for AH–64E Apache helicopters, which the House bill and the Senate amendment contained identically and the agreement includes, and for UH–60M and HH–60M Black Hawk helicopters. It also mentions $378.0 million for defense-related activities.
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“Congressional Record, House, December 7, 2021, No. 211, Book II: Explanatory Material.”
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Congressional Record
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117 th CONGRESS, FIRST SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 167 WASHINGTON, TUESDAY, DECEMBER 7, 2021 No. 211—Book II
House of Representatives
EXPLANATORY MATERIAL STATEMENT in the Department of Energy and the Defense Multiyear procurement authority for AH–64E
SUBMITTED BY MR. SMITH OF WASH- Nuclear Facilities Safety Board, and $378.0 Apache helicopters (sec. 112)
INGTON, CHAIR OF THE HOUSE COM- million for defense-related activities. The House bill contained a provision (sec.
MITTEE ON ARMED SERVICES, ON The two tables preceding the detailed pro- 111) that would authorize the Secretary of
HOUSE AMENDMENT TO S. 1605 gram adjustments in Division D of the ac- the Army to enter into one or more
The following consists of the explanatory companying joint explanatory statement multiyear contracts for AH–64E Apache heli-
material to accompany the National Defense summarize the discretionary authorizations copters.
Authorization Act for Fiscal Year 2022. in the agreement and the equivalent budget The Senate amendment contained an iden-
Section 5 of the Act specifies that this ex- authority levels for fiscal year 2022 defense tical provision (sec. 121).
planatory statement shall have the same ef- programs. The agreement includes this provision.
fect with respect to the implementation of Determination of budgetary effects (sec. 4) Multiyear procurement authority for UH–60M
this legislation as if it were a joint explana- and HH–60M Black Hawk helicopters (sec.
tory statement of a committee of con- The House bill contained a provision (sec.
1002) that would state the budgetary effects 113)
ference.
of this Act for the purpose of complying with The House bill contained a provision (sec.
In this joint explanatory statement, the
the Statutory Pay-As-You-Go Act of 2010 112) that would authorize the Secretary of
provisions of H.R. 4350, the House-passed
(Public Law 111–139). the Army to enter into one or more
version of the National Defense Authoriza-
The Senate amendment contained a simi- multiyear contracts for UH–60M and HH–60M
tion Act for Fiscal Year 2022, are generally
lar provision (sec. 4). Black Hawk helicopters.
referred to as ‘‘the House bill.’’ The provi-
The agreement includes the Senate provi- The Senate amendment contained an iden-
sions of Senate amendment 3876 to H.R. 4350,
sion. tical provision (sec. 122).
are generally referred to as ‘‘the Senate
The agreement includes this provision.
amendment.’’ The final form of the agree- DIVISION A—DEPARTMENT OF DEFENSE
ments reached during negotiations between Continuation of Soldier Enhancement Program
AUTHORIZATIONS
the House and the Senate are referred to as (sec. 114)
TITLE I—PROCUREMENT The House bill contained a provision (sec.
‘‘the agreement.’’
Disclosure of Earmarks and Congressionally Di- Subtitle A—Authorization of Appropriations 113) that would continue the Soldier En-
rected Spending Items Authorization of appropriations (sec. 101) hancement Program under the responsibility
and authority of the Assistant Secretary of
Although not required by the Rules of the The House bill contained a provision (sec. the Army for Acquisition, Logistics, and
House of Representatives, the explanatory 101) that would authorize appropriations for Technology.
statement includes a table that discloses procurement at the levels identified in sec- The Senate amendment contained no simi-
congressional earmarks as defined in para- tion 4101 of division D of this Act. lar provision.
graph (e) of clause 9 of rule XXI of the Rules The Senate amendment contained an iden- The agreement includes the House provi-
of the House of Representatives that are con- tical provision (sec. 101). sion.
tained in the bill at the request of a Mem- The agreement includes this provision.
bers of the House of Representatives. Neither Limitation on availability of funds pending re-
the bill nor the explanatory statement con- Subtitle B—Army Programs port on the Integrated Visual Augmentation
tain any limited tax benefits or limited tar- Modification of deployment by the Army of in- System (sec. 115)
iff benefits as defined in paragraphs (f) or (g) terim cruise missile defense capability (sec. The Senate amendment contained a provi-
of clause 9 of rule XXI. 111) sion (sec. 123) that would place a limitation
Summary of discretionary authorizations and The Senate amendment contained a provi- on obligation of funds for procurement of the
budget authority implication sion (sec. 124) that would modify the require- Integrated Visual Augmentation System
ment for deployment of an interim cruise (IVAS) pending submission of a report by the
The budget request for national defense
missile defense capability required by sec- Secretary of the Army subsequent to the
discretionary programs within the jurisdic-
tion 112(b) of the John S. McCain National completion of initial operational testing.
tion of the Committees on Armed Services of
Defense Authorization Act for Fiscal Year The House bill contained no similar provi-
the Senate and the House of Representatives
2019 (Public Law 115–232), as amended by sec- sion.
for fiscal year 2022 was $743.1 billion. Of this
tion 111 of the William M. (Mac) Thornberry The agreement includes the Senate provi-
amount, $714.8 billion was requested for De-
National Defense Authorization Act for Fis- sion with an amendment that would modify
partment of Defense programs, $27.9 billion
cal Year 2021 (Public Law 116–239). The provi- the limitation and report of the Secretary of
was requested for national security programs
sion would clarify elimination of the require- the Army and add an assessment by the Di-
in the Department of Energy and the Defense
ment to procure the second two batteries of rector of Operational Test and Evaluation.
Nuclear Facilities Safety Board, and $378.0
million for defense-related activities. interim capability. Strategy and authority for the procurement of
The agreement would authorize $768.2 bil- The House bill contained no similar provi- components for the next generation squad
lion in fiscal year 2022, including $740.0 bil- sion. weapon (sec. 116)
lion for Department of Defense programs, The agreement includes the Senate provi- The House bill contained a provision (sec.
$27.8 billion for national security programs sion with a clarifying amendment. 114) that would require the Secretary of the
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
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Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
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H7266 CONGRESSIONAL RECORD — HOUSE December 7, 2021
Army to develop and implement an acquisi- and sustainment plan for the entire carrier The agreement includes the Senate provi-
tion strategy for the Next Generation Squad air wing. sion with an amendment that would remove
Weapon accessories and other components. The House bill contained no similar provi- the additional direction regarding the A–10
The Senate amendment contained no simi- sion. and F–35 comparison report.
lar provision. The agreement includes the Senate provi- We note that the A–10 divestment prohibi-
The agreement includes the House provi- sion with an amendment that would clarify tion is 1 year in duration and we are con-
sion with a modifying amendment. certain aspects of the plan requirements. cerned about the potential impacts during
Subtitle C—Navy Programs Report on material readiness of Virginia class that period on the modernization of the A–10
submarines of the Navy (sec. 127) fleet and the implementation of currently
Extension of procurement authority for certain planned and budgeted Air Force basing ac-
amphibious shipbuilding programs (sec. 121) The Senate amendment contained a provi-
sion (sec. 6001) that would require the Sec- tions. We note the Air Force intends to in-
The House bill contained a provision (sec. vest $5.0 billion to rebuild Tyndall Air Force
retary of the Navy to provide to the congres-
121) that would extend the authority granted Base (AFB), Florida, to ensure that Tyndall
sional defense committees, not later than 120
by section 124(a)(1) of the William M. (Mac) becomes an Air Force ‘‘Base of the Future’’
days after the date of the enactment of this
Thornberry National Defense Authorization as previously declared by then-Secretary
Act, a report on the material readiness of
Act for Fiscal Year 2021 (Public Law 116–283) Barbara M. Barrett. We note that the Con-
the Virginia-class and would detail the re-
to fiscal year 2022. gress has already appropriated approxi-
quired elements of such report.
The Senate amendment contained an iden- The House bill contained no similar provi- mately $3.0 billion rebuilding Tyndall after
tical provision (sec. 134). sion. the devastating hurricane, and the Congress
The agreement includes this provision. The agreement includes the Senate provi- believes this investment to date should not
Extension of prohibition on availability of funds sion. be squandered.
for Navy port waterborne security barriers Therefore, we direct the Secretary of the
Subtitle D—Air Force Programs
(sec. 122) Air Force to submit a report, not later than
Extension of inventory requirement for Air May 1, 2022, to the congressional defense
The Senate amendment included a provi- Force fighter aircraft (sec. 131) committees that assesses the potential im-
sion (sec. 131) that would extend a prohibi- The Senate amendment contained a provi- pact of a 1-year delay in implementing the
tion on availability of funds for Navy port sion (sec. 142) that would extend the require- planned basing actions for 3 F–35 squadrons
waterborne security barriers. ment to maintain a minimum capacity of at Tyndall AFB and the cost of mitigating
The House bill contained no similar provi- Air Force fighter aircraft. any potential delay to ensure the planned 3
sion. The House bill contained no similar provi- squadrons of F–35s and associated operations
The agreement includes the Senate provi- sion. and support personnel are ready to begin op-
sion. The agreement includes the Senate provi- erations not later than the original Sep-
Extension of report on Littoral Combat Ship sion with an amendment that would modify tember, 2023, plan.
mission packages (sec. 123) the reporting requirement from section 131 Limitation on availability of funds for the B–52
The Senate amendment included a provi- of the National Defense Authorization Act Commercial Engine Replacement Program
sion (sec. 133) that would extend an annual for Fiscal Year 2018 (Public Law 115–91) to re- (sec. 135)
report on Littoral Combat Ship mission quire the Secretary of the Air Force to sub-
The House bill contained a provision (sec.
packages through the fiscal year 2027 budget mit with the budget request the retirement
132) that would require the Secretary of De-
request. report, only if the Secretary is proposing to
fense to set a cost baseline for the B–52 Com-
The House bill contained no similar provi- decrease the total active inventory or the
mercial Engine Replacement Program and
sion. primary mission aircraft inventory below
would prohibit the Department of Defense
The agreement includes the Senate provi- 1,970 or 1,145, respectively.
from spending any fiscal year 2022 funds for
sion. Contract for logistics support for VC–25B air- the program until the Secretary submits a
Incorporation of advanced degaussing systems craft (sec. 132) report on that baseline.
into Arleigh Burke class destroyers (sec. 124) The House bill contained a provision (sec. The Senate amendment contained no simi-
The House bill contained a provision (sec. 131) that would require the Secretary of the lar provision.
124) that would require the Secretary of the Air Force to re-compete the depot The agreement includes the House provi-
Navy to ensure that an advanced degaussing sustainment contract for the VC–25B after sion with an amendment that would allow
system is incorporated into the next the first 5 years. the Department to obligate up to 75 percent
multiyear procurement contract for Flight The Senate amendment contained no simi- of the fiscal year 2022 funds for the B–52
III Arleigh Burke-class destroyers. lar provision. Commercial Engine Replacement Program
The agreement includes the House provi- until the Secretary submits the required re-
The Senate amendment contained no simi-
sion. port.
lar provision.
The agreement includes the House provi- Prohibition on certain reductions to B–1 bomber Limitation on availability of funds pending in-
sion with an amendment that would modify aircraft squadrons (sec. 133) formation on bridge tanker aircraft (sec.
the provision to require the Secretary to en- The Senate amendment contained a provi- 136)
sure that an advanced degaussing system is sion (sec. 149) that would prohibit further re- The Senate amendment contained a provi-
incorporated into any Arleigh Burke-class de- ductions in B–1 bombers until such time as sion (sec. 148) that would prohibit the Air
stroyer procured in fiscal year 2025 and later. the B–21 aircraft begins fielding. Force from spending any funds for a follow-
Report on the potential benefits of a multiyear The House bill contained no similar provi- on tanker to the KC–46, the so-called Bridge
contract for the procurement of Flight III sion. Tanker, until the Remote Vision System
The agreement includes the Senate provi- version 2.0 has begun operational testing.
Arleigh Burke class destroyers (sec. 125)
sion with an amendment that would prohibit The House bill contained no similar provi-
The House bill contained a provision (sec. the Air Force from: (1) Changing the de- sion.
123) that would authorize the Secretary of signed operational capability statement for The agreement includes the Senate provi-
the Navy to enter into one or more any B–1 bomber aircraft squadron; or (2) Re- sion with an amendment that would require:
multiyear contracts for Arleigh Burke-class ducing the number of personnel assigned to (1) A report from the Vice Chairman of the
destroyers and associated systems beginning units responsible for the operation and main- Joint Chiefs of Staff regarding requirements
in fiscal year 2023, in accordance with sec- tenance of B–1 aircraft if such reduction for a Bridge Tanker aircraft; and (2) A report
tion 2306b of title 10, United States Code. would lessen the squadron’s capability. from the Secretary of the Air Force detailing
The Senate amendment contained no simi- That limitation would not apply to an in- aspects of the Bridge Tanker program and
lar provision. dividual unit for which the Secretary of the plans for the so-called KC–Z follow-on tanker
The agreement includes the House provi- Air Force has begun the process of replacing program.
sion with an amendment that would not in- B–1 bomber aircraft with B–21 bomber air- Inventory requirements and limitations relating
clude the authorization, but instead require craft. to certain air refueling tanker aircraft (sec.
the Secretary of the Navy to provide to the Prohibition on use of funds for retirement of A– 137)
congressional defense committees a report, 10 aircraft (sec. 134) The House bill contained a provision (sec.
not later than March 1, 2022, on the potential
The Senate amendment contained a provi- 134) that would address KC–135 and KC–10 re-
benefits of a multiyear contract for the pe-
sion (sec. 143) that would prevent the Sec- tirements and limit the Air Force from mov-
riod of fiscal years 2023 through 2027 for the
retary of the Air Force from retiring A–10 ing KC–135 from primary mission aircraft in-
procurement of Flight III Arleigh Burke-class
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aircraft during fiscal year 2022 and would add ventory to backup aircraft inventory in the
destroyers.
specific information that would be required Air Force Guard and Reserve. The House pro-
Acquisition, modernization, and sustainment in the report on the comparison of A–10 and vision would allow the Air Force to retire 14
plan for carrier air wings (sec. 126) F–35 aircraft in the close air support mis- and 12 KC–10 aircraft in fiscal years 2022 and
The Senate amendment contained a provi- sion. 2023, respectively. The House provision would
sion (sec. 136) that would require the Navy to The House bill contained no similar provi- also allow the Air Force to retire 18 KC–135
develop a 15-year acquisition, modernization, sion. aircraft in fiscal year 2022.
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7267
The Senate amendment contained a provi- with Governors of States that may be af- Chiefs of Staff submits to the congressional
sion (sec. 146) that would prevent the Air fected by any the planned reduction or re- defense committees the following informa-
Force from reducing the number of KC–135 alignment as part of the decision making tion:
Air National Guard aircraft designated as process. (1) A list of all procurement and research
primary mission aircraft inventory in fiscal Subtitle E—Defense-Wide, Joint, and and development efforts relating to the
year 2022. Multiservice Matters GMTI capability;
The Senate amendment also included a (2) A description of how the efforts de-
Implementation of affordability, operational, scribed in the GMTI programs will provide
provision (sec. 147) that would allow the Sec-
and sustainment cost constraints for the F– real-time information to relevant military
retary of the Air Force to retire 18 KC–135
35 aircraft program (sec. 141) end users through the use of air battle man-
tankers during fiscal year 2022.
The agreement includes the House provi- The House bill contained a provision (sec. agers;
sion with an amendment that would remove 141) that would limit the total quantity of F– (3) A description of how the programs com-
legislative constraints on retiring KC–10 air- 35 aircraft that could be procured and main- ply with the joint all domain command and
craft. tained in the aircraft inventory by the Sec- control requirements and standards of the
retary of the Air Force and the Secretary of Department, and Joint Requirements Over-
Minimum inventory of tactical airlift aircraft
the Navy based on existing affordability cost sight Council-validated GMTI requirements;
(sec. 138)
constraints that have been determined by and
The House bill contained a provision (sec. each Secretary. (4) An identification of any potential areas
134) that would require the Secretary of the The Senate amendment contained no simi- of overlap between these GMTI capabilities.
Air Force to retain a minimum of 279 C–130 lar provision. Limitation on availability of funds for procure-
aircraft through fiscal year 2026. The House The agreement includes the House provi- ment of aircraft systems for the armed
bill would also require that the Air Force sion with an amendment that would require overwatch program (sec. 144)
achieve certain conditions before modifying the Secretaries to establish sustainment cost
the flying mission of any Air National Guard The House bill contained a provision (sec.
constraint goals on October 1, 2025, and if the
tactical airlift unit. 142) that would prohibit the expenditure of
services are unable to meet those cost goals,
The Senate amendment contained a simi- certain funds by the Department of Defense
reductions in total procurement of F–35 air-
lar provision (sec. 141) that would require the for the procurement of Armed Overwatch
craft would become effective on October 1,
Secretary of the Air Force to maintain a aircraft until the Secretary of Defense pro-
2029.
total active aircraft inventory of 292 C–130 vides the congressional defense committees
Transfer of F–35 program responsibilities from with the airborne intelligence, surveillance,
aircraft through fiscal year 2023.
The agreement includes the House provi- the F–35 Joint Program Office to the De- and reconnaissance acquisition roadmap for
sion with an amendment that would delete partment of the Air Force and the Depart- the U.S. Special Operations Command
the conditions that would have to be ment of the Navy (sec. 142) (SOCOM) required by section 165 of the Wil-
achieved before modifying the flying mission The Senate amendment contained a provi- liam M. (Mac) Thornberry National Defense
of any Air National Guard tactical airlift sion (sec. 163) that would require a transition Authorization Act for Fiscal Year 2021 (Pub-
unit. over 5 years from the Joint Program Office- lic Law 116–283).
We note the Secretary of the Air Force in- managed sustainment effort to a service-led The Senate amendment contained a simi-
dicated his support to realign Mansfield- effort with the U.S. Air Force as the execu- lar provision (sec. 162).
Lahm Airport, Ohio, as the preferred alter- tive agent for F–35As and the U.S. Navy as The agreement includes the Senate provi-
native for re-missioning and beddown of a the executive agent for F–35Bs and F–35Cs. sion.
Cyber Warfare Wing by fiscal year 2023. We The House bill contained no similar provi- We direct the Director, Cost Assessment
support the Secretary of the Air Force’s de- sion. and Program Evaluation, to review SOCOM’s
cision to reduce the C–130 mission in Ohio The agreement includes the Senate provi- Armed Overwatch program and submit an
and urge the Secretary to ensure that such a sion with an amendment that would: (1) Es- independent assessment to the congressional
reduction at Mansfield-Lahm Airport is con- tablish a date for transitioning management defense committees at the same time as the
ducted concurrent with the establishment of of sustainment efforts to the services not submission of the President’s budget request
the new Cyber Warfare Wing. later than October 1, 2027; (2) Establish a for fiscal year 2023. At a minimum, the inde-
date for transitioning the rest of program pendent assessment shall evaluate the total
Report relating to reduction of total number of number of Armed Overwatch aircraft nec-
management responsibilities to the services
tactical airlift aircraft (sec. 139) essary to fulfill the requirements of special
not later than October 1, 2029; and (3) Re-
The House bill contained a provision (sec. quire the Department of Defense to submit a operations forces in light of changes to glob-
138) that would require the Secretary of the detailed transition plan to the congressional al force posture and increasing threats to
Air Force to submit a report, not later than defense committees not later than October 1, manned aircraft since the requirement for
180 days after the date of the enactment of 2022. such aircraft was validated by the Com-
this Act, relating the Air Force’s plan to re- mander, SOCOM.
duce the total number of tactical airlift air- Limitation on availability of funds for air-based
and space-based ground moving target indi- Analysis of certain radar investment options
craft. (sec. 145)
The Senate amendment contained no simi- cator capabilities (sec. 143)
lar provision. The Senate amendment contained a provi- The Senate amendment included a provi-
The agreement includes the House provi- sion (sec. 161) that would prohibit the dupli- sion (sec. 132) that would require the Direc-
sion with an amendment that would require cation of effort across multiple programs to tor of the Office of Cost Assessment and Pro-
the Secretary to report on certain issues not provide air- and space-based ground moving gram Evaluation (CAPE) to conduct an inde-
later than 180 days after the date of the en- target indicator (GMTI) capability across pendent review of the three radar systems
actment of this Act, including: multiple services and agencies until the Vice supporting current Aegis combat systems of
(1) The justification for such reduction; Chairman of the Joint Chiefs of Staff, in con- the Navy and the Missile Defense Agency in
(2) An explanation of whether and to what sultation with the Secretaries of the mili- the fiscal year 2022 through fiscal year 2027
extent the Secretary considered domestic op- tary departments and applicable agency timeframe. The Director would be required
erations as part of the justification; heads, provides to the congressional defense to submit a report on the results of that
(3) An analysis of the role of domestic op- committees a list of all procurement and re- analysis not later than March 1, 2022, to the
erations during concurrent contingency op- search and development efforts funded with congressional defense committees.
erations; Department of Defense or other executive The House bill contained no similar provi-
(4) Analysis of the C–130 aircraft force agency resources, as well as how those ef- sion.
structures recommended to support wartime forts will provide real-time information to The agreement includes the Senate provi-
mobility requirements as set forth in the the warfighter through the Joint All Domain sion with an amendment that would modify
Mobility Capability and Requirements Stud- Command and Control efforts of the Depart- the required analysis to include the AN/SPY–
ies (MCRS) conducted under: ment. 3 radar system.
(a) section 144(b) of the National Defense The House bill contained no similar provi- We note that the House report accom-
Authorization Act for Fiscal Year 2018 (Pub- sion. panying H.R. 4350 (H. Rept. 117–118) of the
lic Law 115–91); and The agreement includes the Senate provi- National Defense Authorization Act for Fis-
(b) section 1712 of the National Defense Au- sion with an amendment that would require cal Year 2022 directed a similar review of ra-
thorization Act for Fiscal Year 2020 (Public the Secretary of Defense to conduct a review dars.
Law 116–92); of all established and planned efforts to pro- Review and briefing on fielded major weapon
systems (sec. 146)
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(5) The Secretary’s justification for any in- vide air- and space-based ground moving tar-
creased risk that may result from accepting get indicator capability to identify, elimi- The House bill contained a provision (sec.
a C–130 aircraft force structure smaller than nate, and prevent redundancies of efforts 143) that would require a report on the De-
the force structure recommended by either across the Department of Defense. The De- partment of Defense’s processes for the man-
MCRS; and partment would be precluded from obligating agement of strategic risk with respect to
(6) An explanation of whether and to what more than 75 percent for any of these pro- major weapon systems capabilities and ca-
extent the Secretary may have consulted grams until the Vice Chairman of the Joint pacities, including ensuring major weapon
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H7268 CONGRESSIONAL RECORD — HOUSE December 7, 2021
systems’ suitability for current and emerg- Secretary of the Army to provide to the gressional defense committees, not later
ing military threats to U.S. forces and ac- Committees on Armed Services of the Senate than March 1, 2022, outlining the costs, bene-
complishment of their missions, and identi- and the House of Representatives, not later fits, timeline, and impacts of the Air Force’s
fying for modernization by either upgrade or than March 31, 2022, an update on analysis, plan to divest the RC–26B aircraft by April 1,
replacement any weapon systems that are decision-making, and planning to qualify 2023.
not capable of effectively accomplishing U.S. based sources of cannon tube supply We expect this briefing to also include: (1)
their military purpose or are excess to oper- limited to low rate production in support of Confirmation or modification of the conclu-
ational requirements. The provision would research, development, and prototyping or, if sion from the February 2020 report that there
also require the Comptroller General of the necessary, to mitigate short-term risk in is no title 10 mission for the aircraft; (2) Op-
United States to review such report and pro- production for fielded systems as outlined in tions for retaining the aircraft within the
vide a briefing and report to the congres- the Army’s April 2021, report to Congress ti- Department of Defense if the conclusion in
sional defense committees on their assess- tled ‘‘Assessment of Investment and the February 2020 report has changed; (3) Op-
ment of such report. Sustainment for Procurement of Cannon tions for transferring the aircraft to other
The Senate amendment contained no simi- Tubes.’’ Government agencies; and (4) Plans for the
lar provision. Sense of Congress on Joint Surveillance Target units and personnel currently operating the
The agreement includes the House provi- Attack Radar System aircraft RC–26B aircraft.
sion with technical amendments. The House bill contained a provision (sec. Briefing on military type certifications for air-
We expect the briefing to describe the key 136) that would express the sense of Congress craft
factors the Secretary of Defense considers on Joint Surveillance Target Attack Radar The House bill contained a provision (sec.
when assessing the effectiveness and costs of System aircraft (JSTARS). The House report 145) that would require the Secretary of the
fielded major weapons systems, assessing accompanying H.R. 4350 (H. Rept. 117–118) of Air Force to provide to the congressional de-
tradeoffs, and developing strategies and the National Defense Authorization Act for fense committees a briefing on the process
plans. The briefing should also: (1) Assess the Fiscal Year 2022 noted congressional con- for evaluation and granting military type
extent to which the Secretary of Defense is cerns about inadequate modernization fund- certifications for aircraft.
able to evaluate a major weapon system’s ing to keep JSTARS relevant for the remain- The Senate amendment contained no simi-
ability to meet operational requirements at der of its service life and reiterated the need lar provision.
regular intervals and efficiently determine if for the Air Force to comply with current law The agreement does not include this provi-
such system should continue to be used or directing the availability of JSTARS to the sion.
replaced and divested; (2) Identify those geographic combatant commanders through We expect that the Department of Defense
fielded major weapon systems the Depart- the Global Force Management process. will provide this briefing as directed in sec-
ment of Defense replaced or divested since The Senate amendment contained no simi- tion 145 of H.R. 4350, the National Defense
January 1, 2010; (3) Identify fielded major lar provision. Authorization Act for Fiscal Year 2022, as
weapon systems that the Secretary plans to The Senate report accompanying S. 2792 passed by the House of Representatives.
divest by December 31, 2035; and (4) Identify (S. Rept. 117–39) of the National Defense Au-
the major weapon system upgrade and re- Prohibition on additional F–35 aircraft for the
thorization Act for Fiscal Year 2022 ex-
placement efforts planned for the same pe- Air National Guard
pressed concern about the need for the Air
riod, to include an assessment of how the re- Force to: (1) Maintain the current aircraft The Senate amendment contained a provi-
placement major weapon system will meet and make prudent upgrades to the current sion (sec. 145) that would prohibit further
current and future operational requirements JSTARS systems until a replacement capa- equipping of Air National Guard (ANG) units
in the National Defense Strategy. We direct bility is available; and (2) Follow through on with the F–35 until the ratio of combat-coded
the Comptroller General to assess the Sec- JSTARS modernization plans. F–35 aircraft of the Regular Air Force to
retary’s briefing and provide a report to the The agreement does not include this provi- combat-coded F–35 aircraft of the Air Na-
congressional defense committees on that sion. tional Guard is greater than four to one.
assessment, not later than 180 days after the We agree with the views expressed in both The House bill included no similar provi-
Secretary delivers the required briefing. the Senate and House reports. sion.
Reports on exercise of waiver authority with re- Limitation on availability of funds for retire- The agreement does not include this provi-
spect to certain aircraft ejection seats (sec. ment of RC–26B aircraft sion.
147) The House bill contained a provision (sec. Increased funding for heavy tactical trucks
The House bill contained a provision (sec. 137) that would prohibit the obligation or ex- The Senate amendment contained a provi-
144) that would require the Secretary of the penditure of any funds authorized under this sion (sec. 9101) that would authorize $109.0
Air Force and the Secretary of the Navy to Act for the retirement of the RC–26B air- million for the procurement of heavy ex-
provide a report to the congressional defense craft, subject to certain exceptions. panded mobility tactical trucks.
committees on a semi-annual basis that The Senate amendment contained no simi- The House bill contained no similar provi-
would describe the total quantity of ejection lar provision. sion.
seats currently in operational use that are The agreement does not include this provi- The agreement does not include this provi-
operating with an approved waiver due to de- sion. sion.
ferred maintenance actions or because re- In February, 2020, we received a report The authorization of specific amounts can
quired parts or components are not available from the Secretary of the Air Force respond- be found in the funding tables.
to replace expired parts or components. ing to section 147 of the National Defense TITLE II—RESEARCH, DEVELOPMENT, TEST,
The Senate amendment contained no simi- Authorization Act for Fiscal Year 2020 (Pub- AND EVALUATION
lar provision. lic Law 116–92). In that report, the Secretary
Subtitle A—Authorization of Appropriations
The agreement includes the House provi- certified that, among other things, there was
sion. no title 10 mission for this aircraft. Authorization of appropriations (sec. 201)
LEGISLATIVE PROVISIONS NOT ADOPTED The report also said that neither the De- The House bill contained a provision (sec.
partment of Defense nor the Air Force need- 201) that would authorize appropriations for
Plan for ensuring sources of cannon tubes ed additional memoranda of agreement for research, development, test, and evaluation
The House bill contained a provision (sec. the Departments to provide support to other at the levels identified in section 4201 of divi-
115) that would direct the Secretary of the military forces and civilian authorities. sion D of this Act.
Army to develop and implement an invest- In June 2020, the Secretary of the Air The Senate amendment contained an iden-
ment and sustainment plan to ensure the Force approved an updated divestment plan tical provision (sec. 201).
sourcing of cannon tubes for the purpose of that would keep the RC–26B operational The agreement includes this provision.
mitigating risk to the Army and the indus- until April 1, 2023. Despite setting this dead- Subtitle B—Program Requirements,
trial base. line, the Air Force has yet to provide Con- Restrictions, and Limitations
The Senate amendment contained no simi- gress with the details of how such a plan
lar provision. that would keep the RC–26B operational Codification of National Defense Science and
The agreement does not include this provi- until April 1, 2023. Despite setting this dead- Technology Strategy (sec. 211)
sion. line, the Air Force has yet to provide Con- The House bill contained a provision (sec.
We recognize the unique contributions of gress with the details of how such a plan 5201) that would modify the National Defense
Watervliet Arsenal as a historic and nec- would be executed and the likely impact to Science and Technology Strategy, required
essary part of the Nation’s defense industrial the affected units. by section 218 of the John S. McCain Na-
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base, particularly in its long-standing role as We agree that continuing a year-to-year tional Defense Authorization Act for Fiscal
the historic sole source of cannon tubes. We existence for the RC–26B units is an Year 2019 (Public Law 115–232), by expanding
recognize the enduring requirement for a unsustainable policy, disruptive to personnel what the Under Secretary of Defense for Re-
Government capability for the expertise and and readiness. We encourage the Air Force to search and Engineering is responsible to con-
skilled labor that is provided by Watervliet reach a solution acceptable to all involved. sider and include, and require the Under Sec-
and the important services they provide to Accordingly, we direct the Secretary of the retary to update the strategy and deliver a
national defense and readiness. We direct the Air Force to provide a briefing to the con- report in the year following each fiscal year
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7269
during which the National Defense Strategy Improvements relating to national network for ters to reflect the removal of the legislative
is submitted. microelectronics research and development requirement for the appointment of a Chief
The Senate amendment contained no simi- (sec. 217) Management Officer and reassignment of du-
lar provision. The House bill contained a provision (sec. ties to the Deputy Secretary of Defense.
The agreement includes the House provi- 6403) that would require the establishment of The House bill contained no similar provi-
sion with an amendment that would modify a national network for microelectronics re- sion.
the required elements of and considerations search and development. The agreement includes the Senate amend-
for the development of the National Defense The Senate amendment contained a provi- ment.
Science and Technology Strategy. sion (sec. 217) that would require the estab- Defense research and engineering activities at
Codification of direct hire authority at per- lishment of a national network for micro- minority institutions (sec. 220)
sonnel demonstration laboratories for ad- electronics research and development and The House bill contained a provision (sec.
vanced degree holders (sec. 212) clarify requirements for the structure of the 214) that would require the Secretary of De-
The Senate amendment contained a provi- network. fense to submit a plan for the establishment
sion (sec. 231) that would codify the author- The agreement includes the Senate provi- of a Minority Institute for Defense Research
ity of the Defense laboratories to use direct sion. and authorize the Secretary to establish a
hiring authorities to appoint qualified can- We note with concern that the Secretary of program to award grants, on a competitive
didates with advanced degrees to work as Defense has not placed enough emphasis on basis, to minority institutions. The provi-
scientists, engineers, and technical staff. implementing a strategy to support the es- sion would also amend section 2304 of title
The House bill contained no similar provi- tablishment of robust, domestic, dual-use 10, United States Code, to direct the head of
sion. microelectronics manufacturing capabilities, an agency to require that a contract awarded
The agreement includes the Senate provi- and especially in the establishment of the to a Department of Defense federally funded
sion. mandated microelectronics research net- research and development center or univer-
Duties and regional activities of the Defense In- work. We note that currently there is little sity affiliated research center includes a re-
novation Unit (sec. 213) clarity on the roles and responsibilities of quirement to establish a partnership to de-
various elements and offices who are partici- velop the capacity of minority institutions
The House bill contained a provision (sec. pating in and executing microelectronics re- to address the research and development
211) that would modify section 2358b(c)(2)(B) search and manufacturing activities and pro- needs of the Department through a sub-
of title 10, United States Code, to update the grams, including the Microelectronics Cross contract with one or more minority institu-
Department of Defense’s technology strategy Functional Team, the Under Secretaries of tions for at least 5 percent of the contract
documents for which the Joint Reserve De- Defense for Research and Engineering and award.
tachment of the Defense Innovation Unit Acquisition and Sustainment, the Defense The Senate amendment contained no simi-
(DIU) is responsible for increasing aware- Advanced Research Projects Agency, intel- lar provision.
ness. Additionally, subject to the avail- ligence community, and the military serv- The agreement includes the House provi-
ability of appropriations, this section would ices. Further, we note that there is similar sion with an amendment that would estab-
also authorize the Secretary of Defense to confusion as to the relative roles and respon- lish a requirement for the Secretary of De-
expand, as appropriate, the efforts of the De- sibilities of numerous Federal agencies and fense to develop a plan to promote Defense
fense Innovation Unit to engage and collabo- organizations who will play a role in the na- research at minority institutions. The provi-
rate with private-sector industry and com- tional microelectronics activities envisioned sion authorizes the Secretary to undertake
munities in various regions of the United by the Creating Helpful Incentives to activities to support minority institutions to
States that do not otherwise have a DIU Produce Semiconductors for America Act, support the development of capabilities to
presence, including in economically dis- Division H, Title XCIX of the William M. more effectively compete for Federal re-
advantaged communities. (Mac) Thornberry National Defense Author- search funding opportunities. The provision
The Senate amendment contained no simi- ization Act for Fiscal Year 2021 (Public Law would also require the Secretary to establish
lar provision. 116–283). We note that this confusion and goals and incentives for certain research in-
The agreement includes the House provi- delay will serve to exacerbate an already stitutions to increase efforts to work with
sion with an amendment that would clarify critical situation in which U.S. industry and minority institutions.
the duties and regional activities of the DIU Government agencies, including the Depart- Test program for engineering plant of DDG(X)
joint reserve detachment and the regional ment of Defense, may not have assured ac- destroyer vessels (sec. 221)
DIU activities. cess to state-of-the-art microelectronics. The House bill contained a provision (sec.
Codification of requirement for Defense Estab- Modification of mechanisms for expedited access 215) that would require the Navy to initiate
lished Program to Stimulate Competitive Re- to technical talent and expertise at aca- a land-based test site prior to the start of
search (sec. 214) demic institutions to support Department of construction of the DDG(X) destroyer pro-
The Senate amendment contained a provi- Defense missions (sec. 218) gram.
sion (sec. 233) that would codify the require- The House bill contained provisions (secs. The Senate amendment contained no simi-
ment for the Secretary of Defense to execute 212 and 213) that would modify section 217 of lar provision.
the Defense Established Program to Stimu- the National Defense Authorization Act for The agreement includes the House provi-
late Competitive Research. Fiscal Year 2018 (Public Law 115–91) on mech- sion with an amendment that would modify
The House bill contained no similar provi- anisms for expedited access to technical tal- the minimum required elements of the land-
sion. ent and expertise at academic institutions to based test program required by this provi-
The agreement includes the Senate provi- encourage the sharing of information on re- sion.
sion. search and consulting in Department of De- Consortium to study irregular warfare (sec. 222)
Codification of authorities relating to Depart- fense-wide shared information systems, and The House bill contained a provision (sec.
ment of Defense science and technology re- would add additional mission areas of nu- 216) that would direct the Secretary of De-
invention laboratories (sec. 215) clear science, security, and non-proliferation fense to establish an academic research con-
The Senate amendment contained a provi- and chemical, biological, radiological, and sortium to study irregular warfare and re-
sion (sec. 232) that would codify existing au- nuclear defense. The provisions would also sponses to irregular threats.
thority for the lab personnel demonstration modify section 2358 of title 10, United States The Senate amendment contained no simi-
activities that have been successfully used Code, on mechanisms for expedited access to lar provision.
by Department of Defense laboratories to at- technical talent and expertise at academic The agreement includes the House provi-
tract and retain an expert Federal Govern- institutions and would add a 33rd mission sion with an amendment that would author-
ment technical workforce. area called ‘‘spectrum activities.’’ ize the Secretary of Defense to establish an
The House bill contained no similar provi- The Senate amendment contained a simi- academic research consortium to study ir-
sion. lar provision (sec. 212). regular warfare and responses to irregular
The agreement includes the Senate provi- The agreement includes the House provi- threats.
sion. sion with an amendment that would clarify Development and implementation of digital
Improvements relating to steering committee on the mission areas added to the underlying technologies for survivability and lethality
emerging technology and national security provision. testing (sec. 223)
threats (sec. 216) Technical correction to pilot program for the en- The House bill contained a provision (sec.
The Senate amendment contained a provi- hancement of the research, development, 217) that would direct the Secretary of De-
test, and evaluation centers of the Depart-
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sion (sec. 5201) that would amend the Steer- fense to expand survivability testing of cov-
ing Committee on Emerging Technology and ment of Defense (sec. 219) ered systems to include testing against non-
National Security. The Senate amendment contained a provi- kinetic threats and to develop digital tech-
The House bill contained no similar provi- sion (sec. 234) that would make a technical nologies to test those systems against
sion. correction to a pilot program on improving threats throughout the system’s lifecycle.
The agreement includes the Senate provi- organizational management practices exe- This provision would also direct the Sec-
sion. cuted by Defense laboratories and test cen- retary to carry out activities to demonstrate
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H7270 CONGRESSIONAL RECORD — HOUSE December 7, 2021
digital technologies for live fire testing and partments and components of the Depart- Pilot program on the use of private sector part-
would require the Director of Operational ment to conduct a review of skill gaps in the nerships to promote technology transition
Test and Evaluation to submit a report with fields of software development, software en- (sec. 231)
an assessment of the Secretary’s progress on gineering, knowledge management, data The House bill contained a provision (sec.
expanding survivability testing, supporting science, and AI. The provision would also re- 218) that would direct the Secretary of De-
development of digital technologies for live quire the Secretary to develop performance fense to carry out a 5-year pilot program to
fire testing, and the demonstration activi- objectives and accompanying metrics related help foster transition of the Department of
ties. to AI research and development; exercises, Defense’s science and technology programs,
The Senate amendment contained no simi- wargames, and experimentation; logistics projects, and activities into full-scale imple-
lar provision. and sustainment; innovation initiatives; and mentation. This provision would direct the
The agreement includes the House provi- business AI applications. Finally, the provi- Secretary to seek to enter into agreements
sion. sion would require the Secretary to submit a with qualified intermediaries to provide
Assessment and correction of deficiencies in the report on the findings of the review as well technical assistance to technology producers
pilot breathing systems of tactical fighter as the performance objectives and accom- to better participate in the procurement pro-
aircraft (sec. 224) panying metrics established to the congres- grams and acquisition processes of the De-
The House bill contained a provision (sec. sional defense committees not later than 120 partment. This section would require a brief-
219) that would require the Secretary of De- days after the completion of the review. ing on the Secretary’s progress in imple-
fense, in consultation with the Adminis- The agreement includes the Senate provi- menting the program and any related policy
trator, National Aeronautics and Space Ad- sion with an amendment that would make issues. This provision would also direct the
ministration, to investigate, assess, and im- technical changes to the development of the Comptroller General of the United States to
plement, if necessary, effective corrective metrics. submit a report on the effectiveness of the
actions for the F–35 breathing system to ad- Modification of the Joint Common Foundation pilot program.
dress the initial findings and recommenda- Program (sec. 227) The Senate amendment contained no simi-
tions noted by the National Aeronautics and lar provision.
The Senate amendment contained a provi- The agreement includes the House provi-
Space Administration’s Engineering and sion (sec. 215) that would require modifica- sion with an amendment that would clarify
Safety Center Technical Assessment Report tion of the Joint Common Foundation Pro- the types of organizations that can partici-
on the F–35 pilot breathing system published gram to enable commercial artificial intel- pate in the pilot program and activities to be
on November 19, 2020. ligence companies to offer their platforms
The Senate amendment contained no simi- undertaken under the pilot program.
and services to Department of Defense com-
lar provision. Pilot program on data repositories to facilitate
ponents to enable those components to rap-
The agreement includes the House provi- the development of artificial intelligence ca-
idly develop and deploy artificial intel-
sion with technical amendments. pabilities for the Department of Defense
ligence applications.
(sec. 232)
Identification of the hypersonics facilities and The House bill contained no similar provi-
capabilities of the Major Range and Test sion. The House bill contained a provision (sec.
Facility Base (sec. 225) The agreement includes the Senate provi- 229) that would authorize the Secretary of
sion. Defense to carry out a pilot program on data
The House bill contained a provision (sec.
libraries for training artificial intelligence
220) that would require the Secretary of De- Executive education on emerging technologies models.
fense to: (1) Identify each facility and capa- for senior civilian and military leaders (sec. The Senate amendment contained no simi-
bility of the Major Range and Test Facility 228) lar provision.
Base that is primarily concerned with the The House bill contained a provision (sec. The agreement includes the House provi-
ground-based simulation of hypersonic at- 5208) that would require the Secretary of De- sion with an amendment that would clarify
mospheric flight conditions and the test and fense to establish a short course on emerging the requirements for the establishment of
evaluation of hypersonic technology in open technologies for senior executive-level civil- data repositories and elements of such re-
air flight; and (2) Identify such facilities and ian leaders. positories that may be developed by the Sec-
capabilities that the Secretary would pro- The Senate amendment contained a simi- retary. As part of this effort, we urge the De-
pose to designate, collectively, as the lar provision (sec. 216) that would require a partment of Defense to engage with poten-
‘‘Hypersonics Facility Base.’’ similar education program but would also in- tial stakeholders representing diverse
The Senate amendment contained no simi- clude senior military leaders and require the backgrounds, including new technology
lar provision. Secretary to provide to the Committees on start-ups, universities and colleges, and es-
The agreement includes the House provi- Armed Services of the Senate and the House tablished private sector institutions.
sion with an amendment that would delete of Representatives a report, not later than 3 Pilot programs for deployment of telecommuni-
the language relating to establishing the years after the date of the enactment of this cations infrastructure to facilitate 5G de-
‘‘Hypersonics Facility Base’’ and add a re- Act, on the implementation of such program. ployment on military installations (sec. 233)
quirement that the Secretary provide a The agreement includes the Senate provi-
briefing on a plan to improve such capabili- The House bill contained a provision (sec.
sion. 2864) that would require each Secretary of
ties, including a description of proposed or-
ganizational changes, investments, policy Activities to accelerate development and deploy- the military departments to establish a pilot
changes, and other activities. ment of dual-use quantum technologies (sec. program to evaluate the feasibility of de-
229) ploying telecommunications infrastructure
Review of artificial intelligence applications and to expedite the availability of fifth-genera-
establishment of performance metrics (sec. The Senate amendment contained a provi-
sion (sec. 218) that would require the Sec- tion (5G) telecommunications on military in-
226) stallations.
retary of Defense to establish a set of activi-
The House bill contained a provision (sec. ties to accelerate the development and de- The Senate amendment contained a provi-
5206) that would require the Secretary of De- ployment of a large-scale, dual-use quantum sion (sec. 219) that would require the Secre-
fense to review the potential applications of computing capability and to ensure the De- taries of the military departments to estab-
artificial intelligence and digital technology partment of Defense consistently has access lish pilot programs for the deployment of
to Department of Defense platforms, proc- to state-of-the-art quantum computing capa- passive telecommunications infrastructure
esses, and operations and establish perform- bilities. to facilitate the deployment of 5G wireless
ance objectives and accompanying metrics The House bill contained no similar provi- telecommunications on military installa-
for the incorporation of artificial intel- sion. tions.
ligence and digital readiness into such plat- The agreement includes the Senate provi-
The agreement includes the Senate provi-
forms, processes, and operations. sion with clarifying amendments.
sion with a technical amendment. We note that the pilot program does not
The Senate amendment contained a simi-
lar provision (sec. 214) that would require the National Guard participation in microreactor provide for the Department of Defense to in-
Secretary of Defense to review, not later testing and evaluation (sec. 230) stall or otherwise expend funds to build in-
than 180 days after the date of the enactment The Senate amendment contained a provi- frastructure required for the pilot program.
of this Act, the potential applications of ar- sion (sec. 220) that would allow the Secretary Limitation on development of prototypes for the
tificial intelligence (AI) and digital tech- of Defense, in coordination with the Director Optionally Manned Fighting Vehicle pend-
nology to Department of Defense platforms, of the Strategic Capabilities Office and the ing requirements analysis (sec. 234)
processes, and operations. The provision Chief of the National Guard Bureau, to as- The Senate amendment contained a provi-
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would also require the establishment of per- semble a collection of National Guard units sion (sec. 244) that would require a report
formance objectives and accompanying to participate in the testing and evaluation and briefing of analysis underpinning refined
metrics for the incorporation of AI and dig- of a micronuclear reactor program. Optionally Manned Fighting Vehicle (OMFV)
ital readiness into Department of Defense The House bill contained no similar provi- requirements prior to entering into a con-
platforms, processes, and operations. The sion. tract for physical prototyping of the OMFV.
provision would further require the Sec- The agreement includes the Senate provi- The House bill contained no similar provi-
retary to direct the heads of the military de- sion. sion.
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7271
The agreement includes the Senate provi- Adaptive engine transition program acquisition pulsion capabilities, an assessment is nec-
sion with a modifying amendment. strategy for the F–35A aircraft (sec. 242) essary to provide relevant information on
Limitation on transfer of certain operational The House bill contained a provision (sec. the challenges confronting AFRL/RQR.
flight test events and reductions in oper- 232) that would require the Under Secretary Study on efficient use of Department of Defense
ational flight test capacity (sec. 235) of Defense for Acquisition and Sustainment, test and evaluation organizations, facilities,
The House bill contained a provision (sec. in consultation with the Secretary of the Air and laboratories (sec. 245)
222) that would prohibit the Secretary of the Force, to submit to the congressional de- The Senate amendment contained a provi-
Navy from taking any actions to reduce the fense committees an acquisition strategy for sion (sec. 241) that would require the Defense
aviation testing capacity of the Navy, with continued development, integration, and Science Board to report on options to im-
regards to aircraft divestment or personnel operational fielding of the Adaptive Engine prove the effectiveness of Department of De-
billet changes, below fiscal year 2021 levels Technology Program propulsion system into fense test and evaluation organizations, fa-
and require the Director of Operational Test the U.S. Air Force fleet of F–35A aircraft be- cilities, and laboratories.
and Evaluation to assess the Navy’s planned ginning in fiscal year 2027. The House bill contained no similar provi-
reductions and mitigation strategy. The Senate amendment contained no simi- sion.
The Senate amendment contained a simi- lar provision. The agreement includes the Senate provi-
lar provision (sec. 221). The agreement includes the House provi- sion with an amendment that would ensure
The agreement includes the Senate provi- sion with an amendment that would modify that the report includes an assessment of the
sion with an amendment that would further the required acquisition strategy to require test and evaluation infrastructure master
specify the prohibition laid out in the Senate the Secretary of the Air Force, in consulta- plan required by section 252 of the National
provision and incorporate the requirement tion with the Under Secretary of Defense for Defense Authorization Act for Fiscal Year
for a report as specified in the House provi- Acquisition and Sustainment, to integrate 2020 (Public Law 116–92).
sion. an advanced propulsion system for the F–35A We direct the Secretary of Defense to en-
Limitation on availability of funds for certain aircraft for retrofit not later than fiscal year sure that the Defense Science Board consults
C–130 aircraft (sec. 236) 2027. with experts from the developmental test or-
Acquisition strategy for an advanced propulsion ganization within the Office of the Under
The House bill contained a provision (sec. Secretary of Defense for Research and Engi-
223) that would limit funds for the E–6B re- system for F–35B and F–35C aircraft (sec.
243) neering; the Office of the Director, Oper-
capitalization until the Secretary of the ational Test and Evaluation; and the Test
Navy submits a report to the congressional The House bill contained a provision (sec.
Resource Management Center in developing
defense committees with more information. 233) that would require the Secretary of the
the report.
The Senate amendment contained no simi- Navy, in consultation with the Under Sec-
retary of Defense for Acquisition and Report on autonomy integration in major weap-
lar provision.
The agreement includes the House provi- Sustainment, to submit to the congressional on systems (sec. 246)
sion with an amendment that would add defense committees a report on the integra- The House bill contained a provision (sec.
items to the information requested from the tion of the Adaptive Engine Transition Pro- 235) that would require the Secretary of De-
Secretary of the Navy and require a report gram propulsion system or other advanced fense to create a strategy for maneuver au-
from the Commander, U.S. Strategic Com- propulsion system into F–35B and F–35C air- tonomy capability in major weapon systems
mand, identifying the plan for hardware that craft not later than 14 days after the date on by fiscal year 2025. This provision would also
will replace the E–6B and meet all require- which the President’s budget request for fis- require the Secretary of Defense to submit a
ments of that mission. cal year 2023 is submitted to the Congress report on the Department of Defense’s imple-
pursuant to section 1105 of title 31, United mentation progress.
Limitation on availability of funds for VC–25B
States Code. The Senate amendment contained no simi-
aircraft program pending submission of doc-
The Senate amendment contained no simi- lar provision.
umentation (sec. 237) The agreement includes the House provi-
lar provision.
The House bill contained a provision (sec. sion with an amendment that would require
The agreement includes the House provi-
224) that would limit funds for the VC–25B the Secretary of Defense to submit a report
sion with an amendment that would modify
presidential aircraft until the Secretary of to the Congress on activities to resource and
the required acquisition strategy to require
the Air Force submits an integrated master integrate autonomy software that enables
the Secretary of the Navy to integrate an ad-
schedule for the program. continued operational capability in global
vanced propulsion system for the F–35B and
The Senate amendment contained no simi- positioning system-denied environments.
F–35C aircraft for both new production and
lar provision. Reports and briefings on recommendations of
retrofit not later than fiscal year 2027.
The agreement includes the House provi- the National Security Commission on Artifi-
sion with an amendment that would require Assessment of the development and test enter-
prise of the Air Force Research Laboratory cial Intelligence regarding the Department
the Secretary to submit the integrated mas- of Defense (sec. 247)
ter schedule not later than 30 days after the (sec. 244)
date of the enactment of this Act. The House bill contained a provision (sec. The House bill contained a provision (sec.
237) that would direct the Secretary of the 5209) that would require the Secretary of De-
Limitation on availability of funds for the High fense, not later than 1 year after the date of
Accuracy Detection and Exploitation Sys- Air Force to submit an assessment of the Air
Force Research Laboratory, Aerospace Sys- the enactment of this Act and annually
tem (sec. 238) thereafter, to provide to the congressional
The Senate amendment contained a provi- tems Directorate, Rocket Propulsion Divi-
sion to the congressional defense committees defense committees a report on the rec-
sion (sec. 222) that would limit Army obliga- ommendations of the National Security
tions for the High Accuracy Detection and for fiscal year 2023 and fiscal year 2025.
The Senate amendment contained no simi- Commission on Artificial Intelligence
Exploitation System (HADES) portion of the (NSCAI) that apply to the Department of De-
Multi-Domain Sensing System (MDSS) pend- lar provision.
The agreement includes the House provi- fense, whether or not the Secretary intends
ing certain certifications from the Vice to implement each recommendation, and
Chairman of the Joint Chiefs of Staff. sion with an amendment that would modify
the elements required in the assessment, and how the Secretary intends to implement said
The House bill contained no similar provi- recommendations. The provision would also
sion. remove the requirement for an assessment in
fiscal year 2025. require a biannual briefing for the first 2
The agreement includes the Senate provi- years after the date of the enactment of this
sion with an amendment that would decrease We note the importance of the Air Force
Research Laboratory’s development and test Act on the implementation of NSCAI rec-
the limitation of funds to allow the Army to ommendations and require the Secretary to
spend up to 75 percent of the funds pending enterprise including the Aerospace Systems
Directorate, Rocket Propulsion Division provide with the annual budget request a re-
submission of the certifications. port listing the funding and programs of the
(AFRL/RQR). We understand the importance
Subtitle C—Plans, Reports, and Other of retaining the competitive advantage in Department of Defense that advance NSCAI
Matters accessing and operating in space, and, as in- recommendations.
Modification to annual report of the Director of The Senate amendment contained no simi-
tegrating innovative technology becomes
Operational Test and Evaluation (sec. 241) lar provision.
more complex, the AFRL/RQR faces new
The agreement includes the House provi-
The House bill contained a provision (sec. challenges in carrying out its mission. These
sion with an amendment that would modify
231) that would amend section 139(h)(2) of challenges include the sustainment, restora-
the briefing requirement under the section.
title 10, United States Code, by removing the tion, and modernization of research, develop-
LEGISLATIVE PROVISIONS NOT ADOPTED
dlhill on DSK120RN23PROD with HOUSE
sunset date for the Director of Operational ment, and test facilities and equipment; de-
Test and Evaluation’s annual report to the velopment and testing of advanced rocket Funding for hypersonics advanced manufac-
Congress. engines, propulsion systems, and propellants; turing
The Senate amendment contained a simi- and increasing workforce recruitment and The House bill contained a provision (sec.
lar provision (sec. 245). retention. Accordingly, we acknowledge that 225) that would authorize $15.0 million to be
The agreement includes the House provi- given the current growth of requirements used in support of hypersonics advanced
sion. and need for novel rocket booster and pro- manufacturing.
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H7272 CONGRESSIONAL RECORD — HOUSE December 7, 2021
The Senate amendment contained no simi- tack systems; (2) A plan for how the Air The Senate amendment contained no simi-
lar provision. Force will respond to threats or shortfalls lar provision.
The agreement does not include this provi- identified in (1); (3) An assessment of the The agreement does not include this provi-
sion. ability of the ALQ–249 Next Generation sion.
The authorization of specific amounts can Jammer to meet current and projected Briefing on additive manufacturing capabilities
be found in the funding tables. enemy threats; (4) An evaluation of the com- The Senate amendment contained a provi-
Funding increase for 3D printing of infrastruc- patibility of the ALQ–249 Next Generation sion (sec. 5202) that would require the Direc-
ture Jammer with Air Force aircraft; and (5) tor of the Army Combat Capabilities Devel-
Identification of any unique hardware, soft- opment Command to submit a briefing on ad-
The House bill contained a provision (sec.
ware, or interface modifications that may be ditive manufacturing capabilities.
226) that would authorize an increase of $12.5
required to integrate the ALQ–249 with such The House bill contained no similar provi-
million in funding for 3D printing of infra-
aircraft. It is our intention that this report sion.
structure.
The Senate amendment contained no simi- be provided in lieu of the briefing required by The agreement does not include this provi-
lar provision. the Senate report. sion.
The agreement does not include this provi- Roadmap for research and development of dis- We direct the Secretary of the Army to
sion. ruptive manufacturing capabilities provide a briefing to the congressional de-
The authorization of specific amounts can The House bill contained a provision (sec. fense committees, not later than December
be found in the funding tables. 236) that would require the Under Secretary 31, 2022, on additive manufacturing capabili-
Funding increase for cold weather capabilities of Defense for Research and Engineering to ties, including an identification of current
develop a capabilities integration roadmap research and development activities to lever-
The House bill contained a provision (sec. age robotics, autonomy, and artificial intel-
for disruptive manufacturing technologies.
227) that would authorize an increase of $7.5 ligence to enhance additive manufacturing
The Senate amendment contained no simi-
million in funding for cold weather capabili- capabilities in forward-deployed, expedi-
lar provision.
ties. The agreement does not include this provi- tionary bases, and a description of courses of
The Senate amendment contained no simi- sion. action being considered to successfully tran-
lar provision. We direct the Under Secretary of Defense sition additive manufacturing capabilities
The agreement does not include this provi- for Research and Engineering to submit to into sustained operational capabilities. We
sion. the congressional defense committees a direct the Secretary to include a summary of
The authorization of specific amounts can briefing on workforce development activities research advances in manufacturing in expe-
be found in the funding tables. and proposed pilot-scale demonstration ditionary environments enabled by past in-
Funding for soldier lethality technology projects that support the development and vestments in artificial intelligence-enabled
The House bill contained a provision (sec. deployment of disruptive manufacturing additive manufacturing; a summary of plans
228) that would authorize an increase of $8.0 technologies into the defense industrial base, and ongoing activities to engage with oper-
million in funding for soldier lethality tech- not later than October 1, 2022. ational programs and programs of record to
nology. Report detailing compliance with disclosure re- transition of capabilities into operational
The Senate amendment contained no simi- quirements for recipients of research and de- use; and an assessment of the feasibility of
lar provision. velopment funds initiating partnerships between universities,
The agreement does not include this provi- The House bill contained a provision (sec. the defense industrial base, and the Army
sion. 238) that would require the Secretary of De- Combat Capabilities Development Command
The authorization of specific amounts can fense to submit a report detailing compli- related to experimentation and demonstra-
be found in the funding tables. ance with the disclosure requirements for re- tions of manufacturing capabilities for use
Establishment of quantum network testbed pro- cipients of research and development funds in expeditionary environments.
gram for Department of the Air Force required under section 2374b of title 10, Importance of historically Black colleges and
The House bill contained a provision (sec. United States Code. universities and minority-serving institu-
229A) that would allow the Secretary of the The Senate amendment contained no simi- tions
Air Force to establish a program to develop lar provision. The Senate amendment contained a provi-
a proof-of-concept quantum network testbed The agreement does not include this provi- sion (sec. 5203) that would authorize funds to
that may be accessed by prototype quantum sion. be appropriated for basic research at Histori-
computers. We request a briefing from the Secretary of cally Black Colleges and Universities and
The Senate amendment contained no simi- Defense to the congressional defense com- Minority Institutions.
lar provision. mittees detailing compliance with the dis- The House bill contained no similar provi-
The agreement does not include this provi- closure requirements for recipients of re- sion.
sion. search and development funds required under The agreement does not include this provi-
The authorization of specific amounts can section 2374b of title 10, United States Code, sion.
be found in the funding tables. not later than March 31, 2022. The authorization of specific amounts can
Assessment and report on airborne electronic at- Sense of Congress on the additive manufac- be found in the funding tables.
tack capabilities and capacity turing and machine learning initiative of Additional funding for Undersea Warfare Ap-
the Army plied Research
The House bill contained a provision (sec.
234) that would require the Secretary of the The House bill included a provision (sec. The Senate amendment contained a provi-
Air Force to conduct an assessment of the 239) that would express the sense of Congress sion (sec. 5204) that would increase by $11.0
airborne electronic attack capabilities and on the additive manufacturing and machine million the amount authorized to be appro-
capacity of the Air Force and analyze the learning initiative of the Army. priated for Undersea Warfare Applied Re-
feasibility of integrating the Department of The Senate amendment contained no simi- search (PE 0602747N).
the Navy’s ALQ–249 Next Generation lar provision. The House bill contained no similar provi-
Jammer on Air Force tactical aircraft. This The agreement does not include this provi- sion.
section would require a report on the assess- sion. The agreement does not include this provi-
ment to be submitted to the Committees on We note that Army additive manufac- sion.
Armed Services of the Senate and the House turing and machine learning activities have The authorization of specific amounts can
of Representatives not later than February the potential to accelerate the improvement be found in the funding tables.
15, 2022. of manufacturing capabilities in expedi- Admission of essential scientists and technical
The Senate amendment contained no simi- tionary settings and strengthen the U.S. de- experts to promote and protect National Se-
lar provision. fense industrial supply chain. We note that curity Innovation Base
The agreement does not include this provi- the Department of Defense should continue
The House bill contained a provision (sec.
sion. to support the additive manufacturing and
6446) that would direct the Secretary of De-
We note that the Senate report accom- machine learning activities of the Army.
fense to develop and implement a process to
panying S. 2792 (S. Rept. 117–39) of the Na- Research security training requirement for Fed- select individuals for recommendation to the
tional Defense Authorization Act for Fiscal eral research grant personnel Secretary of Homeland Security for special
Year 2022 included direction for the Sec- The House bill contained a provision (sec. immigrant status.
retary of the Air Force to provide a briefing 240) that would require certain Federal re- The Senate amendment contained no simi-
dlhill on DSK120RN23PROD with HOUSE
on these matters. search agencies, not later than 12 months lar provision.
We direct the Secretary of the Air Force to after the date of the enactment of this Act, The agreement does not include this provi-
submit a report to the congressional defense to establish requirements that research and sion.
committees by February 15, 2022, that in- development award applicants complete re- We note that the United States must de-
cludes the following: (1) The capability re- search security training. The provision velop and attract the world’s best science
quirements and existing capacity gaps of would also establish guidelines for such re- and technology talent to maintain its mili-
operational Air Force airborne electronic at- search security training. tary and economic advantage and to meet
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7273
the needs of the national security innovation herence with an open data standard architec- that it is using accurate and effective tools
base. We note the importance of leveraging ture. We direct that the briefing include: (1) for analyzing cost and performance of energy
the kinds of highly-skilled immigrants that An assessment of how data analytics plat- resiliency measures.
led programs like the Manhattan Project and forms currently in use adhere to an open The Senate amendment contained a simi-
the Apollo Program, which strengthens the data standard architecture consistent with lar provision (sec. 312) that would amend sec-
United States’ technological, economic, and the Deputy Secretary of Defense’s memo- tion 2911 of title 10, United States Code, to
military advantages. We encourage the De- randum on Creating Data Advantage; (2) A direct the Department of Defense to develop
partment of Defense (DOD) to engage the description of the process and metrics used a process to ensure that, when evaluating en-
whole-of-government to develop a mecha- by the Chief Data Officer to approve addi- ergy resilience measures, analytical tools
nism to sponsor visas for highly skilled and tional platforms for use by elements of the are accurate and effective in determining life
vetted immigrants to contribute to the na- Department; (3) A plan to federate data that cycle costs and performance measures.
tional security innovation base and the Na- can be accessed across the enterprise by mul- The agreement includes the Senate provi-
tion’s defense. tiple data analytics platforms; (4) An assess- sion.
We further note that the intelligence com- ment of the impacts on cybersecurity capa- Authority to transfer amounts derived from en-
munity has authority under section 3508 of bilities from the implementation of a diver- ergy cost savings (sec. 315)
title 50, United States Code, to support the sity of data platforms; and (5) An assessment The Senate amendment contained a provi-
admission of a particular alien into the of the ability to meet unique defense mission sion (sec. 316) that would amend section 2912
United States for permanent residence in the requirements in tactical environments via of title 10, United States Code, to clarify
interest of national security or national in- operator access to multi-tool analytics plat- that the Secretary of Defense may transfer
telligence missions, and that Defense labora- forms. We direct that this briefing be pro- amounts derived from energy cost savings to
tories have some existing authority to work vided to the congressional defense commit- other funding accounts of the Department of
with foreign national talent, as summarized tees not later than October 1, 2022. Defense to be used for the purposes pre-
in the Institute for Defense Analyses 2013 re- TITLE III—OPERATION AND MAINTENANCE viously outlined in statute.
port ‘‘Guidance for Employing Foreign Cit- The House bill contained no similar provi-
Subtitle A—Authorization of Appropriations
izen Scientists and Engineers at Department sion.
of Defense Science and Technology Reinven- Authorization of appropriations (sec. 301) The agreement includes the Senate provi-
tion Laboratories.’’ We direct the Undersec- The House bill contained a provision (sec. sion with an amendment that would change
retary of Defense for Research and Engineer- 301) that would authorize appropriations for amounts available until expended to 1 year.
ing to provide a briefing to the congressional operation and maintenance activities at the We direct the Secretaries of the military
defense committees, not later than October levels identified in section 4301 of division D departments to provide a briefing to the con-
1, 2022, on the current authorities and mech- of this Act. gressional defense committees, not later
anisms by which DOD can use foreign na- The Senate amendment contained an iden- than 60 days after the end of the fiscal year,
tional talent, either in Government or pri- tical provision (sec. 301). providing detailed information for funds
vate sector positions, to perform classified The agreement includes this provision. transferred pursuant to section 2912 of title
or unclassified research and engineering 10, United States Code. The briefing shall
Subtitle B—Energy and Environment
functions of interest. The briefing shall also distinguish between operational and instal-
Inclusion of impacts on military installation re- lation energy savings and shall include a de-
include recommendations on policy options
silience in the National Defense Strategy scription of the sources and uses of such
to consider to enhance or expand the use of
and associated documents (sec. 311) funding.
foreign national talent in areas of interest.
The House bill contained a provision (sec. Exemption from prohibition on use of open-air
Semiconductor production incentive expansion
311) that would require the Secretary of De- burn pits in contingency operations outside
The House bill contained provisions (secs. fense and the Secretaries of the military de- the United States (sec. 316)
6456 and 6457) that would expand semicon- partments to incorporate consideration of
ductor production incentives. The House bill contained provisions (secs.
the risks related to military installation re- 314 and 323) that would prohibit the use of
The Senate amendment contained no simi- silience in certain strategies of the Depart-
lar provision. open-air burn pits during overseas contin-
ment of Defense. gency operations unless an exemption is
The agreement does not include these pro- The Senate amendment contained no simi-
visions. issued by the President of the United States
lar provision. for a particular location and that would re-
National Academies Science, Technology, and The agreement includes the House provi- quire the Secretary of Defense to include a
Security Roundtable sion with an amendment that would provide budget line item for alternatives to burn
The House bill contained a provision (sec. a technical change and incorporate the re- pits.
6484) that would direct the roundtable to porting requirements from subsection (i) The Senate amendment contained a simi-
convene an ad-hoc committee to study and into an existing annual report. lar provision (sec. 314) that would amend sec-
make recommendations on research security Energy efficiency targets for Department of De- tion 317 of the National Defense Authoriza-
issues. fense data centers (sec. 312) tion Act for Fiscal Year 2010 (Public Law
The Senate amendment contained no simi- The House bill contained a provision (sec. 111–84) to prohibit the use of open-air burn
lar provision. 316) that would require the Department of pits in contingency operations outside the
The agreement does not include this provi- Defense to assess its current inventory of United States unless waived by the Sec-
sion. data centers and set energy and water tar- retary of Defense.
Briefing on Department of Defense interoper- gets for certain centers. The agreement includes the Senate provi-
ability for data analytics The Senate amendment contained no simi- sion with an amendment that would add a
The Senate amendment contained a provi- lar provision. reporting requirement for location exemp-
sion (sec. 6603) that would require the Chief The agreement includes the House provi- tions.
Data Officer of the Department of Defense to sion with an amendment that would require Expansion of purposes of Sentinel Landscapes
provide a briefing on the activities the De- the Secretary of Defense to ensure that the Partnership program to include resilience
partment is undertaking to ensure that au- targets developed are consistent with guid- (sec. 317)
thoritative enterprise data is available to ance issued by the Secretary of Energy. The House bill contained a provision (sec.
and interoperable among multiple data man- Grants for maintaining or improving military in- 312) that would amend section 2694 of title 10,
agement and analytics platforms for the Sec- stallation resilience (sec. 313) United States Code, to include Sentinel
retary of Defense, Deputy Secretary of De- Landscapes and encourage the establishment
The House bill contained a provision (sec. of an interagency Sentinel Landscape Part-
fense, Principal Staff Assistants, and compo-
337) that would amend section 2391 of title 10, nership.
nents of the Department in adherence with
United States Code, to allow the Secretary The Senate amendment contained a simi-
an open data standard architecture.
of Defense to make grants, conclude coopera- lar provision (sec. 311) that would amend sec-
The House bill contained no similar provi-
tive agreements, and supplement other Fed- tion 317 of the National Defense Authoriza-
sion.
eral funds for maintaining or improving tion Act for Fiscal Year 2018 (Public Law
The agreement does not include this provi-
military installation resilience. 115–91) to clarify that the Sentinel Land-
sion.
The Senate amendment contained no simi- scape Partnership program is also authorized
We direct the Chief Data Officer of the De-
lar provision. to address concerns of military installation
partment of Defense to brief the congres-
The agreement includes the House provi- resilience in addition to conservation efforts.
sional defense committees on the activities
sion with an amendment that would strike The agreement includes the Senate provi-
dlhill on DSK120RN23PROD with HOUSE
the Department is undertaking to ensure
clause (ii). sion.
that authoritative enterprise data is avail-
able to and interoperable among multiple Maintenance of current analytical tools in eval- Inspection of piping and support infrastructure
data management and analytics platforms uating energy resilience measures (sec. 314) at Red Hill Bulk Fuel Storage Facility, Ha-
for the Office of the Secretary of Defense, The House bill contained a provision (sec. wai’i (sec. 318)
Defense Agencies and Field Activities, and 315) that would require the Department of The House bill contained a provision (sec.
other components of the Department, in ad- Defense to implement a process to ensure 331) that would require the Secretary of the
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H7274 CONGRESSIONAL RECORD — HOUSE December 7, 2021
Navy to direct the Naval Facilities Engineer- rare earth elements from coal byproducts mate resilience. Additionally, the provision
ing Command to conduct an inspection of and acid mine drainage for the purpose of would require the Secretary to develop and
the pipeline system, supporting infrastruc- supplementing the Department of Defense’s implement practices and programs related to
ture, and appurtenances, including valves domestic supply of critical minerals. testing and training range lands and take ap-
and any other corrosion prone equipment, at The House bill contained no similar provi- propriate actions to increase the use of emis-
the Red Hill Bulk Fuel Storage Facility. The sion. sion-free and net-zero emission energy tech-
provision would also require the Naval Fa- The agreement includes the Senate provi- nologies in the operations, programs,
cilities Engineering Command to prepare a sion with a technical amendment. projects, and activities of the Department.
life-cycle sustainment plan for the Red Hill Long-duration demonstration initiative and The House bill contained no similar provi-
Bulk Fuel Storage Facility, which would joint program (sec. 321) sion.
consider the current condition and service The agreement includes the Senate provi-
The House bill contained a provision (sec. sion with an amendment that would remove
life of the tanks, pipeline system, and sup- 325) that would require the Department of
port equipment. requirements for updates to the Unified Fa-
Defense to establish a demonstration pro- cilities Criteria given that were already re-
The Senate amendment contained no simi-
gram with the Department of Energy with quired by previous Acts.
lar provision.
The agreement includes the House provi- the aim of developing long-duration energy Inclusion of information regarding extreme
sion with a technical amendment. storage technologies. weather and cyberattacks or disruptions in
We are very concerned about recent news The Senate amendment contained no simi- reports on national technology and indus-
of fuel vapor and hydrocarbon intrusion into lar provision. trial base (sec. 333)
the aquifer around the Red Hill Bulk Fuel The agreement includes the House provi-
sion. The House bill contained a provision (sec.
Storage Facility in Honolulu, Hawaii. While 338) that would include vulnerabilities re-
we understand that this crisis is on-going Pilot program to test new software to track emis- lated to current and projected impacts of cli-
and still under investigation, the need for sions at certain military installations (sec. mate change and vulnerabilities to
thorough inspection of Red Hill and its sup- 322) cyberattacks and disruptions in an existing
porting infrastructure has never been more The House bill contained a provision (sec. annual report on the national technology
apparent. Persistent fuel availability in 334) that would allow the Secretary of De- and industrial base.
quantity, location, and secured siting is a fense to conduct a pilot program to evaluate The Senate amendment contained no simi-
key component in ensuring resilient the feasibility and effectiveness of software lar provision.
logistical support for sustained forward oper- and emerging technologies and methodolo- The agreement includes the House provi-
ations in the Indo-Pacific region and the exe- gies to track real-time emissions from in- sion with a technical amendment.
cution of the National Defense Strategy, in- stallations and installation assets. Climate resilience in planning, engagement
cluding the objectives of maintaining a free The Senate amendment contained no simi- strategies, infrastructure, and force develop-
and open Indo-Pacific. We will continue to lar provision. ment of Department of Defense (sec. 334)
work with the Navy to determine how Red The agreement includes the House provi- The Senate amendment contained a provi-
Hill fits into that strategy. We note that be- sion with an amendment that would remove sion (sec. 333) that would require the Sec-
cause the Red Hill Bulk Fuel Facility is con- some of the location requirements. retary of Defense to direct that core proc-
structed in basalt rock that overlays a key We are encouraged by the Department of esses of the Department of Defense fully con-
aquifer serving as one of the major ground- Defense’s efforts to leverage emerging tech- sider and make needed adjustments to ac-
water resources for the fresh water needs of nologies to ensure installation resilience and count for current and emerging climate and
the City of Honolulu, including key military respond to natural disasters. We in par- environmental challenges and to ensure the
installations and associated facilities, if the ticular note the focus on improving data- climate resilience of assets and capabilities
facility is to remain open it must be oper- driven decision aid tools to inform resilience of the Department. The provision would also
ated and maintained to the highest standard planning, such as ADVANA, as well as the require a climate resilience mission impact
possible to ensure the facility presents no initiatives at the Defense Innovation Unit to assessment and a reoccurring report on the
material risk to the aquifer and to Honolulu utilize artificial intelligence-enabled soft- strategic and operational impacts of extreme
water resources. We further note that adher- ware to preemptively respond to evolving en- weather.
ing to the minimum requirement for safety vironmental conditions and deliver aid dur- The House bill contained no similar provi-
inspections of the Red Hill Bulk Fuel Stor- ing natural disasters. sion.
age Facility as required by the American Pe- Department of Defense plan to reduce green- The agreement includes the Senate provi-
troleum Institute 570 standards, may not be house gas emissions (sec. 323) sion with an amendment that would remove
sufficient given the gravity of potential some elements of assessments previously ex-
The House bill contained a provision (sec.
harm caused by a fuel leak. ecuted by prior Acts.
335) that would require the Secretary of De-
Energy, water, and waste net-zero requirement fense to submit to the Congress, not later Assessment of climate risks to infrastructure of
for major military installations (sec. 319) than September 30, 2022, a plan to reduce the Department of Defense (sec. 335)
The House bill contained a provision (sec. greenhouse gas emissions of the Department The Senate amendment contained a provi-
329) that would require the Secretary of De- of Defense, including Department of Defense sion (sec. 335) that would direct the Secre-
fense to improve building efficiency, per- functions that are performed by contractors, taries of the military departments to con-
formance, and management by ensuring that in line with science-based emissions targets. duct an assessment of climate risks to infra-
the new construction of any Department of The Senate amendment contained no simi- structure under their jurisdiction.
Defense building larger than 5,000 gross lar provision. The House bill contained no similar provi-
square feet that enters the planning process The agreement includes the House provi- sion.
is designed to achieve energy net-zero and sion with a technical amendment. The agreement includes the Senate provi-
water or waste net-zero by fiscal year 2035. sion with a technical amendment to the fa-
Subtitle C—National Security Climate
The provision would allow the Secretary to cilities assessment.
Resilience
waive the requirement in the case that the Subtitle D—Treatment of Perfluoroalkyl
Definitions (sec. 331)
application of such requirement would be Substances and Polyfluoroalkyl Substances
detrimental to national security. The Senate amendment contained a provi- Treatment by Department of Defense of
The Senate amendment contained no simi- sion (sec. 332) that would provide definitions perfluoroalkyl substances and
lar provision. for the subtitle. polyfluoroalkyl substances (sec. 341)
The agreement includes the House provi- The House bill contained no similar provi-
sion. The House bill contained a provision (sec.
sion with an amendment that would replace
The agreement includes the Senate provi- 320) that would require the Secretary of De-
the original requirement and instead require
sion with a technical amendment. fense to complete preliminary assessment
the Secretary of Defense to improve military
and site inspection for per- and
installation efficiency, performance, and Climate Resilience Infrastructure Initiative of polyfluoroalkyl (PFAS) at all military in-
management by ensuring that at least 10 the Department of Defense (sec. 332) stallations, formerly used defense sites, and
percent of major military installations The Senate amendment contained a provi- state-owned facilities of the National Guard
achieve energy net-zero and water or waste sion (sec. 334) that would require the Sec- within the United States.
net-zero by fiscal year 2035. The amendment retary of Defense to ensure that all facilities The Senate amendment contained a simi-
would also require a study and briefing on and infrastructure of the Department of De- lar provision (sec. 351) that would require the
such requirement. fense meet applicable standards and require- Secretary of Defense to establish a task
Demonstration program on domestic production
dlhill on DSK120RN23PROD with HOUSE
ments of the Unified Facilities Criteria of force to improve testing for and treatment of
of rare earth elements from coal byproducts the Department on climate resilience. The per- and polyfluoroalkyl substances by the
(sec. 320) provision would also require the Secretary to Department of Defense; require preliminary
The Senate amendment contained a provi- develop a framework that permits and di- assessment and site inspection testing to be
sion (sec. 315) that would authorize a tem- rects installation commanders to engage completed within 2 years to provide a pre-
porary program to demonstrate the feasi- with state, regional, and local agencies, and liminary basis for additional response ac-
bility of separating critical minerals and with local communities, on planning for cli- tions; and provide a status report on testing
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7275
conducted at all military installations and The Senate amendment contained no simi- The agreement includes the House provi-
facilities of the National Guard. lar provision. sion with an amendment that would clarify
The agreement includes the Senate provi- The agreement includes the House provi- the relationship between U.S. Transpor-
sion with a technical amendment. sion. tation Command and the Defense Logistics
Extension of transfer authority for funding of Comptroller General study on Department of Agency with respect to transfer of functions,
study and assessment on health implications Defense procurement of certain items con- assets, and personnel. The amendment would
of per- and polyfluoroalkyl substances con- taining certain PFAS substances (sec. 347) also amend the briefing requirement to in-
tamination in drinking water by Agency for The House bill contained a provision (sec. clude an identification of legislative changes
Toxic Substances and Disease Registry (sec. 317) that would amend section 333 of the Wil- or resources necessary for implementation.
342) liam M. (Mac) Thornberry National Defense Test and evaluation of potential biobased solu-
The Senate amendment contained a provi- Authorization Act for Fiscal Year 2021 (Pub- tion for corrosion control and mitigation
sion (sec. 353) that would amend section 316 lic Law 116–283) and restrict the Department (sec. 353)
of the National Defense Authorization Act of Defense from procuring certain items con- The House bill contained a provision (sec.
for Fiscal Year 2018 (Public Law 115–91), as taining perfluoroalkyl or polyfluoroalkyl 344) that would require the Secretary of De-
most recently amended by section 337 of the (PFAS) substances. fense to create a 1-year pilot program to test
William M. (Mac) Thornberry National De- The Senate amendment contained no simi- the use of covered biobased solutions as al-
fense Authorization Act for Fiscal Year 2021 lar provision. ternatives to current solutions for the con-
(Public Law 116–283), to extend the author- The agreement includes the House provi- trol and mitigation of corrosion. Upon com-
ization and funding transfer by 2 years for sion with an amendment that would strike pletion of the pilot program, the Secretary
the ongoing study and assessment on human the underlying provision and instead direct would develop recommendations for deploy-
health impacts of per- and polyfluoroalkyl the Comptroller General of the United States ment throughout the Department of Defense.
substances in drinking water by the Centers to conduct a study on Department of Defense The Senate amendment contained no simi-
for Disease Control and Prevention. procurement of certain items containing cer- lar provision.
The House bill contained no similar provi- tain PFAS substances. The amendment The agreement includes the House provi-
sion. would require the Comptroller General to sion with a technical amendment.
The agreement includes the Senate provi- provide a briefing and report on the findings Pilot program on digital optimization of organic
sion. of the study. industrial base maintenance and repair op-
Temporary moratorium on incineration by De- Report on schedule for completion of remedi- erations (sec. 354)
partment of Defense of perfluoroalkyl sub- ation of perfluoroalkyl substances and The House bill contained a provision (sec.
stances, polyfluoroalkyl substances, and polyfluoroalkyl substances (sec. 348) 345) that would require that the Secretary of
aqueous film forming foam (sec. 343) The Senate amendment contained a provi- Defense initiate a pilot program under which
The House bill contained a provision (sec. sion (sec. 355) that would require the Sec- the Secretary would provide for the
318) that would require the Department of retary of Defense to submit to the Commit- digitization of the facilities and operations
Defense to institute a moratorium on incin- tees on Armed Services of the Senate and the of at least one Government-owned and oper-
eration of materials containing or contami- House of Representatives a report detailing a ated military depot.
The Senate amendment contained no simi-
nated by perfluoroalkyl substances, proposed schedule for the completion of re-
lar provision.
polyfluoroalkyl substances, or aqueous film mediation of perfluoroalkyl substances and The agreement includes the House provi-
forming foam until the Secretary of Defense polyfluoroalkyl substances not later than 270 sion with an amendment that would require
certifies that the Department has imple- days after the date of the enactment of this the Assistant Secretary of Defense for
mented the Environmental Protection Agen- Act. Sustainment, in coordination with the Sec-
cy’s guidance for disposal. The House bill contained no similar provi-
retaries of the military departments, to ini-
The Senate amendment contained no simi- sion.
tiate the pilot program. The amendment
lar provision. The agreement includes the Senate provi-
would also make a technical change to the
The agreement includes the House provi- sion.
elements of the pilot program, as well as to
sion with a technical and clarifying amend- Report on remediation of perfluoroalkyl sub- the required report.
ment. stances and polyfluoroalkyl substances at
Improved oversight for implementation of Ship-
Review and guidance relating to prevention and certain military installations (sec. 349)
yard Infrastructure Optimization Program
mitigation of spills of aqueous film-forming The Senate amendment contained a provi- of the Navy (sec. 355)
foam (sec. 344) sion (sec. 354) that would require the Sec-
The Senate amendment contained a provi-
The House bill contained a provision (sec. retary of Defense to submit a report identi-
sion (sec. 5301) that would require the Sec-
322) that would require the Secretary of De- fying the status of efforts to remediate per-
retary of the Navy to provide an update to
fense to promulgate guidance on the preven- and polyfluoroalkyl substances at 50 mili-
the congressional defense committees not
tion and mitigation of spills of aqueous film tary installations and National Guard loca-
later than September 30, 2022, on their plan
forming foam not later than 180 days after tions not later than 60 days after the date of
for the implementation of the Shipyard In-
the date of the enactment of this Act. the enactment of this Act.
frastructure Optimization Program (SIOP),
The Senate amendment contained no simi- The House bill contained no similar provi-
including cost estimates for capital improve-
lar provision. sion.
The agreement includes the Senate provi- ment projects. The provision would also re-
The agreement includes the House provi-
sion. quire the Secretary of the Navy to provide
sion.
briefings and certain written information to
Public disclosure of results of Department of De- Subtitle E—Logistics and Sustainment
the congressional defense committees prior
fense testing of water for perfluoroalkyl or Mitigation of contested logistics challenges of to the start of physical construction on cer-
polyfluoroalkyl substances (sec. 345) the Department of Defense through reduc- tain large projects. Finally, the provision
The House bill contained a provision (sec. tion of operational energy demand (sec. 351) would require an annual report on the use of
319) that would require the Department of The House bill contained a provision (sec. SIOP funds from the Commander of the
Defense to publicly disclose the results of 341) that would require the Department of Naval Sea Systems Command, as well as a
testing for perfluoroalkyl or polyfluoroalkyl Defense to establish a contested logistics review by the Comptroller General of the
substances on military installations or for- working group for the purpose of mitigating United States, not later than May 1, 2023, of
merly used defense sites. energy-related contested logistics chal- the implementation of the SIOP.
The Senate amendment contained a simi- lenges. The House bill contained no similar provi-
lar provision (sec. 352). The Senate amendment contained no simi- sion.
The agreement includes the House provi- lar provision. The agreement includes the Senate provi-
sion with a technical amendment, which in- The agreement includes the House provi- sion.
cludes extending the reporting requirement sion with a technical amendment. Report and certification requirements regarding
deadline from 10 days to 20 days. Global bulk fuel management and delivery (sec. sustainment costs for fighter aircraft pro-
Review of agreements with non-Department en- 352) grams (sec. 356)
tities with respect to prevention and mitiga- The House bill contained a provision (sec. The House bill contained a provision (sec.
tion of spills of aqueous film-forming foam 342) that would amend subchapter 3 of chap- 347) that would require a report and certifi-
(sec. 346) ter 173 of title 10, United States Code, by cation regarding F–35 program sustainment
The House bill contained a provision (sec. adding a new section that would direct the costs and would prohibit the Secretary of
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330) that would require the Secretary of De- Secretary of Defense to designate a combat- Defense from entering into a performance-
fense to complete a review of mutual support ant command to be responsible for global based logistics sustainment contract before
agreements entered into with non-Depart- bulk fuel management and delivery. This certifying that the program met
ment of Defense entities (including state and provision would also direct a strategy on sustainment cost reduction metrics and that
local entities) that involve fire suppression global bulk fuel management and delivery. the contract would further reduce
activities in support of missions of the De- The Senate amendment contained no simi- sustainment costs, expressed in terms of cost
partment. lar provision. per tail per year.
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H7276 CONGRESSIONAL RECORD — HOUSE December 7, 2021
The Senate amendment contained no simi- Incident reporting requirements for Department military aviation mishaps, require a
lar provision. of Defense regarding lost or stolen weapons timeline for the establishment of the Coun-
The agreement includes the House provi- (sec. 363) cil, require a report on the implementation
sion with an amendment that would expand The House bill contained a provision (sec. of previous aviation safety-related rec-
coverage of the report to include F–35A/B/C, 362) that would add the Bureau of Alcohol, ommendations, and recommend an increase
F/A–18C/D/E/F/G, AV–8B, A–10C, F–16C/D, F– Tobacco, Firearms and Explosives to an ex- of $4.0 million in Operation and Mainte-
22, and F–15C/E/EX aircraft fleets. It would isting reporting requirement and add an an- nance, Defense-wide SAG 4GTN, for the
also define how the Secretary should cal- nual report to the Congress on missing, lost, Council.
culate the cost per tail per year. or stolen weapons, large amounts of ammu- The agreement includes the House provi-
nition, destructive devices, and explosive sion with an amendment that would: (1)
Comptroller General annual reviews of F–35
material for the previous year. Make several technical changes while retain-
sustainment efforts (sec. 357)
The Senate amendment contained a simi- ing the original scope of the Joint Safety
The House bill contained a provision (sec. lar provision (sec. 372) that would require the Council; (2) Change the membership of the
343) that would direct the Comptroller Gen- Secretary of Defense to submit to the con- Council to include the Director of Safety of
eral of the United States to conduct an an- gressional defense committees a report on each of the services; (3) Allow the Deputy
nual review of F–35 sustainment efforts, pro- security, control, thefts, losses, and recov- Secretary of Defense to appoint additional
vide annual briefings to the Committee on eries of sensitive conventional arms, ammu- members of the Council; (4) Establish a re-
Armed Services of the House of Representa- nition, and explosives of the Department of quirement for each military department to
tives, not later than March 1 of each year of Defense. Additionally, the provision would implement a system to monitor rec-
2022, 2023, 2024, and 2025, and annual reports require the Secretary of Defense to report a ommendations made in safety and legal in-
at a time agreed upon by the Comptroller confirmed theft, loss, or recovery of a sen- vestigation reports to ensure implementa-
General and the Committee on Armed Serv- sitive conventional arm, ammunition, or ex- tion of corrective actions; and (5) Authorize
ices of the House of Representatives. plosive within 72 hours to the National funds needed for operation of the Council.
The Senate amendment contained no simi- Crime Information Center and local law en- Improvements and clarifications related to mili-
lar provision. forcement. tary working dogs (sec. 373)
The agreement includes the House provi- The agreement includes the Senate provi- The House bill contained a provision (sec.
sion with an amendment that would add the sion. 372) that would amend section 2583 of title 10,
Committee on Armed Services of the Senate Strategy and annual report on critical language United States Code, and direct that retired
as a recipient of the Comptroller General’s proficiency of special operations forces (sec. military working dogs shall be transferred
report. 364) without charge to the adoption recipients.
Subtitle F—Reports The House bill contained a provision (sec. This provision would also amend section 708
Inclusion of information regarding borrowed 364) that would require the Assistant Sec- of the National Defense Authorization Act
military manpower in readiness reports (sec. retary of Defense for Special Operations and for Fiscal Year 2017 (Public Law 114–328) and
361) Low-Intensity Conflict (ASD SOLIC) to pre- direct the Joint Trauma Education and
pare a 5-year strategy on current and Training Directorate to consider military
The House bill contained a provision (sec. working dogs in its research and planning ef-
planned efforts to recruit, select, and train
361) that would amend section 482 of title 10, forts. Additionally, the provision would
special operations forces (SOF) in critical
United States Code, to require that semi- amend subsection (d)(1) of such section to in-
languages relevant to strategic competition.
annual readiness reports to the Congress in- clude veterinarians in the personnel manage-
This provision would also direct the ASD
clude information on the extent to which ment plan of certain wartime medical spe-
SOLIC to submit an annual report on the as-
servicemembers are assigned to perform cialties.
sessed proficiency of SOF in those critical
functions previously performed by civilian The Senate amendment contained no simi-
languages, not later than 1 year after the
employees or contractors. lar provision.
submission of the strategy.
The Senate amendment contained no simi- The Senate amendment contained no simi- The agreement includes the House provi-
lar provision. lar provision. sion with an amendment that would remove
The agreement includes the House provi- The agreement includes the House provi- the requirement for veterinarians to be in-
sion with an amendment that would remove sion with an amendment that would require cluded in the personnel management plan of
the reference to contractor personnel and the ASD SOLIC, in coordination with the certain critical medical specialties.
make other technical changes. Secretaries of the military departments, to Extension of temporary authority to extend con-
Annual report on material readiness of Navy develop a strategy to improve the language tracts and leases under the ARMS Initiative
ships (sec. 362) proficiency of special operations forces, in- (sec. 374)
cluding by identifying individuals who have The Senate amendment contained a provi-
The House bill contained a provision (sec.
proficiency in a critical language and re- sion (sec. 371) that would amend section 343
363) that would amend section 8674 of title 10,
cruiting and retaining such individuals in of the National Defense Authorization Act
United States Code, to make permanent the
the special operations forces of the Armed for Fiscal Year 2016 (Public Law 114–92) and
requirement for an annual report to the con-
Forces. extend the lease authority until November
gressional defense committees on the mate-
rial readiness of Navy ships. Subtitle G—Other Matters 25, 2025.
The Senate amendment contained a simi- Military Aviation and Installation Assurance The House bill contained no similar provi-
lar provision (sec. 373). Clearinghouse matters (sec. 371) sion.
The agreement includes the Senate provi-
The agreement includes the House provi- The House bill contained a provision (sec.
sion.
sion with an amendment that would remove 351) that would amend section 183a of title
the requirement that the classified form of 10, United States Code, to clarify the treat- Authority to maintain access to category 3 sub-
the report only be made available to the con- ment of notices of presumed risk. terranean training facility (sec. 375)
gressional defense committees. The Senate amendment contained a simi- The House bill contained a provision (sec.
We understand that based on the Navy’s in- lar provision (sec. 313) that would also amend 221) that would require the Secretary of De-
vestigation into the USS Bonhomme Richard section 183a(c) of title 10, United States fense to maintain access to a covered cat-
fire the Chief of Naval Operations intends to Code, to clarify a notice of presumed risk. egory 3 subterranean training facility on a
restructure the Naval Safety Center into the The provision would also direct the Depart- continuing basis and authorize the Secretary
Naval Safety Command with a more senior ment of Defense to develop a strategy to test to enter into a short-term lease with a pro-
flag officer in command and a mandate to and integrate wind turbine interference vider of a covered category 3 subterranean
ensure safety best practices and lessons mitigation technologies into radars and the training facility.
learned are more fully incorporated across air surveillance command and control archi- The Senate amendment contained no simi-
the Navy. tecture. lar provision.
Accordingly, we direct the Chief of Naval The agreement includes the Senate provi- The agreement includes the House provi-
Operations to provide a briefing to the Com- sion. sion with an amendment that would author-
mittees on Armed Services of the Senate and Establishment of Joint Safety Council (sec. 372) ize the Secretary of Defense to maintain ac-
the House of Representatives, not later than cess to a covered category 3 subterranean
The House bill contained a provision (sec.
March 1, 2022, on the roles and responsibil- training facility on a continuing basis and
352) that would establish, within the Office of
ities of the Naval Safety Command. This authorize the Secretary to enter into a
the Secretary of Defense, a Joint Safety
short-term lease with a provider of a covered
dlhill on DSK120RN23PROD with HOUSE
briefing shall include an assessment of the Council to advise the Secretary of Defense
appropriateness of such Command, or an- category 3 subterranean training facility.
and the Secretaries of the military depart-
other command, to conduct minimal or no- ments on all safety issues. Accident Investigation Review Board (sec. 376)
notice inspections of battle force ships un- The Senate amendment contained a simi- The House bill contained a provision (sec.
dergoing depot maintenance for compliance lar provision (sec. 903) that would establish a 353) that would require the Deputy Secretary
with applicable safety, firefighting, and Joint Aviation Safety Council, make certain of Defense to develop a proposal to establish
other procedures. findings, express the sense of Congress on a Mishap Investigation Review Board and to
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7277
deliver that proposal, as well as a timeline ment Training’’ (GAO–21–366). The provision We note that U.S. Africa Command identi-
for establishing such a board, to the congres- would also require the Secretary of the Navy fied maintaining its annual security co-
sional defense committees not later than 180 to provide a report to the congressional de- operation program as an unfunded require-
days after the date of the enactment of this fense committees on actions taken to imple- ment. We further note the importance of se-
Act. ment the recommendations and improve fa- curity cooperation programs in the U.S. Eu-
The Senate amendment contained no simi- tigue management in the surface fleet and ropean Command area of responsibility.
lar provision. would further require the Comptroller Gen- Therefore, we recommend an increase of
The agreement includes the House provi- eral of the United States to provide a brief- $59.6 million to OMDW, for SAG 4GTD DSCA
sion with an amendment that would: (1) ing to the congressional defense committees for U.S. Africa Command security coopera-
Clarify that the established review board on their assessment of that report. tion programs and activities within the ISCP
should include only the legal mishap review The Senate amendment contained no simi- account, and an increase of $45.1 million to
process, and not include the Department of lar provision. OMDW, for SAG 4GTD DSCA for U.S. Euro-
Defense safety process; (2) Change the name The agreement includes the House provi- pean Command security cooperation pro-
of the board to ‘‘Accident Investigation Re- sion. grams and activities within the ISCP ac-
view Board’’; and (3) Remove a requirement Authority for activities to improve next genera- count.
for the established board to report to the tion radar systems capabilities (sec. 380) Funding for Army Community Services
Joint Safety Council established elsewhere The House bill contained a provision (sec. The House bill contained a provision (sec.
in this Act. 374) that would permit the Secretary of De- 302) that would increase the funding table
Implementation of Comptroller General rec- fense to establish a Center of Excellence to authorization for operation and maintenance
ommendations on preventing tactical vehicle further the expertise of the Department of for Army base operations support, line 100,
training accidents (sec. 377) Defense in the repair, sustainment, and sup- for Army Community Services by $30.0 mil-
The House bill contained a provision (sec. port of radar systems. lion and decrease the funding table author-
354) that would require the Secretaries of the The Senate amendment contained no simi- izations for operation and maintenance for
Army and Navy to develop plans to address lar provision. Army Administration, line 440, by $15.0 mil-
the recommendations of the Government Ac- The agreement includes the House provi- lion and Army Other Service Support, line
countability Office (GAO) in a report pub- sion with an amendment that would broaden 480, by $15.0 million.
lished on July 7, 2021, titled ‘‘Military Vehi- the authority granted to the Secretary of The Senate amendment contained no simi-
cles: Army and Marine Corps Should Take Defense under this provision to include a lar provision.
Additional Actions to Mitigate and Prevent wider range of options to improve next gen- The agreement does not include this provi-
Training Accidents’’ (GAO–21–361) and sub- eration radar system capabilities. sion.
mit said plan to the congressional defense Pilot program on military working dog and ex- The authorization of specific amounts can
committees and the Comptroller General of plosives detection canine health and excel- be found in the funding tables.
the United States not later than 180 days lence (sec. 381) Increase in funding for civil military programs
after the date of the enactment of this Act. The House bill contained a provision (sec. The House bill contained a provision (sec.
The provision would also require the Secre- 375) that would require the Secretary of De- 303) that would increase the funding table
taries, not later than 18 months after enact- fense to carry out a pilot program to ensure authorization for operation and mainte-
ment, to implement such plans, subject to the health and excellence of explosives de- nance, Defense-wide, for Civil Military Pro-
certain exceptions. tection military working dogs. grams by $35.3 million, to be used in support
The Senate amendment contained no simi- The Senate amendment contained no simi- of the National Guard Youth Challenge Pro-
lar provision. lar provision. gram, and decrease the funding table author-
The agreement includes the House provi- The agreement includes the House provi- izations for operation and maintenance, De-
sion. sion with an amendment that would increase fense-wide, for the Office of the Secretary of
Requirements relating to emissions control tac- the rate of canines presented from 100 to 250 Defense, Line 540, by $35.3 million.
tics, techniques, and procedures (sec. 378) per fiscal year and would require that the The Senate amendment contained no simi-
The House bill contained a provision (sec. presentation be both in a central location lar provision.
324) that would require a review of current and at regional field evaluations in the The agreement does not include this provi-
electromagnetic spectrum emissions control United States. The amendment would also sion.
require that the pilot program evaluate cur- The authorization of specific amount can
standard operating procedures, the establish-
rent guidance for the procurement of mili- be found in the funding tables.
ment of standard operating procedures, and a
report on the implementation status of the tary working dogs to ensure that pricing Modification of authority for environmental res-
standards. structures and procurement requirements for toration projects of National Guard
The Senate amendment contained no simi- foreign and domestic canine procurements The House bill contained a provision (sec.
lar provision. accurately account for input cost differences 313) that would amend section 2707 of title 10,
The agreement includes the House provi- between foreign and domestic canines. Last- United States Code, to allow the National
sion with an amendment that would replace ly, the amendment would remove the con- Guard to access Defense Environmental Res-
the use of standards with tactics, techniques, sultation requirement and provide a tech- toration Programs funds.
and procedures. nical change. The Senate amendment contained no simi-
We understand that the Department of De- Department of Defense response to military lar provision.
fense must operate in a contested and con- lazing incidents (sec. 382) The agreement does not include this provi-
gested electromagnetic spectrum environ- The House bill contained a provision (sec. sion.
ment and effectively manage electro- 376) that would require the Secretary of De- Sense of Senate on energy independence and di-
magnetic emissions in current and future fense to conduct an investigation into inci- versification
conflicts. We, however, believe that the De- dents of military aircraft being lazed by the The Senate amendment contained a provi-
partment faces challenges in these areas. We general population in Hawaii, and provide a sion (sec. 317) that would express the sense of
are concerned that servicemembers, includ- report to the congressional defense commit- the Senate that the United States should re-
ing at the operational level, are not appro- tees on the findings of the investigation, not main energy independent to enhance na-
priately trained and equipped for success in later than March 31, 2022. The provision tional security.
the electromagnetic environment. The mili- would also require the Secretary to take cer- The House bill contained no similar provi-
tary services’ emission control tactics, tech- tain other actions relating to the lazing inci- sion.
niques, procedures, and associated training dents. The agreement does not include this provi-
are often inconsistent and inadequate. For The Senate amendment contained no simi- sion.
this reason, we expect the Department and lar provision. We believe that the United States should
the military services to review and, where The agreement includes the House provi- remain energy independent to enhance na-
necessary, update emission control-related sion with an amendment that would modify tional security. We also believe the United
tactics, techniques, and procedures. the scope of the required investigation to in- States should adopt an all-of-the-above en-
Management of fatigue among crew of naval clude all incidents of lazing of military air- ergy strategy to diversify and mitigate the
surface ships and related improvements (sec. craft that occurred during fiscal year 2021. risk of becoming energy and materially de-
379) LEGISLATIVE PROVISIONS NOT ADOPTED pendent on vulnerable sources of energy and
The House bill contained a provision (sec. International Security Cooperation Programs energy technology that may constrain the
operations of the Armed Forces of the United
dlhill on DSK120RN23PROD with HOUSE
373) that would require the Secretary of the The budget request included $44.9 billion
Navy to implement each of the recommenda- for Operation and Maintenance, Defense- States.
tions for executive action in the Government Wide (OMDW), of which $2.1 billion was re- Standards for response actions with respect to
Accountability Office (GAO) report, pub- quested for SAG 4GTD Defense Security Co- PFAS contamination
lished May 27, 2021, titled ‘‘Navy Readiness: operation Agency (DSCA), and of which $1.1 The House bill contained a provision (sec.
Additional Efforts Are Needed to Manage Fa- billion is for the International Security Co- 321) that would require the Secretary of De-
tigue, Reduce Crewing Shortfalls, and Imple- operation Programs (ISCP) account. fense to meet or exceed the most stringent
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H7278 CONGRESSIONAL RECORD — HOUSE December 7, 2021
standards between an enforceable state any longer for the Air Force to acquire con- The Senate amendment contained no simi-
standard under the Comprehensive Environ- taminated property. We believe that the Sec- lar provision.
mental Response, Compensation, and Liabil- retary of the Air Force should, in an expedi- The agreement does not include this provi-
ity Act of 1980 (CERCLA) (42 U.S.C. 9601 et tious manner, use the authority under sec- sion.
seq.), an enforceable Federal standard under tion 344 of the National Defense Authoriza- We note that many non-tactical vehicle
CERCLA, or a health advisory under the tion Act for Fiscal Year 2020 (Public Law manufacturers are transitioning to alter-
Safe Drinking Water Act (42 U.S.C. 300g–1) 116–92) to acquire contaminated property, re- natively fueled vehicles. These vehicles are
when performing removal or remediation ac- mediate or dispose of it pursuant to Federal becoming increasingly common in the
tions of perfluorooctane sulfonate or and State environmental laws, and provide United States’ economy. We encourage the
perfluorooctanoic acid contamination from relocation assistance. Department of Defense to maximize the
Department of Defense or National Guard ac- Accordingly, we direct the Secretary of the adoption of alternatively fueled non-tactical
tivities found in drinking water or in Air Force to submit to the Committees on vehicles to the greatest extent practicable.
Armed Services of the Senate and the House Further, we encourage the Department to
groundwater that is not currently used for
of Representatives, not later than 90 days maximize its use of existing authorities to
drinking water.
after the date of the enactment of this Act, facilitate the purchase and use of supporting
The Senate amendment contained no simi-
a report on the progress of the Air Force in infrastructure necessary for these vehicles.
lar provision.
The agreement does not include this provi- carrying out section 344 of the National De- Report on clean up of contaminated Army prop-
sion. fense Authorization Act for Fiscal Year 2020. erty
Pilot program on use of sustainable aviation The report shall include the following: The House bill contained a provision (sec.
fuel (1) A detailed description of any real prop- 336) that would require the Secretary of the
erty contaminated by PFOA and PFOS by Army to submit a report on the clean-up of
The House bill contained a provision (sec. activities of the Air Force; contaminated Army property to the Com-
326) that would require the Department of (2) A description of any progress made by mittees on Armed Services of the Senate and
Defense to conduct a pilot program on the the Secretary of the Air Force to acquire and the House of Representatives not later than
use of 10 percent blend sustainable aviation remediate or dispose of property pursuant to 180 days after the date of the enactment of
fuel at two geographically diverse locations Federal and state environmental laws or pro- this Act.
by 2028. vide relocation assistance pursuant to sec- The Senate amendment contained no simi-
The Senate amendment contained no simi- tion 344 of the National Defense Authoriza- lar provision.
lar provision. tion Act for Fiscal Year 2020; and The agreement does not include this provi-
The agreement does not include this provi- (3) If the Secretary of the Air Force has sion.
sion. not acquired and remediated or disposed of We note that there are numerous prop-
We are encouraged by the Department of property pursuant to Federal and State envi- erties that were under the jurisdiction of the
Defense’s continuing efforts to certify sus- Department of the Army, such as former
ronmental laws or provided relocation assist-
tainable aviation fuels for use by military Nike missile sites, but that have been trans-
ance pursuant to such section, an expla-
aircraft. We note, however, that this effort ferred to units of local government. Many of
nation of why not.
has remained in the lab, and that given the these properties may remain polluted be-
Short title [National Security Climate Resilience cause of activity by the Department of De-
trend towards greater incorporation of sus-
Act] fense, and this pollution may inhibit the use
tainable aviation fuel in commercial avia-
tion the military departments should take The Senate amendment contained a provi- of these properties for commercial or resi-
all necessary steps to ensure that they do sion (sec. 331) that would state the subtitle dential purposes. Knowledge and under-
not fall behind the greater aviation industry. may be cited as the ‘‘National Security Cli- standing of the impacts of contaminants
Small scale tests at installations, particu- mate Resilience Act.’’ from Department of Defense (DOD) activities
The House bill contained no similar provi- have developed and changed over time. We
larly where they can leverage efficiencies re-
sion. believe that the DOD has an obligation to fa-
lated to partnering with local airports, may The agreement does not include this provi- cilitate the clean-up of such pollutants even
help inform the military departments of sion. after the sites have been transferred to local
challenges and benefits related to the great-
Amendment to budgeting of Department of De- governments.
er use of these fuels. As such, we direct the Secretary of the
fense relating to extreme weather
Joint Department of Defense and Department of Army to submit to the Committees on
The House bill contained a provision (sec.
Agriculture study on bioremediation of Armed Services of the Senate and the House
332) that would amend section 328(a) of the
PFAS using mycological organic matter of Representatives, not later than 180 days
National Defense Authorization Act for Fis-
The House bill contained a provision (sec. after the date of the enactment of this Act,
cal Year 2020 (Public Law 116–92) to include a
327) that would require the Secretary of De- a report that contains each of the following:
calculation of the annual costs to the De- (1) A plan to facilitate the clean-up of each
fense and the Secretary of Agriculture to partment of Defense for assistance provided
jointly carry out a study on bioremediation contaminated property that was under the
to the Federal Emergency Management jurisdiction of the Department of the Army
of perfluoroalkyl or polyfluoroalkyl sub- Agency (FEMA) or Federal land manage-
stances using mycological organic matter. and subsequently transferred to a unit of
ment agencies and any State, territory, or local government;
The Senate amendment contained no simi- possession under title 10 or title 32, United (2) An identification of any site where the
lar provision. States Code, regarding extreme weather. Department of the Army has previously con-
The agreement does not include this provi- The Senate amendment contained no simi- ducted clean-up activities but due to con-
sion. lar provision. taminants not discovered until after transfer
We encourage the Department of Defense The agreement does not include this provi- or newly identified contaminants additional
to continue research into innovative clean- sion. clean-up may be necessary;
up technologies including phytoremediation We direct the Undersecretary of Defense (3) An explanation of how any site identi-
of environmental contamination including (Comptroller) to provide a briefing to the fied under paragraph (2) is to be prioritized
mycological and agricultural organic mat- Committees on Armed Services of the Senate relative to other sites, such as active sites or
ter. and the House of Representatives on the De- sites set for transfer;
Report on Air Force progress regarding contami- partment of Defense’s obligations and ex- (4) A detailed plan to conduct preliminary
nated real property penditures for domestic wildfire response ac- assessments and site inspections for each
The House bill contained a provision (sec. tivities not later than March 31, 2022. The site identified under paragraph (2) not later
328) that would require the Secretary of the briefing shall include budget and financial than 5 years after the date of the submittal
Air Force to submit a report on the Air information for fiscal years 2020 and 2021 on of the report.
Force’s progress regarding contaminated total military support provided to the FEMA Sense of Congress regarding report of the Inter-
real property. and other Federal land management agen- governmental Panel on Climate Change
The Senate amendment contained a simi- cies for wildfire response as well as to U.S. The House bill contained a provision (sec.
lar provision (sec. 5303). States, territories, and possessions. The 339) that would express the sense of Congress
The agreement does not include these pro- briefing shall include information on the regarding the report of the Intergovern-
visions. amount of support provided on a reimburs- mental Panel on Climate Change.
We note that certain property on or near able and non-reimbursable basis and describe The Senate amendment contained no simi-
Air Force facilities located in the United how the Department plans and budgets for lar provision.
States are contaminated with harmful wildfire-related costs. The agreement does not include this provi-
Sense of Congress regarding electric or zero- sion.
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perfluorooctanoic acid (PFOA) and
perfluorooctane sulfonate (PFOS) chemicals. emission vehicles for non-combat vehicle Pilot program on implementation of mitigating
PFOA and PFOS contamination threatens fleet actions to address vulnerabilities to critical
the jobs, lives, and livelihoods of citizens and The House bill contained a provision (sec. defense facilities and associated defense
livestock who live in contaminated areas. 333) that would express a sense of Congress critical electric infrastructure
Further, property owners, especially those regarding electric or zero-emission vehicles The House bill contained a provision (sec.
facing severe financial hardship, cannot wait for a non-combat vehicle fleet. 346) that would authorize the Secretary of
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7279
Defense, in coordination with the Secretary Army and Navy to conduct a joint pilot pro- (7) Any barriers to the timely review and
of Energy, to conduct a pilot program to gram to evaluate the feasibility of using generation of Air Installations Compatible
mitigate vulnerabilities in defense critical data recorders to improve the readiness and Use Zones studies, including with respect to
electric infrastructure. safety of the operation of military tactical staffing and gaps in authorities;
The Senate amendment contained no simi- vehicles. (8) The estimated cost to develop and up-
lar provision. The Senate amendment contained no simi- date required Air Installations Compatible
The agreement does not include this provi- lar provision. Use Zones practices and studies; and
sion. The agreement does not include this provi- (9) Future opportunities to consult with
Report on maintenance and repair of aircraft sion. local communities.
We note that data recorders could be uti- We further direct the Secretary to provide
turbine engine rotors
lized to improve the readiness and safety of a report to the Committees on Armed Serv-
The House bill contained a provision (sec. ices of the Senate and the House of Rep-
the operation of military tactical vehicles.
348) that would require the Secretary of De- resentatives, not later than 1 year after the
Accordingly, we direct the Secretary of the
fense to submit a report on the inventory, date of the enactment of this Act, providing
Army to provide a report to the Committees
maintenance, and repair of aircraft turbine the results of this process.
on Armed Services of the Senate and the
engine rotors by the Department of Defense. Study on use of military resources to transport
House of Representatives, not later than
The Senate amendment contained no simi- certain individuals and effect on military
March 1, 2022, on the design, cost, scope, and
lar provision. readiness
potential benefits of a pilot program to test
The agreement does not include this provi-
the use of data recorders to improve tactical The House bill contained a provision (sec.
sion.
We direct the Secretary of Defense to sub- vehicle safety. 366) that would direct the Secretary of De-
mit to the Committees on Armed Services of Implementation of Comptroller General rec- fense to conduct a study to determine the ef-
ommendations relating to mitigation and fect on readiness of using Department of De-
the Senate and the House of Representatives,
prevention of training accidents fense resources to transport individuals who
not later than 180 days after the date of the
The House bill contained a provision (sec. have crossed the southern border of the
enactment of this Act, a report on the inven-
356) that would require the Secretary of De- United States without authorization and
tory, maintenance, and repair of aircraft tur-
fense to take a range of actions relating to submit a report to the Congress on such
bine engine rotors by the Department of De-
the improvement of tactical vehicle risk study.
fense. The report shall include the following The Senate amendment contained no simi-
information (disaggregated by aircraft type management and would require the Secre-
lar provision.
and military department): taries of the military departments to estab- The agreement does not include this provi-
(1) A total inventory of all replacement lish a joint collaboration forum for range of- sion.
aircraft turbine engine rotors produced or ficials. We direct the Secretary of Defense to con-
procured by department; The Senate amendment contained no simi- duct a study examining the effect on mili-
(2) The total production and procurement lar provision. tary readiness of using Department of De-
costs in fiscal year 2021 for such replacement The agreement does not include this provi- fense resources to transport an individual
rotors; sion. who has crossed the southern border of the
(3) The projected production and procure- We note that nearly identical requirements
United States without authorization. The
ment costs for such replacement rotors for are required elsewhere in this agreement.
Secretary of Defense shall submit a report,
fiscal years 2022, 2023, and 2024; and Report and briefing on approach for certain not later than June 1, 2022, to the Commit-
(4) Any funds invested by the Department properties affected by noise from military tees on Armed Services of the Senate and the
to modernize the maintenance and repair of flight operations House of Representatives containing the
aircraft turbine engine rotors, and to lower The House bill contained a provision (sec. findings of such study.
associated costs. 365) that would require the Department of Report and briefing on Project Pele mobile nu-
The report shall be submitted in unclassi- Defense to provide a briefing and report on clear microreactors
fied form, but may have a classified annex. the use and applicability of the Air Installa-
The House bill contained a provision (sec.
Briefing on Air Force plan for certain aerospace tion Compatible Use Zones program to sup-
367) that would require the Director of the
ground equipment modernization port noise mitigation and insulation efforts. Strategic Capabilities Office of the Depart-
The House bill contained a provision (sec. The Senate amendment contained no simi-
ment of Defense, in coordination with the
349) that would require the Air Force to pro- lar provision.
The agreement does not include this provi- Secretary of Energy, to provide to the con-
vide a briefing to the Committee on Armed gressional defense committees a briefing and
Services of the House of Representatives on sion.
We direct the Secretary of Defense, not report on Project Pele mobile nuclear micro-
current and future plans for the replacement reactors.
later than 180 days after the date of the en-
of aging aerospace ground equipment The Senate amendment contained no simi-
The Senate amendment contained no simi- actment of this Act, to provide a briefing to
lar provision.
lar provision. the Committees on Armed Services of the The agreement does not include this provi-
The agreement does not include this provi- Senate and the House of Representatives sion.
sion. that includes, at a minimum, discussion of We direct the Director of the Strategic Ca-
We agree to direct that, by March 1, 2022, the following: pabilities Office of the Department of De-
the Secretary of the Air Force to provide a (1) Changes to current practices regarding fense, in coordination with the Secretary of
briefing to the Committees on Armed Serv- Air Installations Compatible Use Zones that Energy, to provide to the congressional de-
ices of the Senate and the House of Rep- are necessary to support noise mitigation fense committees, the Committee on Energy
resentatives on plans for the replacement of and insulation efforts relating to existing and Natural Resources of the Senate, and the
aging aerospace ground equipment, which covered facilities; Committee on Energy and Commerce of the
(2) The number of fixed wing aircraft facili- House of Representatives, a briefing on the
shall include:
ties covered by existing Air Installations development, and current and predicted
(1) An analysis of the tactical and
Compatible Use Zones studies; progress, of the ‘‘Project Pele’’ effort to de-
logistical benefits and costs of transitioning
(3) The proportion of existing Air Installa-
from multi-component aerospace ground sign, build, and demonstrate a prototype mo-
tions Compatible Use Zones studies that ac- bile nuclear microreactor. The briefing shall
equipment systems to modern, all-in-one
curately reflect current and reasonably fore- be provided not later than 180 days after the
systems;
seeable fixed wing aviation activity; date of the enactment of this Act and in-
(2) An overview of plans to replace legacy (4) Expected timelines for each military
air start carts with modern aerospace ground clude a discussion of the following:
department to develop and update all Air In- (1) Changes to previous deployment ration-
equipment technology; stallations Compatible Use Zones studies to
(3) An analysis of the long-term mainte- ales or strategies;
reflect current and reasonably foreseeable (2) Proposed deployment locations for mo-
nance and fuel savings that could be realized
fixed wing activity; bile nuclear microreactors, both domesti-
by the Air Force if the legacy air start cart (5) An approximate number of covered fa-
systems were upgraded to next generation cally and abroad;
cilities anticipated to be within the 65 dB (3) The safety and regulatory requirements
systems; day-night average sound level for installa-
(4) An analysis of the average yearly cost of the proposed mobile nuclear microreac-
tions with existing Air Installations Compat- tors, both domestically and abroad;
to the Air Force of maintaining legacy aero-
ible Use Zones studies, including such facili- (4) The need for mobile nuclear microreac-
space ground equipment; and
ties specifically located in crash zones or ac- tors to meet the energy needs of expedi-
(5) A comparison of the cost of recondi-
cident potential zones; tionary and defensive requirements of the
tioning these existing legacy systems com-
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(6) An assessment of the viability of mak- Department of Defense, including with re-
pared to the cost of replacing them with ing eligibility to receive funding for noise spect to electric combat vehicles, and the
modern equipment. mitigation and insulation efforts contingent ability of mobile nuclear microreactors to
Pilot program for tactical vehicle safety data on the completion of certain measures to en- adequately meet such needs;
collection sure compatibility of civilian land use activ- (5) The safety concerns and precautions re-
The House bill contained a provision (sec. ity with Air Installations Compatible Use lating to the transfer of mobile nuclear
355) that would require the Secretaries of the Zones conclusions; microreactors;
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H7280 CONGRESSIONAL RECORD — HOUSE December 7, 2021
(6) The safety concerns and precautions re- will include an identification and evaluation has merit in sustaining readiness. The report
lating to the demonstration of the deploy- of technology, research, and development ac- shall also include an assessment of projected
ment of mobile nuclear microreactors, in- tivities; an identification of gaps in the in- procurement and sustainment costs associ-
cluding by air, before and after the irradia- dustrial base; an evaluation of training and ated with the initial 5 years of executing this
tion of nuclear fuel; retention for EOD servicemembers; an as- effort as an operational program.
(7) Opportunities to consult with local sessment of risk in EOD force structure; and Study on disease prevention for military work-
communities potentially affected by the de- demand for activities in support of both De- ing dogs
ployment, or the demonstration of the de- partment of Defense and Federal agencies for
The House bill contained a provision (sec.
ployment, of mobile nuclear microreactors; EOD activities. We expect this study to be
379) that would direct the head of Army Vet-
and completed imminently.
(8) Security concerns related to potential erinary Services to submit to the Congress a
We recognize ongoing interest in deter-
adversarial attacks on deployed mobile nu- report containing the findings of an updated
mining ways in which to strengthen the
clear microreactors or adversarial seizing of study on the potential introduction of for-
structure and authorities of EOD equities
mobile nuclear microreactors, and the radio- eign animal diseases and current prevention
across the Department of Defense.
active fuel therein, for use in radiological protocol and strategies to protect the health
Therefore, we direct the Secretary of De-
weapons. of military working dogs.
fense to submit a report to the Committees
We further direct the Director to submit a The Senate amendment contained no simi-
on Armed Services of the Senate and the
report on the current progress of the Project lar provision.
House of Representatives, not later than
Pele effort as discussed in the briefing to the The agreement does not include this provi-
April 30, 2022, regarding the roles and respon-
congressional defense committees, the Com- sion.
sibilities of the military services involved in
mittee on Energy and Natural Resources of We note that while both the Department of
the EOD program. The report shall be in-
the Senate, and the Committee on Energy Defense and the Comptroller General of the
formed by the previously mentioned FFRDC
and Commerce of the House of Representa- United States have previously reported on
study and cover the feasibility and advis-
tives, not later than 1 year after the date of various aspects of the Military Working Dog
ability of the following:
the enactment of this Act. program, none of these reports include infor-
(1) Assigning the Director of the Defense
mation on risks associated with dog procure-
Budget justification for operation and mainte- Threat Reduction Agency to manage the De-
ment from foreign sources and whether these
nance fense-wide program element funding for the
animals have the potential to arrive in the
The House bill contained a provision (sec. EOD program;
United States with foreign diseases that
371) that would direct the Secretary of De- (2) Designating a Navy explosive ordnance
could impact the health of domestically
fense, in consultation with the Secretaries of disposal-qualified admiral officer to serve as
whelped and procured animals. Accordingly,
the military departments, to provide budget the co-chair of the EOD program;
we direct the head of Army Veterinary Serv-
justification details for Operation and Main- (3) Designating the Deputy Assistant Sec-
ices, in consultation with the Air Force as
tenance (O&M) accounts, including informa- retary of Defense for Special Operations and
the executive agent for the Military Working
tion displayed by sub-activity group, as de- Combating Terrorism as the co-chair of the
Dog program, to provide a report to the
tailed in the future years defense program, EOD program;
Committees on Armed Services of the Senate
as well as material readiness objectives and (4) Amending section 167(k) of title 10,
and the House of Representatives, not later
any associated risks to the supply chain. United States Code, to include ‘‘Explosive
than March 1, 2022, assessing the risks asso-
The Senate amendment contained no simi- ordnance disposal’’ in special operations ac-
ciated with the procurement of dogs from
lar provision. tivities;
foreign sources, including the potential for
The agreement does not include this provi- (5) Transferring the 20th Chemical, Bio-
foreign diseases to impact the health of do-
sion. logical, Radiological, Nuclear, Explosives
mestically procured and whelped animals.
We continue to be concerned with the lack Command of the Army to the Army Special
The report shall include an assessment of
of transparency in weapon systems Operations Command within the U.S. Special
protocols in place to protect the health of all
sustainment costs within the O&M budget Operations Command;
(6) Designating an Assistant Secretary of military working dogs.
request. We note that the Department of De-
fense struggles to accurately present these the Army as the key individual responsible Treatment by Department of Defense of
sustainment costs and tie requirements to for developing and overseeing policy, plans, perfluoroalkyl substances and
available resources. This lack of trans- programs, and budgets, and issuing guidance polyfluoroalkyl substances
parency frustrates congressional oversight and providing direction on the EOD activi- The Senate amendment contained a provi-
and taxpayer accountability. It also hinders ties of the Army; sion (sec. 5302) that would amend section
the ability of the defense industrial base to (7) Designating EOD as a basic branch of 2714(e)(2) of title 10, United States Code, as
properly plan and make necessary invest- the Army; and added by section 351(a)(6) of the Senate
ments in the supply chain to meet demand (8) Any other matters deemed relevant by amendment, to make a clarifying change.
changes, which, in turn, can adversely affect the Secretary. The House bill contained no similar provi-
readiness. We encourage the Department to Pilot program on use of working dogs to detect sion.
review O&M budget justification documents early stages of diseases The agreement does not include this provi-
to improve transparency and make more in- The House bill contained a provision (sec. sion.
formation available on weapon sustainment We note that the clarifying change is made
378) that would direct the Secretary of De-
requirements and associated costs. elsewhere in this Act.
fense to conduct a pilot program to deter-
Explosive ordnance disposal defense program mine the effectiveness of using scent detec- Report on impact of Operation Allies Welcome
The House bill contained a provision (sec. tion working dogs to detect the early stages on the National Guard
377) that would make structural changes to of diseases, including the coronavirus disease The Senate amendment contained a provi-
the Explosive Ordnance Disposal (EOD) pro- 2019 (COVID–19). sion (sec. 6005) that would require the Sec-
gram as well as a provision (sec. 913) that The Senate amendment contained no simi- retary of Defense to submit to the Congress
would amend section 167(k) of title 10, United lar provision. a report on the impacts of the Afghan reset-
States Code, to include ‘‘Explosive ordnance The agreement does not include this provi- tlement mission, Operation Allies Welcome,
disposal’’ in special operations activities. sion. on the National Guard.
The House bill also contained a provision We are aware of the ongoing research ef- The House bill contained no similar provi-
(sec. 918) that would transfer the 20th Chem- fort conducted by the Department of the sion.
ical, Biological, Radiological, Nuclear, Ex- Army, in partnership with the University of The agreement does not include this provi-
plosives Command of the Army to the Army Pennsylvania, titled Training Aid Delivery sion.
Special Operations Command and a provision Device 2.0 Training Support for COVID–19 We direct the Secretary of Defense to sub-
(sec. 598) that would add an element to the Detection. This research effort will soon mit to the Committees on Armed Services of
report regarding the designation of the EOD complete Phase 2 and is showing promising the Senate and the House of Representatives
Corps as a basic branch of the Army. results. The final phase, Phase 3, is expected a report on the impacts of the Afghan reset-
The Senate amendment contained no simi- to begin as early as December 2021 and pro- tlement mission, Operation Allies Welcome,
lar provisions. jected to last 1 year in duration. We encour- on the National Guard, not later than May 1,
The agreement does not include these pro- age the Department of Defense to fund Phase 2022. The report shall address:
visions. 3 of this research. (1) The impacts of the mission on readi-
We note section 1072 of the William M. Additionally, we direct the Secretary of ness, training, maintenance, and equipment,
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(Mac) Thornberry National Defense Author- Defense to provide a report to the Commit- and the ability of the National Guard to sup-
ization Act for Fiscal Year 2021 (Public Law tees on Armed Services of the Senate and the port duties under Title 10 and Title 32,
116–283) directed a study by a federally fund- House of Representatives, not later than Au- United States Code;
ed research and development center gust 1, 2022, on the Department’s plans to (2) Costs incurred by the National Guard in
(FFRDC) to identify and evaluate the roles complete this research effort and to transi- support of the mission; and
and responsibilities of the military services tion this effort to an operational program if (3) Any other matters the Secretary con-
involved in the EOD program. This study the research demonstrates that the effort cerned deems appropriate.
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7281
Report on the demilitarization abroad of unserv- Additional authority to vary Space Force end Maximum number of reserve personnel author-
iceable munitions located outside the United strength (sec. 403) ized to be on active duty for operational
States The Senate amendment contained a provi- support (sec. 414)
The Senate amendment contained a provi- sion (sec. 403) that would authorize the Sec- The House bill contained a provision (sec.
sion (sec. 6007) that would require a report on retary of the Air Force to vary the end 414) that would authorize the maximum
the demilitarization abroad of unserviceable strength of the Space Force in excess of the number of reserve component personnel who
munitions located outside the United States. existing authorization in section 115 of title may be on Active Duty or full-time National
The House bill contained no similar provi- 10, United States Code, until December 31, Guard duty under section 115(b) of title 10,
sion. 2022. United States Code, during fiscal year 2022 to
The agreement does not include this provi- The House bill contained no similar provi- provide operational support.
sion. sion. The Senate amendment contained an iden-
We direct the Secretary of Defense to sub- The agreement includes the Senate provi- tical provision (sec. 414).
mit to the Committees on Armed Services of The agreement includes this provision.
sion.
the Senate and the House of Representatives Accounting of reserve component members per-
a report setting forth an assessment of the Subtitle B—Reserve Forces forming active duty or full-time National
feasibility and advisability of demilitarizing End strengths for Selected Reserve (sec. 411) Guard duty towards authorized end
abroad of unserviceable munitions that are The House bill contained a provision (sec. strengths (sec. 415)
located outside the United States in order to 411) that would authorize end strengths for The House bill contained a provision (sec.
avoid the costs of transporting such muni- Selected Reserve personnel of the reserve 415) that would amend section 115 of title 10,
tions to the United States for demilitariza- components of the Armed Forces as of Sep- United States Code, to increase the number
tion. The report shall be submitted not later tember 30, 2022, as follows: the Army Na- of days a member of the reserve component
than 180 days after the date of the enactment tional Guard of the United States, 336,000; may serve on Active Duty and be excluded
of this Act. In preparing the evaluation re- the Army Reserve, 189,500; the Navy Reserve, from certain Active-Duty end strength au-
quired for the report, the Secretary shall 58,600; the Marine Corps Reserve, 36,800, the thorizations.
take into account the following: Air National Guard of the United States, The Senate amendment contained no simi-
(1) The need for mitigation of adverse envi- 108,300; the Air Force Reserve, 70,300; and the lar provision.
ronmental impacts, or impacts to the health Coast Guard Reserve, 7,000. The agreement includes the House provi-
and safety of local populations, in the de- sion.
The Senate amendment contained an iden-
militarization of unserviceable munitions; We note that increasing the number of
tical provision (sec. 411).
(2) The availability and ease of use of mu- days a member of the reserve component
nitions demilitarization technologies and The agreement includes this provision.
may serve on Active Duty and be excluded
mechanisms abroad, whether or not cur- End strengths for Reserves on active duty in from Active-Duty end strength calculations
rently in use by the Army, including avail- support of the reserves (sec. 412) reduces congressional oversight of reserve
able non-incineration technologies; and The House bill contained a provision (sec. component utilization. Therefore, we direct
(3) Any costs savings achievable through 412) that would authorize end strengths for the Under Secretary of Defense for Personnel
demilitarization of unserviceable munitions Reserve personnel of the Armed Forces on and Readiness to deliver a briefing to the
abroad. Active Duty in support of the reserve compo- Committees on Armed Services of the Senate
If the Secretary determines for purposes of nents as of September 30, 2022, as follows: the and the House of Representatives, not later
the report that the demilitarization abroad Army National Guard of the United States, than June 1, 2022, that includes the following
of unserviceable munitions located outside 30,845; the Army Reserve, 16,511; the Navy elements:
the United States is feasible and advisable, Reserve, 10,293; the Marine Corps Reserve, (1) The number of reserve component mem-
the report shall include a description and as- 2,386, the Air National Guard of the United bers who have served on Active Duty and
sessment of various technologies and other States, 26,661; and the Air Force Reserve, full-time National Guard duty in excess of
mechanisms that would be suitable for such 6,003. 1095 days over the previous 1460 days by fis-
demilitarization. The Senate amendment contained a simi- cal year since 2015;
TITLE IV—MILITARY PERSONNEL lar provision (sec. 412) that would authorize (2) A justification for why extended periods
AUTHORIZATIONS end strengths for Reserve personnel of the of Active Duty and full-time National Guard
Subtitle A—Active Forces Armed Forces on Active Duty in support of duty should be excluded from Active-Duty
the reserve components as of September 30, end strength authorizations;
End strengths for active forces (sec. 401) (3) An explanation of how the Department
2022, as follows: the Army National Guard of
The House bill contained a provision (sec. of Defense accounts for and tracks cumu-
the United States, 30,845; the Army Reserve,
401) that would authorize Active-Duty end lative time a member of the reserve compo-
16,511; the Navy Reserve, 10,293; the Marine
strength as of September 30, 2022, as follows: nent serves on Active Duty and full-time Na-
Corps Reserve, 2,386, the Air National Guard
Army, 485,000; Navy, 346,200; Marine Corps, tional Guard duty; and
of the United States, 25,333; and the Air
178,500; Air Force, 328,300; and Space Force, (4) Any other matters the Under Secretary
Force Reserve, 6,003.
8,400. considers relevant.
The Senate amendment contained a simi- The agreement includes the Senate provi-
sion. Subtitle C—Authorization of Appropriations
lar provision (sec. 401) that would authorize
End strengths for military technicians (dual sta- Military personnel (sec. 421)
Active-Duty end strength as of September 30,
2022, as follows: Army, 485,000; Navy, 346,200; tus) (sec. 413) The House bill contained a provision (sec.
Marine Corps, 178,500; Air Force, 329,220; and 421) that would authorize appropriations for
The House bill contained a provision (sec.
Space Force, 8,400. military personnel at the levels identified in
413) that would authorize end strengths for
The agreement includes the Senate provi- the funding table in section 4401 of division D
military technicians (dual status) as of Sep-
sion with an amendment that would author- of this Act.
tember 30, 2022, as follows: the Army Na-
ize Active-Duty end strength as of Sep- The Senate amendment contained an iden-
tional Guard of the United States, 22,294; the
tember 30, 2022, as follows: Army, 485,000; tical provision (sec. 421).
Army Reserve, 6,492; the Air National Guard The agreement includes this provision.
Navy, 346,920; Marine Corps, 178,500; Air of the United States, 9,885; and the Air Force
Force, 329,220; and Space Force, 8,400. Reserve, 7,111. TITLE V—MILITARY PERSONNEL POLICY
Revisions in permanent active duty end strength The Senate amendment contained a simi- Subtitle A—Officer Personnel Policy
minimum levels (sec. 402) lar provision (sec. 413) that would authorize Authority with respect to authorized strengths
The House bill contained a provision (sec. end strengths for military technicians (dual for general and flag officers within the
402) that would amend section 691 of title 10, status) as of September 30, 2022, as follows: Armed Forces for emerging requirements
United States Code, to establish new min- the Army National Guard of the United (sec. 501)
imum Active-Duty end strengths for the States, 22,294; the Army Reserve, 6,492; the The Senate amendment contained a provi-
Army, Navy, Marine Corps, Air Force, and Air National Guard of the United States, sion (sec. 402) that would authorize the Sec-
Space Force as of September 30, 2022. 10,994; and the Air Force Reserve, 7,111. The retary of Defense to increase the maximum
The Senate amendment contained no simi- provision would also limit the number of number of brigadier generals or major gen-
lar provision. temporary military technicians (dual status) erals in the Army, Air Force, Marine Corps,
The agreement includes the House provi- to 25 percent of the authorized end strength or Space Force, or rear admirals (lower half)
sion with an amendment that would amend and prohibit a State from coercing military or rear admirals in the Navy, allowed under
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section 691 of title 10, United States Code, to technicians into accepting an offer of re- sections 525 and 526 of title 10, United States
establish new minimum Active-Duty end alignment or conversion to any other mili- Code, and the President to appoint such offi-
strengths for the Army, Navy, Marine Corps, tary status, including as a member of the cers, if each appointment is made in con-
Air Force, and Space Force as of September Active, Guard, and Reserve program of a re- junction with an offsetting reduction in one
30, 2022, as follows: Army, 485,000; Navy, serve component. of the other Armed Forces.
346,920; Marine Corps, 178,500; Air Force, The agreement includes the Senate provi- The House bill contained no similar provi-
329,220; and Space Force, 8,400. sion with a technical amendment. sion.
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H7282 CONGRESSIONAL RECORD — HOUSE December 7, 2021
The agreement includes the Senate provi- Reports on Air Force personnel performing du- The agreement includes the House provi-
sion with an amendment that would require ties of a Nuclear and Missile Operations Of- sion with an amendment that would make a
the Secretary concerned to submit written ficer (13N) (sec. 506) clarifying change and remove the notifica-
notice of the offsetting reductions made The Senate amendment contained a provi- tion requirement.
under such section. sion (sec. 594) that would direct the Sec- We direct the Secretary of Defense to pro-
Time in grade requirements (sec. 502) retary of the Air Force to submit a report on vide the Committees on Armed Services of
The Senate amendment contained a provi- personnel performing the duties of a Nuclear the Senate and the House of Representatives
sion (sec. 502) that would amend section and Missile Operations officer not later than a report, not later than January 1, 2023, on
619(a) of title 10, United States Code, to au- 90 days after the date of the enactment of the feasibility and cost to transition the sup-
thorize the Secretary of the military depart- this Act. port to a contract workforce after 2026.
ment concerned to prescribe a shorter period The House bill contained no similar provi-
Enhancement of National Guard Youth Chal-
of service in grade, but not less than 2 years, sion.
lenge Program (sec. 516)
for eligibility for consideration for pro- The agreement includes the Senate provi-
motion of certain officers designated for lim- sion. The House bill contained a provision (sec.
ited duty. Subtitle B—Reserve Component 509A) that would authorize the Secretary of
The House bill contained no similar provi- Management Defense to provide assistance to a National
sion. Modification of grant program supporting Guard Youth Challenge Program of a State
The agreement includes the Senate provi- science, technology, engineering, and math under specified circumstances.
sion. education in the Junior Reserve Officers’ The Senate amendment contained no simi-
Authority to vary number of Space Force offi- Training Corps to include quantum infor- lar provision.
cers considered for promotion to major gen- mation sciences (sec. 511) The agreement includes the House provi-
eral (sec. 503) The Senate amendment contained a provi- sion with an amendment that would elimi-
The Senate amendment contained a provi- sion (sec. 571) that would amend section 2036 nate special projects and emergency costs as
sion (sec. 5505) that would authorize Space of title 10, United States Code, to add quan- approved purposes and limit total assistance
Force promotion boards to select for pro- tum information sciences to the list of cov- under this authority to $5.0 million for fiscal
motion to major general not more than 95 ered subjects for the program to support year 2022.
percent of the total number of brigadier gen- science, technology, engineering, and math Report on methods to enhance support from the
erals eligible for consideration by the board, education in the Junior Reserve Officers’ reserve components in response to cata-
notwithstanding the limitation imposed by Training Corps. strophic incidents (sec. 517)
section 616(d) of title 10, United States Code. The House bill contained no similar provi-
The authority provided by this provision The House bill contained a provision (sec.
sion.
would expire on December 31, 2022. The agreement includes the Senate provi- 505) that would amend section 502(f) of title
The House bill contained no similar provi- sion. 32, United States Code, to authorize mem-
sion. bers of the National Guard to be ordered to
Prohibition on private funding for interstate de- perform duties with respect to operations or
The agreement includes the Senate provi- ployment of National Guard (sec. 512)
sion. missions authorized by the President or the
We note the Secretary of the Air Force and The House bill contained a provision (sec. Secretary of Defense to support large scale,
Chief of Space Operations requested exemp- 503) that would amend chapter 3 of title 32, complex, catastrophic disasters at the re-
tions from numerous military personnel laws United States Code, to prohibit a member of quest of a State governor. The provision
for the U.S. Space Force. For example, the the National Guard from being ordered to would also require a report on methods to
agreement provides relief from limitations cross a State border to perform duty if such enhance domestic response to large scale,
on the number of Space Force senior enlisted duty is paid for with private funds. complex, and catastrophic disasters.
The Senate amendment contained no simi-
personnel and field grade officers, along with The Senate amendment contained no simi-
lar provision.
additional variance authority to overall lar provision.
The agreement includes the House provi-
Space Force end strength requirements. Ad- The agreement includes the House provi-
sion with an amendment that would limit
ditionally, this provision would allow the sion with an amendment that would require
the prohibition to duty performed under ti-
Space Force to select for promotion a great- the Secretary of Defense, not later than 180
tles 10 or 32, United States Code.
er number of brigadier generals than the law days after the date of the enactment of this
otherwise allows. In all cases, we provided Access to Tour of Duty system (sec. 513)
Act, to submit to certain congressional com-
the requested legislative relief but limited The House bill contained a provision (sec. mittees a report on methods to enhance sup-
the authority to 1 year. 509) that would require the Secretary of the port from the reserve components in re-
The initial growth of the Space Force may Army to ensure that a member of the reserve sponse to catastrophic incidents.
have necessitated some of these variations, components of the Army may access the
but we are concerned that Space Force lead- Tour of Duty system using a personal inter- Study on reapportionment of National Guard
ership continues to seek exceptions to mili- net-enabled device. force structure based on domestic responses
tary personnel laws that apply to every The Senate amendment contained no simi- (sec. 518)
other service. This trend of repeated, last lar provision. The House bill contained a provision (sec.
minute, requests for legislative relief cannot The agreement includes the House provi- 507) that would require the Secretary of De-
continue. We expect the Space Force to ad- sion. fense to conduct a study to determine wheth-
here to the laws governing all military per- Implementation of certain recommendations re- er to reapportion the force structure of the
sonnel. garding use of unmanned aircraft systems National Guard based on wartime and do-
Seaman to Admiral–21 program: credit towards by the National Guard (sec. 514) mestic response requirements.
retirement (sec. 504) The House bill contained a provision (sec. The Senate amendment contained no simi-
The House bill contained a provision (sec. 519F) that would require the Secretary of De- lar provision.
519C) that would require the Secretary of the fense to implement, not later than Sep- The agreement includes the House provi-
Navy to extend service credit toward years tember 30, 2022, certain recommendations sion with a technical amendment.
of service and retired or retainer pay to se- provided by the Secretary to the congres-
Briefing on Junior Reserve Officers’ Training
lect participants of the Seaman to Admrial– sional defense committees on the use of un-
Corps program (sec. 519)
21 program. manned aircraft systems by the National
The Senate amendment contained no simi- Guard. The House bill contained a provision (sec.
lar provision. The Senate amendment contained no simi- 555) that would expand the Junior Reserve
The agreement includes the House provi- lar provision. Officers’ Training Corps (JROTC) program
sion. The agreement includes the House provi- curriculum, increase the number of JROTC
Independent assessment of retention of female sion. units to 6,000, and require the Secretary of
surface warfare officers (sec. 505) Continued National Guard support for Defense to provide a report to the Commit-
The House bill contained a provision (sec. FireGuard program (sec. 515) tees on Armed Services of the Senate and the
519E) that would require the Secretary of De- The House bill contained a provision (sec. House of Representatives on the status of
fense to seek to enter into an agreement 506) that would require the Secretary of De- the JROTC program for each of the Armed
with a nonprofit entity or federally funded fense to continue to support the FireGuard Forces.
research and development center to conduct program with National Guard personnel to The Senate amendment contained no simi-
lar provision.
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research and analysis on the gender gap in aggregate, analyze, and assess multi-source
retention of surface warfare officers in the remote sensing information for interagency The agreement includes the House provi-
Navy. partnerships in the initial detection and sion with an amendment that would strike
The Senate amendment contained no simi- monitoring of wildfires until September 30, the expansion of the JROTC curriculum and
lar provision. 2026. the increase in the number of JROTC units,
The agreement includes the House provi- The Senate amendment contained no simi- and change the Secretary’s report to a brief-
sion. lar provision. ing.
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7283
Subtitle C—General Service Authorities and retary of Defense, not later than 90 days tor of Selective Service, in consultation with
Military Records after the date of the enactment of this Act, the Secretary of Defense and the Secretary
Reduction in service commitment required for to incorporate a formal appeals process into of Homeland Security, to submit a report to
participation in career intermission program the policies and procedures of the Integrated the Congress reviewing exemptions and
of a military department (sec. 521) Disability Evaluation System. deferments from registration, training, and
The House bill contained a provision (sec. The House bill contained no similar provi- service under the Military Selective Service
512) that would reduce the Active-Duty serv- sion. Act (50 U.S.C. 3801 et seq.), together with
ice obligation for servicemember participa- The agreement includes the Senate provi- proposed revisions to such exemptions and
tion in the Career Intermission Program sion with an amendment that would require deferments.
under section 710 of title 10, United States that the formal appeals process include The House bill contained no similar provi-
Code, from 2 months for each month of the timelines established by the Secretary of De- sion.
period of the servicemember’s inactivation fense. The agreement includes the Senate provi-
to 1 month for each month of inactivation. Command oversight of military privatized hous- sion with a technical amendment.
The Senate amendment contained no simi- ing as element of performance evaluations Report on processes and procedures for appeal
lar provision. (sec. 525) of denial of status or benefits for failure to
The agreement includes the House provi- The House bill contained a provision (sec. register for Selective Service (sec. 529A)
sion. 519A) that would require the Secretaries of The Senate amendment contained a provi-
We direct the Secretary of Defense to pro-
the military departments to ensure that the sion (sec. 513) that would require the Direc-
vide a report to the Committees on Armed
performance evaluations of certain officers tor of Selective Service, in consultation with
Services of the Senate and the House of Rep-
and enlisted personnel with duties related to the Secretary of Homeland Security, the
resentatives, not later than 1 year after the
date of the enactment of this Act, con- military privatized housing include an as- Secretary of Education, and the Director of
cerning data on servicemember utilization of sessment of the extent to which the indi- the Office of Personnel Management, to sub-
the Career Intermission Program in each of vidual exercised effective oversight and lead- mit to the appropriate committees of the
the military services and the effect, if any, ership of military privatized housing. Congress a report on the processes and proce-
of this statutory change to the Active-Duty The Senate amendment contained a simi- dures for appeal of denial of status or bene-
service obligation on the popularity of this lar provision (sec. 2811). fits for failure to register for selective serv-
program. The agreement includes the Senate provi- ice.
sion. The House bill contained no similar provi-
Improvements to military accessions in Armed
Feasibility study on establishment of housing sion.
Forces under the jurisdiction of the Secre-
history for members of the Armed Forces The agreement includes the Senate provi-
taries of the military departments (sec. 522)
who reside in housing provided by the sion.
The House bill contained a provision (sec.
United States (sec. 526) Study and report on administrative separation
514) that would require the Secretaries of the
military departments to take steps to im- The House bill contained a provision (sec. boards (sec. 529B)
prove military accessions in the respective 519B) that would require the Secretary of De- The House bill contained a provision (sec.
Armed Forces under the jurisdiction of such fense to conduct a feasibility study on the 516) that would require each Secretary of the
Secretaries. These steps relate to assessing establishment of housing history for mem- military department concerned to ensure
medical requirements, updating medical bers of the Armed Forces who reside in hous- that administrative separation boards have a
screening processes, standardizing oper- ing provided by the United States. The provi- recorder and legal advisor.
ations across the military entrance proc- sion would require the Secretary to provide The Senate amendment contained no simi-
essing stations, improving aptitude testing, a report on the results of such study. lar provision.
and implementing any improvements identi- The Senate amendment contained no simi- The agreement includes the House provi-
fied as a result of this review. lar provision. sion with an amendment that would require
The Senate amendment contained no simi- The agreement includes the House provi- the Comptroller General of the United States
lar provision. sion. to conduct a study on the use of administra-
The agreement includes the House provi- Enhancements to national mobilization exercises tive separation boards within the Armed
sion with an amendment that would require (sec. 527) Forces.
the Secretaries concerned to add the fol- The House bill contained a provision (sec. Subtitle D—Military Justice Reform
lowing steps: determine whether there is ge- 1074) that would amend section 10208 of title Part 1—Special Trial Counsel
ographic variation in the accessions process, 10, United States Code, to require that major
review and update the medical waiver proc- Special trial counsel (sec. 531)
mobilization exercises required annually by
ess, and review whether there is bias in ac- The House bill contained a provision (sec.
that section periodically include the proc-
cessions against dependents of 532) that would add a new article 24a to the
esses of the Selective Service System in
servicemembers and veterans related to any Uniform Code of Military Justice (UCMJ),
preparation for the induction of personnel
requirement for applicants to submit mili- codified at section 824a of title 10, United
into the Armed Forces under the Military
tary medical records as a part of the acces- States Code, to require the Secretaries of the
Selective Service Act (50 U.S.C. 3801 et seq.).
sions screening process. military departments to detail one commis-
The Senate amendment contained a simi-
Notice program relating to options for natu- sioned officer from each armed force to serve
lar provision (sec. 515).
ralization (sec. 523) The agreement includes the Senate provi- as the special victim prosecutor for that
The House bill contained a provision (sec. sion with an amendment that would include armed force and such number of assistant
559J) that would require military recruiters a requirement that the Secretary of Defense special victim prosecutors as the Secretary
or officers overseeing an enlistment to pro- provide a briefing and a report on the first considers appropriate. The provision would
vide notice of a recruit’s options for natu- mobilization exercise under section 10208 of also grant exclusive authority to prosecutors
ralization under title III of the Immigration title 10, United States Code, not later than detailed under this provision to determine
and Nationality Act (8 U.S.C. 1401 et seq.) 180 days and 2 years after the date of the en- whether a reported offense is a special vic-
and inform the recruit of existing programs actment of this Act, respectively. tim offense for the purposes of the section
or services that may aid in the recruit’s nat- and to exercise authority over any such of-
Temporary exemption from end strength grade fense under the UCMJ. The provision would
uralization process. The provision would also
restrictions for the Space Force (sec. 528) authorize prosecutors detailed pursuant to
require the Secretary of Homeland Security
to provide to every former servicemember The Senate amendment contained a provi- the section to exercise authority over any
adequate notice of that member’s options for sion (sec. 404) that would temporarily ex- reported offense that the prosecutor deter-
naturalization. empt the Space Force from the grade restric- mines to be related to the special victim of-
The Senate amendment contained no simi- tions in sections 517 and 523 of title 10, fense or committed by a person alleged to
lar provision. United States Code. have committed a special victim offense. The
The agreement includes the House provi- The House bill contained no similar provi- provision would grant exclusive authority to
sion with an amendment that would require sion. special victim prosecutors to make a binding
the Secretary of each military department The agreement includes the Senate provi- determination on convening authorities to
to prescribe regulations that ensure that sion with an amendment that would further prefer or refer charges and specifications for
military recruits who are not U.S. citizens require the Secretary of the Air Force to es- trial by a special or general court-martial;
receive proper notice of options for natu- tablish and submit to the Committees on dismiss charges and specifications on behalf
ralization. The amendment would also re- Armed Services of the Senate and the House of the Government; enter into plea agree-
quire the Secretary of Homeland Security to of Representatives the numbers of officers
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ments; and determine if an ordered rehearing
provide to servicemembers who are not U.S. who may be serving as field grade officers, by is impracticable. Finally, the provision
citizens notice of options for naturalization. grade. would authorize a convening authority to ex-
Appeals to Physical Evaluation Board deter- Report on exemptions and deferments for a pos- ercise any of the authorities granted to con-
minations of fitness for duty (sec. 524) sible military draft (sec. 529) vening authorities under the UCMJ, notwith-
The Senate amendment contained a provi- The Senate amendment contained a provi- standing the exclusive authority granted to
sion (sec. 519) that would require the Sec- sion (sec. 512) that would require the Direc- prosecutors detailed under the section, in
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H7284 CONGRESSIONAL RECORD — HOUSE December 7, 2021
the event such prosecutors decline to exer- as an offense under Articles 117a, 119a, 119b, Preliminary hearing (sec. 536)
cise authority granted to them under the 120, 120b, 120c, 120d, 125, 128b, 130, and 132 (10 The House bill contained a provision (sec.
section. U.S.C. 917a, 919a, 919b, 920, 920b, 920c, 920d, 537) that would amend Article 32 of the Uni-
The Senate amendment contained a simi- 925, 928b, 930, and 932); conspiracy, solicita- form Code of Military Justice (10 U.S.C. 832)
lar provision (sec. 531). tion, or attempt to commit such offenses to authorize a special victim prosecutor to
The Senate amendment also contained pro- under Articles 81, 82, or 80 of the UCMJ (10 convene a preliminary hearing and to receive
visions (secs. 562(a) and 562(d)) that would re- U.S.C. 881, 882, or 880); and the standalone of- the preliminary hearing officer’s report. The
quire that the determination of whether to fenses of child pornography, pandering, and provision would also require that the pre-
cause charges to be preferred on an accused prostitution under Article 134 of the UCMJ. liminary hearing officer in a special victim
or to refer charges for certain offenses to The Senate amendment contained a simi- case be a military judge or military mag-
general or special courts-martial be made by lar provision (sec. 533) that would define spe- istrate.
trial counsel in the grade of O–6 or above, ap- cial victim offense as an offense under Arti- The Senate amendment contained a simi-
pointed by the chiefs of the military services cles 117a, 120, 120b, 120c, 128b, 130, or 132 of lar provision (sec. 542).
for this purpose, rather than by convening the UCMJ (10 U.S.C. 917a, 920, 920b, 920c, 928b, The agreement includes the Senate provi-
authorities as they are currently defined 930, or 932); conspiracy, solicitation, or at- sion with an amendment that would remove
under the UCMJ. These provisions would re- tempt to commit such offense under Articles the requirement that the preliminary hear-
quire that these officers not be in the vic- 81, 82, or 80 of the UCMJ (10 U.S.C. 881, 882, ing officer in such a case be a military judge
tim’s or accused’s chain of command. or 880); and the standalone offenses of sexual or military magistrate.
The agreement includes section 531 of the harassment and child pornography under Ar-
Senate amendment with an amendment that Advice to convening authority before referral
ticle 134 of the UCMJ (10 U.S.C. 934).
would clarify that the determination of a for trial (sec. 537)
The Senate amendment also contained a
special trial counsel to refer charges and provision (sec. 562(b), (c), and (e)) that would The House bill contained a provision (sec.
specifications to a court-martial for trial is enumerate the offenses applicable under that 538) that would amend Article 34 of the Uni-
binding on any applicable convening author- part of the Senate amendment to include the form Code of Military Justice (10 U.S.C 834)
ity for the referral of such charges and speci- following Articles of the UCMJ: 93a, 117a, to permit referral of charges and specifica-
fications; require each Secretary concerned 118, 119, 119a, 119b, 120, 120a, 120b, 120c, 121, tions over which a special victim prosecutor
to submit to the Committees on Armed Serv- 121a, 121b, 122, 124, 124a, 124b, 125, 126, 127, exercises authority by only the special vic-
ices of the Senate and the House of Rep- 128(b) and (c), 128a, 128b, 130, 131, 131a, 131b, tim prosecutor or by the convening author-
resentatives a report setting forth a plan de- 131c, 131d, 131e, 131f, 131g, and 132. The provi- ity where the charges and specifications do
tailing officers to serve as special trial coun- sion would also apply to the standalone of- not allege a special victim offense or where
sel pursuant to this section, by not later fenses of child pornography, negligent homi- a special victim declines to refer charges.
than 1 year after the date of the enactment cide, indecent conduct, indecent language, The Senate amendment contained a simi-
of this Act; and make other technical and and pandering and prostitution under gen- lar provision (sec. 541) that would further
conforming edits. eral Article 134 of the UCMJ. Finally, the amend Article 34 to require that referral to
We note that in developing the manpower provision would apply to the offenses of con- a general court-martial may only be made
plan required in subsection (c) of this provi- spiracy, solicitation, and attempt to commit when a staff judge advocate, or a special vic-
sion, the Secretary should coordinate with an offense listed above under Articles 81, 82, tim prosecutor with respect to charges and
the Judge Advocates General of the military and 80 of the UCMJ. specifications over which the special victim
services, or in the case of the Marine Corps, The agreement includes section 533 of the prosecutor may exercise authority, deter-
the Staff Judge Advocate to the Com- Senate amendment with an amendment that mines that there is sufficient admissible evi-
mandant of the Marine Corps. would add articles 118, 119, and 125 of the dence to obtain and sustain a conviction on
Policies with respect to special trial counsel (sec. UCMJ (10 U.S.C. 918, 919, and 925) to the list the charged offense.
532) of offenses to which the provision would The agreement includes the Senate provi-
The Senate amendment contained a provi- apply, as well as other technical and con- sion with an amendment that would strike
sion (sec. 533) that would add a new section forming changes. the language requiring sufficient admissible
1044f to title 10, United States Code, and re- evidence, and that would make other tech-
Clarification relating to who may convene nical changes.
quire the Secretary of Defense to establish courts-martial (sec. 534)
policies with respect to the appropriate We emphasize that when determining
mechanisms and procedures that the Secre- The House bill contained a provision (sec. whether to refer charges and specifications
taries of the military departments shall es- 535) that would amend Article 22 of the Uni- to a court-martial for trial, the convening
tablish and carry out relating to the activi- form Code of Military Justice (UCMJ) (10 authority, or, when applicable, the special
ties of special victim prosecutors. The provi- U.S.C. 822) to clarify that a commanding offi- trial counsel, should first evaluate whether
sion would require that each Secretary of a cer shall not be considered an accuser in a admissible evidence will likely be sufficient
military department appoint one lead special general or special court-martial to which to obtain and sustain a conviction in a trial
victim prosecutor for each military service. charges and specifications were referred by a by court-martial.
The House bill contained a similar provi- special victim prosecutor. Former jeopardy (sec. 538)
sion (sec. 532). The Senate amendment contained a simi-
lar provision (sec. 535). The House bill contained a provision (sec.
The agreement includes the Senate provi- 539) that would amend Article 44 of the Uni-
sion with an amendment that would clarify The Senate amendment also contained a
provision (sec. 563) that would amend Article form Code of Military Justice (10 U.S.C. 844)
that the lead special trial counsel be in a to clarify that jeopardy attaches when a spe-
grade of O–7 or above, and that the lead spe- 22 of the UCMJ (10 U.S.C. 822) to modify the
officers authorized to convene general and cial victim prosecutor dismisses charges or
cial trial counsel report directly to the Sec- otherwise terminates a court-martial in cer-
retary concerned, without intervening au- special courts-martial for certain offenses
under the UCMJ with maximum sentences of tain cases.
thority. The provision would require the Sec- The Senate amendment contained a simi-
retary of Defense and the service secretaries confinement of more than 1 year.
lar provision (sec. 540).
to provide a briefing to the Committees on The agreement includes the House provi-
The agreement includes the House provi-
Armed Services of the Senate and the House sion with a technical amendment.
sion with a technical amendment.
of Representatives, not later than 180 days Detail of trial counsel (sec. 535)
after the date of enactment of this Act, and Plea agreements (sec. 539)
The House bill contained a provision (sec.
quarterly thereafter, on the actions taken The House bill contained a provision (sec.
536) that would amend Article 27 of the Uni-
and progress made in meeting the milestones 539A) that would amend Article 53a of the
form Code of Military Justice (10 U.S.C. 827)
established as required in this section. Fi- Uniform Code of Military Justice (10 U.S.C.
to require that for each general and special
nally, the amendment would make various 853a) to provide exclusive authority, in spe-
court-martial for which charges and speci-
other technical and conforming amend- cial victim cases, to special victim prosecu-
fications were referred by a special victim
ments. tors to enter into plea agreements on behalf
prosecutor, that a special victim prosecutor
We expect the implementation of this pro- of the United States.
or assistant special victim prosecutor be de-
vision to be consistent with the provisions of The Senate amendment contained a simi-
tailed as trial counsel for such case. The pro-
section 806 of title 10, United States Code. lar provision (sec. 538).
vision would also specify authority to detail
Definition of military magistrate, covered of- The agreement includes the House provi-
assistant trial counsel in such cases.
fense, and special trial counsel (sec. 533) sion with a technical amendment.
The Senate amendment contained a simi-
Determinations of impracticality of rehearing
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The House bill contained a provision (sec. lar provision (sec. 543).
534) that would amend section 801 of title 10, The agreement includes the House provi- (sec. 539A)
United States Code, to add definitions to the sion with an amendment that would provide The House bill contained a provision (sec.
Uniform Code of Military Justice (UCMJ) for authority for special trial counsel to detail 539B) that would amend Article 65 of the Uni-
‘‘military magistrate,’’ ‘‘special victim of- other trial counsel as necessary, who are form Code of Military Justice (10 U.S.C. 865)
fense,’’ and ‘‘special victim prosecutor.’’ The judge advocates, and would make other tech- to provide exclusive authority to a special
provision would define special victim offense nical and conforming amendments. victim prosecutor to make a determination
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7285
on behalf of the Government that a rehear- not later than 1 year after the date of the en- Department of Defense tracking of allegations of
ing authorized by a military justice appel- actment of this Act, on the resourcing nec- retaliation by victims of sexual assault or
late authority in a special victim case is im- essary to implement the reforms contained sexual harassment and related persons (sec.
practicable and, if so, to dismiss any affected in this part of this Act. The amendment 544)
charge. would also require the Secretary to provide a The Senate amendment contained a provi-
The Senate amendment contained a simi- briefing to relevant congressional commit- sion (sec. 524) that would require the Sec-
lar provision (sec. 537). tees, not later than March 1, 2022, on the De- retary of Defense to designate a component
The agreement includes the Senate provi- partment’s initial assessment of the re- within the Office of the Secretary of Defense
sion with a technical amendment. sources necessary to implement the amend- to document and track allegations of retalia-
Applicability to the United States Coast Guard ments made by this part of this Act. tion submitted by a victim of a sexual as-
(sec. 539B) Briefing on implementation of certain rec- sault or sexual harassment, an individual
The Senate amendment contained a provi- ommendations of the Independent Review charged with providing services or support to
sion (sec. 551) that would require the Sec- Commission on Sexual Assault in the Mili- a victim, a witness or bystander to sexual as-
retary of Defense to consult with the Sec- tary (sec. 539G) sault or sexual harassment, or any other per-
retary of Homeland Security to apply provi- The House bill contained a provision (sec. son associated with an allegation of sexual
sions relating to military justice reform in 539H) that would require the Secretary of De- assault or sexual harassment.
this Act to the U.S. Coast Guard. fense to provide a report to the Committees The House bill contained no similar provi-
The House bill contained no similar provi- on Armed Services of the Senate and the sion.
sion. House of Representatives on the Secretary’s The agreement includes the Senate provi-
The agreement includes the Senate provi- implementation of recommendations con- sion.
sion. tained in the Independent Review Commis- Modification of notice to victims of pendency of
Effective date (sec. 539C) sion’s (IRC) report entitled ‘‘Hard Truths further administrative action following a
The House bill contained a provision (sec. and the Duty to Change: Recommendations determination not to refer to trial by court-
539E) that would establish an effective date from the Independent Review Commission on martial (sec. 545)
for the provisions contained in this part of 2 Sexual Assault in the Military.’’ The House bill contained a provision (sec.
years after the date of the enactment of this The Senate amendment contained a provi- 542) that would amend section 549 of the Na-
Act. sion (sec. 530B) that would require the Sec- tional Defense Authorization Act for Fiscal
The Senate amendment contained similar retary of Defense to implement each of the Year 2020 (Public Law 116–92) to clarify that
provisions (secs. 552 and 562(g)). recommendations contained in that report. the provision of information required by that
The Senate amendment also contained a The agreement includes the House provi- section is not subject to the provisions of the
provision (sec. 570) that would establish an sion with an amendment that would change Privacy Act of 1974 (5 U.S.C. 552a). Section
effective date of 6 months. the reporting requirement to a briefing. 549 requires a commander, who has deter-
The agreement includes the House provi- Subtitle E—Other Military Justice and Legal mined not to refer an allegation of sexual as-
sion with a clarifying amendment. Matters sault to trial by court-martial, to keep the
Part 2—Sexual Harassement; Sentencing Rights of the victim of an offense under the victim in such a case periodically informed
Reform Uniform Code of Military Justice (sec. 541) of the status of such further administrative
The House bill contained a provision (sec. action that may be taken against the ac-
Inclusion of sexual harassment as general puni-
521) that would amend Article 6b(a) of the cused.
tive article (sec. 539D)
Uniform Code of Military Justice (UCMJ) (10 The Senate amendment contained a simi-
The House bill contained a provision (sec. lar provision (sec. 526).
U.S.C. 806b(a)) to afford victims of offenses
539C) that would codify a new punitive arti- The agreement includes the House provi-
under the UCMJ the right to be informed of
cle of sexual harassment under the Uniform sion.
any pre-trial agreement, separation-in-lieu-
Code of Military Justice (UCMJ). Civilian positions to support Special Victims’
The Senate amendment contained a simi- of-trial agreement, or non-prosecution agree-
ment related to the offense, unless providing Counsel (sec. 546)
lar provision (sec. 536) that would require the
President to amend the Manual for Courts- such information would jeopardize another The House bill contained a provision (sec.
Martial to include sexual harassment as a law enforcement proceeding or violate the 544) that would authorize the Secretaries of
standalone offense under Article 134 of the privacy concerns of an individual other than the military departments to establish one or
UCMJ (10 U.S.C. 934). the accused. The provision would also re- more civilian positions within each office of
The agreement includes the Senate provi- quire the Secretary of Defense to establish a the Special Victims’ Counsel under the juris-
sion with a technical amendment. uniform policy for sharing certain informa- diction of such Secretary to provide support
tion relating to the victim with a Special to Special Victims’ Counsel and to ensure
Sentencing reform (sec. 539E) Victims’ Counsel or Victims’ Legal Counsel. continuity.
The House bill contained a provision (sec. The Senate amendment contained no simi- The Senate amendment contained no simi-
539F) that would amend Article 53 of the Uni- lar provision. lar provision.
form Code of Military Justice (10 U.S.C. 853) The agreement includes the House provi- The agreement includes the House provi-
and, except in the case of capital offenses, sion with an amendment that would afford sion.
require judge-alone if an accused is con- victims of offenses under the UCMJ the right Plans for uniform document management sys-
victed by a general or special court-martial. to be informed of any plea agreement, sepa- tem, tracking pretrial information, and as-
Additionally, this section would establish a ration-in-lieu-of-trial agreement, or non- sessing changes in law (sec. 547)
Military Sentencing Parameters and Criteria prosecution agreement related to the of-
Board to determine sentencing parameters fense, unless providing such information The Senate amendment contained a provi-
and criteria for the military judge to con- would jeopardize another law enforcement sion (sec. 545) that would require the Sec-
sider in determining appropriate sentences. proceeding or violate the privacy concerns of retary of Defense to establish a single mech-
The Senate amendment contained a simi- an individual other than the accused. anism and process into and through which
lar provision (sec. 544). records, data, and information would be col-
Conduct unbecoming an officer (sec. 542) lected, tracked, and maintained regarding
The agreement includes the Senate provi-
The Senate amendment contained a provi- the reporting, investigation, processing, ad-
sion with an amendment that would make
sion (sec. 529) that would amend Article 133 judication, and final disposition of all of-
numerous technical and conforming amend-
of the Uniform Code of Military Justice (10 fenses under the Uniform Code of Military
ments.
U.S.C. 933) by striking the words ‘‘and a gen- Justice arising in any component of the De-
Part 3—Reports and Other Matters tleman’’. partment of Defense.
Briefing and report on resourcing required for The House bill contained no similar provi- The House bill contained no similar provi-
implementation (sec. 539F) sion. sion.
The Senate amendment contained a provi- The agreement includes the Senate provi- The agreement includes the Senate provi-
sion (sec. 550) that would require the Sec- sion. sion with an amendment that would require
retary of Defense to submit to the Commit- Independent investigation of complaints of sex- the Secretary, not later than 1 year after the
tees on Armed Services of the Senate and the ual harassment (sec. 543) date of the enactment of this Act, and in
House of Representatives a report, not later The House bill contained a provision (sec. consultation with the Secretary of Homeland
than March 1, 2022, detailing the resourcing 541) that would amend section 1561 of title 10, Security, the Secretaries of the military de-
necessary to implement this part of this sub- United States Code, to require sexual harass- partments, and The Judge Advocates Gen-
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title of the Senate amendment. ment complaints be handled by an inde- eral of the military services (including the
The House bill contained no similar provi- pendent investigator outside the chain of Staff Judge Advocate to the Commandant of
sion. command of the subject and victim. the Marine Corps), to promulgate a plan to
The agreement includes the Senate provi- The Senate amendment contained no simi- create and implement a document manage-
sion with an amendment that would require lar provision. ment system to be used by each of the mili-
the Secretaries concerned to submit a report The agreement includes the House provi- tary services to collect and present informa-
to the relevant congressional committees, sion with a technical amendment. tion on matters within the military justice
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H7286 CONGRESSIONAL RECORD — HOUSE December 7, 2021
system, including information collected and tion of sexual assault, suicide, and other Military service independent racial disparity re-
maintained for purposes of Article 140a of harmful behaviors among members of the view (sec. 549F)
the Uniform Code of Military Justice (10 Armed Forces and military families. The House bill contained a provision (sec.
U.S.C. 940a). The Senate amendment contained a provi- 539I) that would require the Secretary of De-
Determination and reporting of members miss- sion (sec. 546) that would require the Sec- fense to report on the Department of De-
ing, absent unknown, absent without leave, retary of Defense to establish a Primary Pre- fense’s efforts to implement the rec-
and duty status-whereabouts unknown (sec. vention Workforce to provide a comprehen- ommendations from the Government Ac-
548) sive and integrated program across the De- countability Office report, published May 30,
The House bill contained a provision (sec. partment of Defense for the prevention of 2019, titled: ‘‘Military Justice: DOD and the
529C) that would require the Secretary of De- sexual assault, sexual harassment, domestic Coast Guard Need to Improve Their Capabili-
fense to instruct the Secretaries of the mili- violence, child abuse and maltreatment, ties to Assess Racial and Gender Disparities’’
tary departments to conduct a comprehen- problematic juvenile sexual behavior, sui- (GAO 19–344).
sive review of that Department of Defense’s cide, workplace violence, and substance mis- The Senate amendment contained similar
policies and procedures for determining and use. provisions (secs. 518 and 530) that would re-
reporting servicemembers as missing, absent The agreement includes the Senate provi- quire certain assessments of racial dispari-
unknown, absent without leave, or duty sta- sion. ties across the military departments, includ-
tus-whereabouts unknown. We note that the Department is already ing rates of use of non-judicial punishment.
The Senate amendment contained a simi- working toward the creation of the central- The agreement includes section 518 of the
lar provision (sec. 528). ized clearinghouse described in the House Senate amendment.
The agreement includes the Senate provi- provision making the feasibility study re- We note that the military services are cur-
sion with a clarifying amendment. quired by that section unnecessary. rently conducting assessments that address
Activities to improve family violence prevention Reform and improvement of military criminal in- the matters raised in this provision, and we
and response (sec. 549) vestigative organizations (sec. 549C) encourage the services to see those efforts to
conclusion.
The House bill contained a provision (sec. The House bill contained a provision (sec.
527) that would make comprehensive changes 529B) that would require each Secretary of a Inclusion of race and ethnicity in annual re-
to Department of Defense (DOD) family vio- military department, not later than 1 year ports on sexual assaults; reporting on racial
lence and response programs. This provision after the date of the enactment of this Act, and ethnic demographics in the military jus-
would: (1) Extend the requirement for annual to evaluate the effectiveness of the military tice system (sec. 549G)
Family Advocacy Program reporting by 5 criminal investigative organizations under The House bill contained a provision (sec.
years; (2) Implement the recommendations the Secretary’s jurisdiction, and to submit a 572) that would amend sections 481 and 481a
of the Comptroller General of the United report on the evaluation to the Secretary of of title 10, United States Code, to modify cer-
States set forth in the Government Account- Defense and the Committees on Armed Serv- tain surveys on diversity, equity, and inclu-
ability Office report, published May 6, 2021, ices of the Senate and the House of Rep- sion within the Armed Forces and the civil-
titled ‘‘Domestic Abuse: Actions Needed to resentatives. ian workforce; modify and require an annual
Enhance DOD’s Prevention, Response, and The Senate amendment contained a provi- report on sexual assault; and require the col-
Oversight’’ (GAO–21–289); (3) Establish a pilot sion (sec. 562h) that would require the Sec- lection of certain racial and ethnic demo-
program on information for families enroll- retary of Defense to revise policies and pro- graphic data in the military justice system.
ing in the Defense Enrollment Eligibility Re- cedures to improve specialization of criminal The Senate amendment contained a provi-
porting System; (4) Require the Secretaries investigators to increase the efficiency and sion (sec. 523) that would require the Sec-
of the military departments to provide infor- effectiveness of sexual assault and domestic retary of Defense to include in the annual
mation on the Family Advocacy Program to violence investigations. Sexual Assault Prevention and Response Of-
military family members who report inci- The agreement includes the House provi- fice report information on the race and eth-
dents of domestic abuse or child abuse; (5) sion with a clarifying amendment. nicity of victims and accused individuals to
Require the Secretary of Defense to submit the maximum extent practicable, allowing
Military defense counsel (sec. 549D) for exclusion of such information, if nec-
regular reports on staffing levels for Family
Advocacy Programs; and (6) Conduct a study The Senate amendment contained a provi- essary, based on privacy concerns, impacts
on initial entry points through which mili- sion (sec. 549) that would require the Sec- on accountability efforts, or other matters of
tary family members may seek information retary of Defense to ensure parity of re- importance, as determined by the Secretary.
or support relating to domestic abuse or sources between military prosecutors and The agreement includes the House provi-
child abuse. military defense counsel, and that military sion with an amendment that would strike
The Senate amendment contained no simi- defense counsel in special victim cases pos- the modifications to certain surveys on di-
lar provision. sess sufficient training and experience. versity, equity, and inclusion, include the
The agreement includes the House provi- The House bill contained no similar provi- matter addressed in the Senate amendment,
sion with clarifying amendments and an sion. and provide for the addition of gender and
amendment that would eliminate the pilot The agreement includes the Senate provi- ethnicity as a statistical category for sexual
program, update the description of a staffing sion with an amendment that would require assault.
tool to be developed under the provision, and the service secretaries to ensure that mili- DoD Safe Helpline authorization to perform in-
substitute briefings for some of the reports tary defense counsel have timely and reli- take of official restricted and unrestricted
required in the House provision. able access to and funding for defense inves- reports for eligible adult sexual assault vic-
Annual primary prevention research agenda tigators, expert witnesses, and other trial tims (sec. 549H)
(sec. 549A) support; that military defense counsel rep- The Senate amendment contained a provi-
resenting a servicemember accused of a cov- sion (sec. 521) that would amend section 584
The Senate amendment contained a provi-
ered offense were well-trained and experi- of the National Defense Authorization Act
sion (sec. 547) that would require the Sec-
enced in the defense of such cases; and to for Fiscal Year 2012 (Public Law 112–81) to
retary of Defense to annually publish a De-
take any other action regarding military de- authorize the Department of Defense Safe
partment of Defense research agenda for that
fense counsel to further the interest of the Helpline to receive sexual assault reports in
fiscal year focused on the prevention of sex-
fair administration of justice. both unrestricted and restricted forms and
ual assault, sexual harassment, domestic vi-
olence, child abuse and maltreatment, prob- Full functionality of Military Justice Review to provide support to victims making such
lematic juvenile sexual behavior, suicide, Panel (sec. 549E) reports.
workplace violence, and substance misuse. The Senate amendment contained a provi- The House bill contained no similar provi-
The House bill contained no similar provi- sion (sec. 548) that would require the Sec- sion.
sion. retary of Defense to reconstitute the Defense The agreement includes the Senate provi-
The agreement includes the Senate provi- Advisory Committee on the Investigation, sion.
sion. Prosecution, and Defense of Sexual Assault Extension of annual report regarding sexual as-
We direct the Secretary of Defense to pro- in the Armed Forces; the Defense Advisory saults involving members of the Armed
vide a briefing to the Committees on Armed Committee for the Prevention of Sexual Mis- Forces (sec. 549I)
Services of the Senate and the House of Rep- conduct; and the Military Justice Review The House bill contained a provision (sec.
resentatives, not later than July 1, 2022, on Panel. 543) that would extend the reporting require-
the Department of Defense’s progress in The House bill contained no similar provi- ment of section 1631 of the Ike Skelton Na-
meeting the requirements of this provision.
dlhill on DSK120RN23PROD with HOUSE
sion. tional Defense Authorization Act for Fiscal
Primary prevention workforce (sec. 549B) The agreement includes the Senate provi- Year 2011 (Public Law 111–383) through March
The House bill contained a provision (sec. sion with an amendment that would require 1, 2026, and require the annual report to in-
545) that would direct the Secretary of De- the Secretary of Defense to reconstitute the clude the race and ethnicity of the victim
fense to study the feasibility of establishing Military Justice Review Panel. We note that and accused.
a single, centralized clearinghouse of evi- the Secretary has already reconstituted the The Senate amendment contained no simi-
dence-based practices to enhance the preven- other two entities. lar provision.
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7287
The agreement includes the House provi- The agreement includes the Senate provi- Meetings of the Board of Visitors of a military
sion with an amendment that would extend sion. service academy: votes required to call; held
the reporting requirement to March 1, 2026, Combating foreign malign influence (sec. 549N) in person or remotely (sec. 555)
but not otherwise modify the matters to be The House bill contained a provision (sec.
The Senate amendment contained a provi-
reported. 558) that would enable a majority of the
sion (sec. 574) that would amend section 589E
Study and report on Sexual Assault Response of the William M. (Mac) Thornberry National members of the Board of Visitors of their re-
coordinator military occupational specialty Defense Authorization Act for Fiscal Year spective service academy to call an official
(sec. 549J) 2021 (Public Law 116–283) to establish a work- meeting at any time.
The Senate amendment contained a provi- ing group to assist the official designated in The Senate amendment contained no simi-
sion (sec. 530A) that would require the Sec- such section to coordinate and integrate the lar provision.
retary of Defense to submit a report to the training program regarding foreign malign The agreement includes the House provi-
congressional defense committees, not later influence campaigns. sion with an amendment that would limit
than 180 days after the date of the enactment The House bill contained no similar provi- the number of meetings authorized in this
of this Act, on various elements concerning sion. provision to once per year to be held at the
a military occupational specialty for Sexual The agreement includes the Senate provi- academy or remotely.
Assault Response Coordinators. sion. Defense Language Institute Foreign Language
The House bill contained no similar provi- Center (sec. 556)
Subtitle F—Member Education, Training,
sion. The House bill contained a provision (sec.
The agreement includes the Senate provi- and Transition
556) that would amend section 2168 of title 10,
sion with an amendment that would require Troops-to-Teachers Program (sec. 551)
United States Code, to grant the Com-
the Secretary to direct the commencement The Senate amendment contained a provi- mandant of the Defense Language Institute
of a manpower study to assess the feasibility sion (sec. 573) that would amend section 1154 the authority to confer bachelor’s degrees.
and advisability of creating a Sexual Assault of title 10, United States Code, to require the The Senate amendment contained no simi-
Response Coordinator Military Occupational Secretary of Defense to carry out the lar provision.
Specialty within 30 days of the enactment of Troops-to-Teachers Program. The provision The agreement includes the House provi-
this Act. The amendment would also require would sunset the program for new entrants sion.
the Secretary to provide a briefing and a re- on July 1, 2025, unless subsequently ex- United States Naval Community College (sec.
port to the congressional defense commit- tended. Finally, the provision would require 557)
tees on the results of this manpower study annual reports from the Secretary on a num-
within 30 days and 180 days, respectively, ber of performance and outcome metrics. The House bill contained a provision (sec.
after the conclusion of the manpower study. The House bill contained no similar provi- 559) that would amend chapter 859 of title 10,
sion. United States Code, to establish the United
Amendments to additional Deputy Inspector
States Naval Community College.
General of the Department of Defense (sec. The agreement includes the Senate provi-
The Senate amendment contained no simi-
549K) sion.
lar provision.
The House bill contained a provision (sec. Codification of human relations training for cer- The agreement includes the House provi-
573) that would amend section 554(a) of the tain members of the Armed Forces (sec. 552) sion.
William M. (Mac) Thornberry National De- The House bill contained a provision (sec. Codification of establishment of United States
fense Authorization Act for Fiscal Year 2021 554) that would create a new section 2001 of Air Force Institute of Technology (sec. 558)
(Public Law 116–283) to make a number of title 10, United States Code, regarding
technical amendments to that section that The House bill contained a provision (sec.
human relations, diversity, equity, and in- 559A) that would amend chapter 951 of title
clarify the relationship between the Deputy clusion training.
Inspector General created by that section 10, United States Code, to codify the estab-
The Senate amendment contained no simi- lishment of the United States Air Force In-
and the Department of Defense Inspector lar provision.
General. stitute of Technology.
The agreement includes the House provi- The Senate amendment contained no simi-
The Senate amendment contained a simi- sion with an amendment that would codify
lar provision (sec. 591). lar provision.
in section 2001 of title 10, United States The agreement includes the House provi-
The agreement includes the House provi-
Code, the provisions of section 571 of the Na- sion.
sion.
tional Defense Authorization Act for Fiscal We note that this amendment is intended
Improved Department of Defense prevention of, Year 1997 (Public Law 104–201) relating to as a technical change to codify the establish-
and response to, bullying in the Armed human relations training and would require ment of an already-existing institution. We
Forces (sec. 549L) a briefing from the Secretary of Defense to do not imply or suggest that any change
The House bill contained a provision (sec. the Committees on Armed Services of the should be made to the existing organization
597) that would amend section 549 of the Na- Senate and the House of Representatives, of Air University or the Air Force Institute
tional Defense Authorization Act for Fiscal not later than 180 days after the date of the of Technology as one of the component
Year 2017 (Public Law 114–328) to include enactment of this Act, on the Secretary’s schools of Air University.
anti-bullying data collection, training, and progress in implementing this provision.
reporting. Concurrent use of Department of Defense Tui-
Allocation of authority for nominations to the tion Assistance and Montgomery GI Bill-Se-
The Senate amendment contained no simi- military service academies in the event of
lar provision. lected Reserve benefits (sec. 559)
the death, resignation, or expulsion from of-
The agreement includes the House provi- The Senate amendment contained a provi-
fice of a Member of Congress (sec. 553)
sion with a technical amendment and an sion (sec. 5501) that would amend section
amendment that would remove the com- The House bill contained a provision (sec. 16131 of title 10, United States Code, to re-
plaint classification category from the re- 557) that would allocate unused nominations quire the Secretary of Defense to allow a
quired report. to the military service academies resulting covered individual to use Montgomery GI
from the death, resignation, or expulsion Bill benefits and Department of Defense tui-
Recommendations on separate punitive article
from office of a Member of Congress to the tion assistance benefits concurrently.
in the Uniform Code of Military Justice on
remaining Senator or Senators from the The House bill contained no similar provi-
violent extremism (sec. 549M)
same State as the departed Member. sion.
The House bill contained a provision (sec. The Senate amendment contained a simi- The agreement includes the Senate provi-
525) that would amend chapter 47 of title 10, lar provision (sec. 572). sion.
United States Code, to prescribe a new puni- The agreement includes the House provi-
tive article in the Uniform Code of Military Regulations on certain parental guardianship
sion with a clarifying amendment. rights of cadets and midshipmen (sec. 559A)
Justice (chapter 47 of title 10, United States
Code) to prohibit violent extremism. Authority of President to appoint successors to The House bill contained a provision (sec.
The Senate amendment contained a simi- members of Board of Visitors of military 559D) that would require each service sec-
lar provision (sec. 527) that would require the academies whose terms have expired (sec. retary concerned to prescribe by regulation
Secretary of Defense to submit to the Com- 554) policies ensuring that the parental guardian-
mittees on Armed Services of the Senate and The House bill contained a provision (sec. ship rights of cadets and midshipmen are
the House of Representatives a report con- 6426) that would clarify that the authority to protected consistent with individual and aca-
taining such recommendations as the Sec- appoint successors to Presidential Ap- demic responsibilities.
dlhill on DSK120RN23PROD with HOUSE
retary considers appropriate with respect to pointees of the Board of Visitors of military The Senate amendment contained no simi-
the establishment of a separate punitive ar- academies whose terms have expired resides lar provision.
ticle in the Uniform Code of Military Justice with the President. The agreement includes the House provi-
on violent extremism. The report would be The Senate amendment contained no simi- sion with a modifying amendment that
required to be submitted not later than 180 lar provision. would direct the Secretary of Defense, in
days after the date of the enactment of this The agreement includes the House provi- consultation with the Secretaries of the
Act. sion. military departments and Superintendents
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H7288 CONGRESSIONAL RECORD — HOUSE December 7, 2021
of the military academies, to develop policy Senate and the House of Representatives a offer at least two locations to covered mem-
that includes the option to preserve parental report on training and courses of education bers with permanent change of station or-
guardianship rights of a cadet or mid- offered to covered members regarding the ders, and make other clarifying amend-
shipman. Further, it would require interim covered subjects. ments.
and final briefings on the development of the Report on status of Army Tuition Assistance Certain assistance to local educational agencies
policy and a report on any legislative Program Army IgniteED program (sec. 559F) that benefit dependents of military and ci-
changes required to implement revised pol- vilian personnel (sec. 563)
The Senate amendment contained a provi-
icy.
sion (sec. 5504) that would require the Sec- The House bill contained a provision (sec.
Defense language continuing education program retary of the Army to submit to the Com- 569E) that would authorize $50.0 million in
(sec. 559B) mittees on Armed Services of the Senate and Department of Defense (DOD) operations and
The House bill contained a provision (sec. the House of Representatives a report on the maintenance (O&M) spending for the purpose
559E) that would require the Under Secretary status of the Army IgnitED program of the of providing assistance to local educational
of Defense for Personnel and Readiness to co- Army’s Tuition Assistance Program. agencies under section 572 of the National
ordinate with the Director of the Defense In- The House bill contained no similar provi- Defense Authorization Act for Fiscal Year
telligence Agency to designate an executive sion. 2006 (Public Law 109–163), $20.0 million in
agent for commercially available advanced The agreement includes the Senate provi- DOD O&M spending for the purpose of im-
foreign language training to meet oper- sion. pact aid for children with severe disabilities
ational readiness requirements of the De- Briefing on cadets and midshipmen with speech under section 363 of the Floyd D. Spence Na-
partment of Defense. disorders (sec. 559G) tional Defense Authorization Act for Fiscal
The Senate amendment contained no simi- Year 2001 (Public Law 106–398), and an addi-
lar provision. The House bill contained a provision (sec.
tional $10.0 million in DOD O&M spending at
The agreement includes the House provi- 559L) that would require the Superintendent
the discretion of the Secretary of Defense to
sion with an amendment that would not des- of a military service academy to provide
make payments to local educational agen-
ignate an executive agent for commercially testing for speech disorders to incoming ca-
cies that have higher concentrations of mili-
available foreign language training, but dets or midshipmen.
tary children with severe disabilities.
would require the Under Secretary of De- The Senate amendment contained no simi-
The Senate amendment contained a simi-
fense for Personnel and Readiness to estab- lar provision.
lar provision (sec. 581) that differed from the
lish policies and procedures to provide con- The agreement includes the House provi-
House provision in that it would authorize
tinuing language education to linguists of sion with an amendment that would require
only $10.0 million in DOD O&M spending for
the Armed Forces to maintain their respec- the Secretary of Defense, not later than 180
the purpose of impact aid for children with
tive language proficiencies. days after the date of the enactment of this
severe disabilities under section 363 of the
Act, to provide a briefing to the Committees
Prohibition on implementation by United States Floyd D. Spence National Defense Authoriza-
on Armed Services of the Senate and the
Air Force Academy of civilian faculty ten- tion Act for Fiscal Year 2001 (Public Law
House of Representatives regarding nomi-
ure system (sec. 559C) 106–398).
nees with speech disorders to each service The agreement includes the Senate provi-
The Senate amendment contained a provi- academy.
sion (sec. 575) that would prohibit the Sec- sion.
Subtitle G—Military Family Readiness and Pilot program to establish employment fellow-
retary of Defense from implementing a civil-
Dependents’ Education ship opportunities for military spouses (sec.
ian faculty tenure system for the U.S. Air
Force Academy until a report explaining the Expansion of support programs for special oper- 564)
purpose and detailed plans for the proposed ations forces personnel and immediate fam- The Senate amendment contained a provi-
system is delivered to the Committees on ily members (sec. 561) sion (sec. 582) that would authorize the Sec-
Armed Services of the Senate and the House The House bill contained a provision (sec. retary of Defense to establish a 3-year pilot
of Representatives. 563) that would amend section 1788a of title program to provide employment support to
The House bill contained no similar provi- 10, United States Code, to expand eligibility the spouses of members of the Armed Forces
sion. for family support services authorized under through a paid fellowship with employers
The agreement includes the Senate provi- such section to include immediate family across a variety of industries.
sion. members of servicemembers covered by such The House bill contained no similar provi-
Professional military education: report; defini- section who have died in armed conflict or sion.
tion (sec. 559D) other hazardous circumstances. The agreement includes the Senate provi-
The House bill contained a provision (sec. The Senate amendment contained no simi- sion.
559H) that would require the Secretary De- lar provision. Policy regarding remote military installations
fense to submit to the Committees on Armed The agreement includes the House provi- (sec. 565)
Services of the Senate and the House of Rep- sion.
The House bill contained a provision (sec.
resentatives a report setting forth the re- Improvements to the Exceptional Family Mem- 568) that would require the Secretary of De-
sults of a review and assessment of the defi- ber Program (sec. 562) fense to develop a uniform policy for identi-
nition of professional military education in The House bill contained a provision (sec. fying remote military installations and as-
the Department of Defense and the military 565) that would amend section 582 of the Wil- sessing and managing challenges associated
departments. liam M. (Mac) Thornberry National Defense with remote military installations.
The Senate amendment contained no simi- Authorization Act for Fiscal Year 2021 (Pub- The Senate amendment contained no simi-
lar provision. lic Law 116–283) to expand the role of the Ex- lar provision.
The agreement includes the House provi- ceptional Family Member Program (EFMP) The agreement includes the House provi-
sion. case management office established by such sion with a clarifying amendment.
Report on training and education of members of section to include verification of housing Implementation of GAO recommendation on im-
the Armed Forces regarding social reform and school suitability for EFMP families. proved communication of best practices to
and unhealthy behaviors (sec. 559E) The provision would also expand the size and engage military spouses with career assist-
The House bill contained a provision (sec. membership of the advisory panel on com- ance resources (sec. 566)
559I) that would require the Secretary of De- munity support for military families with
The House bill contained a provision (sec.
fense to conduct a study on training and special needs established under the National
569H) that would require the Secretary of De-
courses of education offered to members of Defense Authorization Act for Fiscal Year
fense to develop a plan to address rec-
the Armed Forces on sexual assault; sexual 2010 (Public Law 111–84). The provision in the
ommendation #2 of the Government Ac-
harassment; extremism; domestic violence; House bill would also require the Secretaries
countability Office (GAO) report published
diversity, equity, and inclusion; military of the military departments to offer at least
January 27, 2021, titled ‘‘Military Spouse
equal opportunity; suicide prevention; and two suitable locations to covered members
Employment: DoD Should Continue Assess-
substance abuse. The provision would require who receive permanent change of station or-
ing State Licensing Practices and Increase
the Secretary concerned to submit to the ders, require the Secretaries concerned to
Awareness of Resources’’ (GAO–21–193).
Committees on Armed Services of the Senate upload electronic health records of covered
The Senate amendment contained no simi-
and the House of Representatives a report on members, and make other clarifying amend-
lar provision.
the results of such study. ments.
The agreement includes the House provi-
The Senate amendment contained no simi- The Senate amendment contained no simi-
sion with a technical amendment.
dlhill on DSK120RN23PROD with HOUSE
lar provision. lar provision.
The agreement includes the House provi- The agreement includes the House provi- Study on employment of military spouses (sec.
sion with an amendment that would elimi- sion with an amendment that would expand 567)
nate the requirement for the Secretary con- the size and membership of the advisory The House bill contained a provision (sec.
cerned to conduct a study but would instead panel on community support for military 569A) that would direct the Comptroller Gen-
require the Secretary concerned to submit to families with special needs, authorize the eral of the United States to submit to the
the Committees on Armed Services of the Secretaries of the military departments to Committees on Armed Services of the Senate
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7289
and the House of Representatives a report on The agreement includes the House provi- Extension of deadline for GAO report on equal
employment discrimination against military sion with a clarifying amendment. opportunity at the military service acad-
spouses by civilian employers. Subtitle H—Diversity and Inclusion emies (sec. 574)
The Senate amendment contained a simi- Reduction of gender-related inequities in costs The House bill contained a provision (sec.
lar provision (sec. 5502). of uniforms to members of the Armed Forces 574) that would extend the deadline for the
The agreement includes the Senate provi-
(sec. 571) Comptroller General of the United States re-
sion.
The House bill contained a provision (sec. port on equal opportunity at the military
Briefing on efforts of commanders of military in- service academies.
576) that would require the Secretary of De-
stallations to connect military families with The Senate amendment contained no simi-
fense to implement the four recommenda-
local entities that provide services to mili- lar provision.
tions of the Government Accountability Of-
tary families (sec. 568) The agreement includes the House provi-
fice (GAO) report, published February 25,
The House bill contained a provision (sec. 2021, titled ‘‘Military Service Uniforms: DOD sion.
569B) that would direct the Secretary of De- Could Better Identify and Address Out-of- Subtitle I—Decorations and Awards,
fense to submit to the Committees on Armed Pocket Cost Inequities’’ (GAO–21–120), among Miscellaneous Reports, and Other Matters
Services of the Senate and the House of Rep- other things. Modified deadline for establishment of special
resentatives a report on how and the extent The Senate amendment contained no simi- purpose adjunct to Armed Services Voca-
to which commanders of military installa- lar provision. tional Aptitude Battery test (sec. 581)
tions connect military families with local The agreement includes the House provi-
nonprofit and government entities that pro- The Senate amendment contained a provi-
sion with an amendment that would strike
vide services to military families. sion (sec. 593) that would amend section 594
the implementation of GAO’s recommenda-
The Senate amendment contained no simi- of the William M. (Mac) Thornberry National
tions, apply the equal cost rule to manda-
lar provision. Defense Authorization Act for Fiscal Year
tory uniform items, and require a report on
The agreement includes the House provi- 2021 (Public Law 116–283) to modify the dead-
the estimated production and average retail
sion with a technical amendment. line for establishment of the special purpose
prices of military clothing items for mem-
Briefing on process to certify reporting of eligi- adjunct to the Armed Services Vocational
bers of each Armed Force and a comparison
ble federally connected children for pur- Aptitude Battery required by that section.
of costs for both male and female military
poses of Federal impact aid programs (sec. The House bill contained no similar provi-
clothing items.
569) sion.
Study on number of members of the Armed The agreement includes the Senate provi-
The House bill contained a provision (sec. Forces who identify as Hispanic or Latino sion.
569F) that would require commanders of (sec. 572)
military installations to submit to the Sec- Authorizations for certain awards (sec. 582)
The House bill contained a provision (sec.
retaries of the military departments con- The Senate amendment contained a provi-
579A) that would require the Comptroller
cerned an annual written certification sion (sec. 5503) that would waive the time
General of the United States to submit to
verifying whether the commander has con- limitation in section 7274 of title 10, United
the Committees on Armed Services of the
firmed the information contained in all im- States Code, to authorize the President to
Senate and the House of Representatives a
pact aid source check forms received from award the Medal of Honor under section 7271
report regarding the reasons for the low
local educational agencies. of such title to Charles R. Johnson, for acts
number of Hispanic officers and members of
The Senate amendment contained no simi- of valor while serving with the U.S. Army
the Armed Forces in leadership positions.
lar provision. The House bill contained another provision during the Korean War on June 11–12, 1953.
The agreement includes the House provi- (sec. 579B) that would require the Comp- The House bill contained no similar provi-
sion with an amendment that would change troller General of the United States to sub- sion.
the annual report to a briefing on the feasi- The agreement includes the Senate provi-
mit to the Committees on Armed Services of
bility of developing a written process for in- sion with an amendment that, in addition to
the Senate and the House of Representatives
stallation commanders to certify impact aid awarding the Medal of Honor to Charles R.
a report regarding the reasons for the low
source check forms, the benefits of working Johnson, would waive the time limitation in
number of Hispanic cadets and midshipmen
with local educational agencies on the issue section 7274 of title 10, United States Code,
at the military service academies.
of impact aid, and an estimated timeline to The Senate amendment contained no simi- to authorize the President to award the
implement such a certification process. lar provision. Medal of Honor under section 7271 of such
Briefing on legal services for families enrolled in The agreement includes the House provi- title to: Wataru Nakamura, for acts of valor
the Exceptional Family Member Program sions with an amendment that would require during the Korean War on May 18, 1951;
(sec. 569A) the Secretary of Defense to seek to enter Bruno R. Orig, for acts of valor during the
The House bill contained a provision (sec. into an agreement with a federally funded Korean War on February 15, 1951; Dennis M.
564) that would amend section 582 of the Wil- research and development center to conduct Fujii, for acts of valor during the Vietnam
liam M. (Mac) Thornberry National Defense a study regarding Hispanic or Latino mem- War on February 18–22, 1971; and Edward N.
Authorization Act for Fiscal Year 2021 (Pub- bers of the regular components of the Armed Kaneshiro, for acts of valor during the Viet-
lic Law 116–283) to update the experience re- Forces (including cadets and midshipmen). nam War on December 1, 1966. The agreement
quired for attorneys providing legal services Inclusion of military service academies, Officer would also waive the time limitation in sec-
under such section. Candidate and Training Schools, and the tion 7274 of title 10, United States Code, to
The Senate amendment contained no simi- Senior Reserve Officers’ Training Corps authorize the President to award the Distin-
lar provision. data in diversity and inclusion reporting guished Service Cross under section 7272 such
The agreement includes the House provi- (sec. 573) title to: Earl R. Fillmore, Jr., for acts of
sion with an amendment that would not valor during operations in Somalia on Octo-
The House bill contained a provision (sec.
change the requirements for attorneys pro- ber 3, 1993; Robert L. Mabry, for acts of valor
571) that would amend section 113 of title 10,
viding legal services under section 582 of the during operations in Somalia on October 3–4,
United States Code, to include additional re-
William M. (Mac) Thornberry National De- 1993; John G. Macejunas, for acts of valor
porting requirements on the status of diver-
fense Authorization Act for Fiscal Year 2021, during operations in Somalia on October 3–4,
sity and inclusion in the military service
but would require the Secretary of Defense 1993; and William F. Thetford, for acts of
academies, the Federal Officer Candidate and
to provide a briefing to the Committees on valor during operations in Somalia on Octo-
Training Schools, and the Senior Reserve Of-
Armed Services of the Senate and the House ber 3–4, 1993.
ficers’ Training Corps programs and require
of Representatives on matters involving additional reporting requirements on gender, Establishment of the Atomic Veterans Com-
legal services to families enrolled in the Ex- race, and ethnicity demographics of Senior memorative Service Medal (sec. 583)
ceptional Military Family Program. Reserve Officers’ Training Corps graduates. The House bill contained a provision (sec.
GAO review of Preservation of the Force and The Senate amendment contained a simi- 583) that would require the Secretary of De-
Family Program of United States Special lar provision (sec. 592) that differed from the fense to design and produce a commemora-
Operations Command: briefing; report (sec. House bill in that it would only require addi- tive military service medal to honor retired
569B) tional reporting requirements on gender, and former members of the Armed Forces
The House bill contained a provision (sec. race, and ethnicity demographics of Senior who are radiation-exposed veterans.
569D) that would direct the Comptroller Gen- Reserve Officers’ Training Corps graduates. The Senate amendment contained no simi-
eral of the United States to conduct a review The agreement includes the Senate provi- lar provision.
of the Preservation of the Force and Family sion with a clarifying amendment and an The agreement includes the House provi-
dlhill on DSK120RN23PROD with HOUSE
program of U.S. Special Operations Com- amendment that would add the House provi- sion with an amendment that would direct
mand and submit a report on the results of sion’s additional reporting requirements on the Secretary of Defense to design and
the review to the Committees on Armed the status of diversity and inclusion in the produce a commemorative military service
Services of the Senate and the House of Rep- military service academies, the Federal Offi- medal to commemorate the service and sac-
resentatives. cer Candidate and Training Schools, and the rifice of veterans who were instrumental in
The Senate amendment contained no simi- Senior Reserve Officers’ Training Corps pro- the development of our Nation’s atomic and
lar provision. grams to the Senate amendment. nuclear weapons programs.
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H7290 CONGRESSIONAL RECORD — HOUSE December 7, 2021
We encourage the Secretary concerned to officers in the grades of lieutenant general or military departments to prescribe regula-
take a broad and inclusive view of the pool of vice admiral, and the services have contin- tions authorizing servicemembers to take up
individuals who may be eligible for this com- ued to appoint officers to these positions in to 2 weeks of permissive temporary duty an-
memorative medal. the grades of lieutenant general or vice ad- nually to participate in a wellness activity.
Updates and preservation of memorials to chap- miral. The Senate amendment contained no simi-
lains at Arlington National Cemetery (sec. Increase in authorized lieutenant commander lar provision.
584) billets in the Navy The agreement does not include this provi-
sion.
The House bill contained a provision (sec. The Senate amendment contained a provi- We direct the Secretary of Defense to pro-
595) that would authorize the Secretary of sion (sec. 501) that would amend section vide a briefing to the Committees on Armed
the Army to permit the National Conference 605(g)(4)(B) of title 10, United States Code, to Services of the Senate and the House of Rep-
on Ministry to the Armed Forces to modify increase the number of temporary pro- resentatives, not later than April 1, 2022, on
the memorial to Protestant Chaplains lo- motions to the grade of lieutenant com- the feasibility and advisability of author-
cated on Chaplains Hill at Arlington Na- mander in the Navy from 325 to 350. izing permissive temporary duty for wellness
tional Cemetery. The House bill contained no similar provi-
activities.
The Senate amendment contained no simi- sion.
lar provision. The agreement does not include this provi- Administrative separation: miscellaneous au-
The agreement includes the House provi- sion. thorities and requirements
sion with a clarifying amendment. Grade of Vice Chief of the National Guard Bu- The House bill contained a provision (sec.
Reports on security force personnel performing reau 517) that would require the Secretary of De-
protection level one duties (sec. 585) fense and the Secretaries of the military de-
The House bill contained a provision (sec.
partments to prescribe regulations and guid-
The Senate amendment contained a provi- 502) that would amend section 10505 of title
ance that would authorize the Secretary of
sion (sec. 595) that would direct the Sec- 10, United States Code, to require that the
the military department concerned to char-
retary of the Air Force to provide a report Vice Chief of the National Guard Bureau be
acterize an administrative discharge, consid-
annually for fiscal years 2023 through 2027 on appointed to serve in the grade of general.
ered by an administrative separation board,
the status of Air Force security forces dedi- The Senate amendment contained no simi-
under any conditions (including other than
cated to the defense of protection level one lar provision.
The agreement does not include this provi- honorable), notwithstanding the rec-
assets. ommendation of the administrative separa-
The House bill contained no similar provi- sion.
tion board. The provision would also author-
sion. Requirement of consent of the chief executive of- ize an individual subject to a separation
The agreement includes the Senate provi- ficer for certain full-time National Guard board to request that at least one voting
sion. duty performed in a State, Territory, or the member of the board be of the same gender,
GAO study on tattoo policies of the Armed District of Columbia race, or ethnicity.
Forces (sec. 586) The House bill contained a provision (sec. The Senate amendment contained no simi-
The House bill contained a provision (sec. 504) that would amend section 502(f)(2)(A) of lar provision.
599E) that would require the Comptroller title 32, United States Code, to require the The agreement does not include this provi-
General of the United States to evaluate the consent of the chief executive officer of each sion.
tattoo policies of each Armed Force and, not State or the Mayor of the District of Colum- Prohibition on algorithmic career termination
later than July 2, 2022, submit to the Com- bia in which an operation or mission takes
The House bill contained a provision (sec.
mittees on Armed Services of the Senate and place when that mission or operation is un-
518) that would prohibit the use of the output
the House of Representatives a report on the dertaken at the request of the President or
of an automated algorithmic, mathematical,
study. Secretary of Defense.
or other analytic tool used in the evaluation
The Senate amendment contained no simi- The Senate amendment contained no simi-
of publicly available social media posts or
lar provision. lar provision.
The agreement does not include this provi- other publicly available online activity at-
The agreement includes the House provi- tributable to a servicemember to discipline
sion with a technical amendment. sion.
the member, unless the Secretary concerned
Briefing regarding best practices for community Prohibition on commissioning or enlistment in determines an imminent threat of physical
engagement in Hawaii (sec. 587) the Armed Forces of an individual convicted violence exists.
The House bill contained a provision (sec. of a felony hate crime The Senate amendment contained no simi-
596) that would require the Assistant Sec- The House bill contained a provision (sec. lar provision.
retary of Defense and the Secretaries of the 511) that would amend section 657 of title 10, The agreement does not include this provi-
military departments to jointly submit to United States Code, to prohibit the commis- sion.
the Congress, not later than 180 days after sioning or enlistment in the military of indi- We direct the Secretary of Defense to pro-
the date of the enactment of this Act, a re- viduals convicted of a felony hate crime vide a briefing to the Committees on Armed
port on best practices for coordinating rela- under Federal, state, or local law. Services of the Senate and the House of Rep-
tions with State and local governmental en- The Senate amendment contained no simi- resentatives, not later than April 1, 2022, on
tities in the State of Hawaii. lar provision. any analytical tool the Department of De-
The Senate amendment contained no simi- The agreement does not include this provi- fense uses, or plans to use, to monitor the so-
lar provision. sion. cial media activities of servicemembers.
The agreement includes the House provi- We understand the Department of Defense, Prohibition on discipline against a member
sion with an amendment that would change by policy, does not access any otherwise based on certain social media
the report to a briefing to be provided not qualified individual who has been convicted
The House bill contained a provision (sec.
later than 90 days after the date of the enact- of a hate crime under Federal or state law.
519) that would prohibit disciplinary action
ment of this Act and provide a technical We further note that, since October 2009, no
of any kind against a member of the Armed
change. military service has approved an accession
Forces based solely on a comment, post, or
LEGISLATIVE PROVISIONS NOT ADOPTED waiver for someone convicted of a hate
other activity originating from a third party
crime.
Grade of certain chiefs of reserve components regarding a political matter on an online ac-
Modernization of the Selective Service System count, forum, or other electronic means
The House bill contained a provision (sec.
501) that would amend sections 7038, 8083, The House bill contained a provision (sec. owned, controlled, or operated by the mem-
8084, and 9038 of title 10, United States Code, 513) that would make numerous amendments ber.
to require that the Chiefs of Reserve of each to the Military Selective Service Act (50 The Senate amendment contained no simi-
service be appointed from officers in that re- U.S.C. 3801 et seq.) to expand registration re- lar provision.
serve component in the grade of lieutenant quirements under that Act to all Americans The agreement does not include this provi-
general or vice admiral. and to restate the purpose and solemnity of sion.
selective service. The expansion of registra- We direct the Secretary of Defense to pro-
The Senate amendment contained no simi-
tion to all Americans would take effect 1 vide a briefing to the Committees on Armed
lar provision.
The agreement does not include this provi- year after the date of the enactment of this Services of the Senate and the House of Rep-
sion. Act. resentatives, not later than April 1, 2022, on
Section 502 of the National Defense Au- The Senate amendment contained a simi- any analytical tool the Department of De-
lar provision (sec. 511). fense uses, or plans to use, to monitor the so-
dlhill on DSK120RN23PROD with HOUSE
thorization Act for Fiscal Year 2017 (Public
The agreement does not include either pro- cial media activities of servicemembers.
Law 114–328) repealed the statutory specifica-
vision. Progress report on implementation of GAO rec-
tion of general or flag officer grade for var-
ious positions in the Armed Forces, includ- Authorization of permissive temporary duty for ommendations regarding career paths for
ing the positions of the Chiefs of the reserve wellness surface warfare officers of the Navy
component of each service. This provision The House bill contained a provision (sec. The House bill contained a provision (sec.
does not preclude the appointment of these 515) that would require the Secretaries of the 519D) that would require the Secretary of the
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7291
Navy to provide a progress report on the im- prohibited personnel actions taken against and, when necessary, assistance in securing
plementation of the recommendations for ex- servicemembers in retaliation for protected such services’’ as well as information about
ecutive action in the report of the Govern- communications. the military criminal justice process.
ment Accountability Office (GAO), published The Senate amendment contained no simi- Report on mandatory restitution
June 17, 2021, titled ‘‘Navy Readiness: Ac- lar provision. The House bill contained a provision (sec.
tions Needed to Evaluate and Improve Sur- The agreement does not include this provi- 529E) that would require the Secretary of De-
face Warfare Officer Career Path’’ (GAO–21– sion. fense to submit a report to the Committees
168). Mandatory notification of members of the on Armed Services of the Senate and the
The Senate amendment contained no simi- Armed Forces identified in certain records of House of Representatives on the Department
lar provision. criminal investigations of Defense’s progress in evaluating the feasi-
The agreement does not include this provi- The House bill contained a provision (sec. bility and advisability of authorizing manda-
sion. 528) that would amend chapter 80 of title 10, tory restitution as a component of the sen-
We direct the Secretary of the Navy to pro- United States Code, to require notification tence for a conviction of an offense under the
vide a briefing to the Committees on Armed of a current or former servicemember that Uniform Code of Military Justice (chapter 47
Services of the Senate and the House of Rep- they have been designated as a subject of a of title 10, United States Code).
resentatives, not later than December 1, 2022, criminal investigation conducted by a mili- The Senate amendment contained no simi-
on the Navy’s progress in implementing the tary criminal investigative organization. lar provision.
recommendations for executive action in the The Senate amendment contained no simi- The agreement does not include this provi-
report of the Government Accountability Of- lar provision. sion.
fice (GAO), published June 17, 2021, titled We are aware that the Secretary of Defense
The agreement does not include this provi-
‘‘Navy Readiness: Actions Needed to Evalu- is conducting an assessment of this rec-
sion.
ate and Improve Surface Warfare Officer Ca- We note that the Secretary of Defense has ommendation from the Independent Review
reer Path’’ (GAO–21–168). Commission on Sexual Assault in the Mili-
not yet promulgated required policies on ti-
Commanding officer’s non-judicial punishment tary.
tling matters required by section 545 of the
William M. (Mac) Thornberry National De- Exclusion of evidence obtained without prior
The House bill contained a provision (sec.
fense Authorization Act for Fiscal Year 2021 authorization
522) that would amend Article 15 of the Uni-
form Code of Military Justice (UCMJ) (10 (Public Law 116–283). We direct the Secretary The House bill contained a provision (sec.
U.S.C. 815) to require a commanding officer to provide a briefing to the Committees on 529F) that would amend section 271 of title
to request and receive legal guidance before Armed Services of the Senate and the House 10, United States Code, to prohibit the ad-
imposing punishment under Article 15, of Representatives on the implementation of mission of evidence obtained in violation of
UCMJ, and to provide a servicemember who this provision not later than March 1, 2022. the Posse Comitatus Act (18 U.S.C. 1385) in
may be subject to such punishment with an Authority of military judges and military mag- any trial, hearing, or other proceeding in or
opportunity to consult appropriate counsel. before any court, grand jury, department, of-
istrates to issue military court protective or-
The Senate amendment contained no simi- ficer, agency, regulatory body, legislative
ders
committee, or other authority of the United
lar provision. The House bill contained a provision (sec. States, a State, or a political subdivision
The agreement does not include this provi- 529) that would amend chapter 80 of title 10, thereof.
sion. United States Code, to authorize military The Senate amendment contained no simi-
Selection process for members to serve on courts- judges and military magistrates to issue lar provision.
martial military court protective orders that would The agreement does not include this provi-
The House bill contained a provision (sec. be enforceable by State, local, territorial sion.
523) that would amend Article 25(e) of the and tribal civilian law enforcement authori- Report on demographics of military police and
Uniform Code of Military Justice (10 U.S.C. ties. security forces citations
825(e)) to require the randomized selection of The Senate amendment contained no simi- The House bill contained a provision (sec.
qualified personnel to serve as members of a lar provision. 529G) that would require the Secretary of De-
court-martial. The agreement does not include this provi-
fense, not later than March 1 of each year
The Senate amendment contained no simi- sion.
and in coordination with the Secretaries of
lar provision. Countering extremism in the Armed Forces the military departments, to provide to the
The agreement does not include this provi- The House bill contained a provision (sec. congressional defense committees a report
sion. 529A) that would amend Part II of subtitle A on the demographics of citations issued by
Petition for DNA testing under the Uniform of title 10, United States Code, to codify a se- military police and other security forces of
Code of Military Justice ries of provisions creating, and providing au- the Armed Forces.
The House bill contained a provision (sec. thorities for, a new Office of Countering Ex- The Senate amendment contained no simi-
524) that would amend the Uniform Code of tremism within the Office of the Under Sec- lar provision.
retary of Defense for Personnel and Readi- The agreement does not include this provi-
Military Justice (UCMJ) (chapter 47, United
ness. The provision would also add a new sec- sion.
States Code) to require the Judge Advocate
General to order DNA testing of specific tion 986 of title 10, United States Code, to Short title [IRC Implementation Act of 2021]
specified evidence upon written petition by prohibit the military service of any indi- The House bill contained a provision (sec.
an accused sentenced to imprisonment or vidual who engages in extremist activity or 531) that would create a short title of ‘‘IRC
death for a conviction under the UCMJ. who is a member of an extremist organiza- Implementation Act of 2021.’’
The Senate amendment contained no simi- tion. Finally, the provision would authorize The Senate amendment contained no simi-
lar provision. the Secretaries of the military departments lar provision.
The agreement does not include this provi- to use content posted online, including social The agreement does not include this provi-
sion. media, as a basis for involuntary separation sion.
from an armed force. Clarification of applicability of domestic vio-
Special Victim’s Counsel representation of civil- The Senate amendment contained no simi- lence and stalking to dating partners
ian victims of sex-related offenses lar provision. The House bill contained a provision (sec.
The Senate amendment contained a provi- The agreement does not include this provi- 539D) that would that would amend Articles
sion (sec. 525) that would amend section 1044e sion. 128b and 130 of the Uniform Code of Military
of title 10, United States Code, to require Distribution of information on the availability Justice (UCMJ) (10 U.S.C. 928b and 930) to
special victim counsel representation of a ci- of civilian victim services add dating partners to the victims covered
vilian victim of an alleged sex-related of-
The House bill contained a provision (sec. by those articles.
fense, if the alleged perpetrator was subject The Senate amendment contained a simi-
to the jurisdiction of the Uniform Code of 529D) that would require the Secretary of De-
fense to require the distribution of certain lar provision (sec. 534).
Military Justice at the time of the offense. The agreement does not include either pro-
The House bill contained no similar provi- information on the availability of civilian
victim services by military legal service pro- vision.
sion. We note that the definition of intimate
The agreement does not include this provi- viders to victims referred to such providers.
The Senate amendment contained no simi- partner contained in Article 130 of the UCMJ
sion. (10 U.S.C. 930) already includes the defini-
lar provision.
Clarifications of procedure in investigations of The agreement does not include this provi- tional material that would be added by these
personnel actions taken against members of provisions.
dlhill on DSK120RN23PROD with HOUSE
sion.
the Armed Forces in retaliation for pro- We note that Department of Defense (DOD) Report on modification of disposition authority
tected communications policy, DOD Instruction 1030.02, requires that for offenses other than special victim of-
The House bill contained a provision (sec. victims be furnished ‘‘information about fenses
526) that would amend section 1034 of title 10, available military and civilian . . . social The House bill contained a provision (sec.
United States Code, to clarify procedures re- services, victim advocacy services for vic- 539G) that would require the Secretary of De-
garding the investigation of allegations of tims of domestic violence or sexual assault, fense to submit a report on the feasibility
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H7292 CONGRESSIONAL RECORD — HOUSE December 7, 2021
and advisability of modifying disposition au- subsequent to separation from military serv- them in complying with this mandate. The
thority for offenses other than special victim ice. findings of that study have been delayed due
offenses. Amendments to pathways for counseling in the to COVID–19. We request the Marine Corps to
The Senate amendment contained no simi- Transition Assistance Program provide the Committees on Armed Services
lar provision. of the Senate and the House of Representa-
The House bill contained a provision (sec.
The agreement does not include this provi- tives a briefing on the status of integration
552) that would amend section 1142 of title 10,
sion. at initial entry training not later than Feb-
United States Code, to amend some of the
Plan for development and management of the ruary 1, 2022.
factors for the Secretaries concerned to con-
gender advisor workforce sider in establishing pathways for members Public-private consortium to improve profes-
The House bill contained a provision (sec. receiving counseling under such section. The sional military education
539J) that would require the Secretary of De- provision would also add the following addi- The House bill contained a provision (sec.
fense to develop and implement a plan to in- tional factors: (1) The member’s child care 559F) that would authorize the Secretary of
stitutionalize the gender advisor workforce requirements; (2) The employment status of Defense to establish and maintain a public-
of the Department of Defense responsible for other adults in the member’s household; (3) private consortium to improve and broaden
supporting implementation of the Women, The member’s location or duty status; (4) professional military education for military
Peace, and Security Act of 2017 (Public Law The effects of operating tempo on the mem- officers and civilian employees of the Fed-
115–68). ber and the member’s household; and (5) eral Government.
The Senate amendment contained no simi- Whether the member is an Indian or an The Senate amendment contained no simi-
lar provision. urban Indian, as defined in section 1603 of lar provision.
The agreement does not include this provi- title 25, United States Code. The agreement does not include this provi-
sion. The Senate amendment contained no simi- sion.
We note that elsewhere in this Act, we au- lar provision. We encourage the Secretaries of the mili-
thorize the Secretary of Defense, in con- The agreement does not include this provi- tary departments to consider consulting re-
sultation with the Secretary of State, to sion. sources outside of the Department of Defense
carry out a pilot program for the purpose of as they update and modernize professional
Participation of members of the reserve compo- military education for military officers and
conducting partner country assessments de- nents of the Armed Forces in the Skillbridge
scribed in that section. civilian employees of the Federal Govern-
program ment. We believe that curriculum develop-
Opportunity to obtain witness and other evi- The House bill contained a provision (sec. ment for professional military education is a
dence in trials by court-martial 553) that would amend section 1143(e) of title core responsibility and function of the mili-
The Senate amendment contained a provi- 10, United States Code, to expand access to tary services, while joint professional mili-
sion (sec. 539) that would amend Article 46 of pilot programs authorized under that section tary education should be managed by the
the Uniform Code of Military Justice (10 to members of the reserve components. Chairman of the Joint Chiefs of Staff to de-
U.S.C. 846) to authorize special victim pros- The Senate amendment contained no simi- termine the correct curriculum in line with
ecutors to issue pre-referral investigative lar provision. the National Defense Strategy.
subpoenas. The agreement does not include this provi-
Standards for training of surface warfare offi-
The House bill contained no similar provi- sion.
cers and enlisted members
sion. We note that members of the reserve com-
The agreement does not include this provi- ponents are not similarly situated to Active- The House bill contained a provision (sec.
sion. Duty servicemembers in the need to transi- 559G) that would require the Secretary of the
tion to civilian life and employment, the Navy to establish standards and procedures
Annual report regarding sexual assaults involv-
focus of the pilot programs authorized under by which a Navy surface warfare officer or
ing members of the Army National Guard
that section. enlisted member who serves in a bridge or
and the Air National Guard
engine department may be issued a merchant
The House bill contained a provision (sec. Clarifications regarding scope of employment mariner credential in accordance with Part
546) that would require the Secretary of De- and reemployment rights of members of the E of subtitle II of title 46, United States
fense to submit to the Committees on Armed uniformed services Code.
Services of the Senate and the House of Rep- The House bill contained a provision (sec. The Senate amendment contained no simi-
resentatives an annual report regarding sex- 559B) that would amend section 4303 of title lar provision.
ual assaults involving members of the Army 38, United States Code, to render unenforce- The agreement does not include this provi-
National Guard and Air National Guard. able any part of a contract or agreement sion.
The Senate amendment contained no simi- that would mandate the use of arbitration to We direct the Secretary of the Navy to pro-
lar provision. resolve a claim under the Uniformed Serv- vide a briefing to the Committees on Armed
The agreement does not include this provi- ices Employment and Reemployment Rights Services of the Senate and the House of Rep-
sion. Act (USERRA) (38 U.S.C. 43), unless all par- resentatives, not later than October 1, 2022,
We express continued concern about the ties consent to arbitration after a complaint on the feasibility and advisability of issuing
problem of sexual assaults across the Armed on the specific claim has been filed in court merchant mariner credentials to Navy sur-
Forces, including in the National Guard. We or with the Merit Systems Protection Board. face warfare officers or enlisted members of
encourage the Secretaries of the military de- The Senate amendment contained no simi- the Navy who serve in a bridge or engine de-
partments to continue to collect detailed lar provision. partment.
data and synopses of sexual assaults involv- The agreement does not include this provi- Pilot program on activities under the Transition
ing members of the Army National Guard sion. Assistance Program for a reduction in sui-
and Air National Guard operating under the We encourage the Department of Defense cide among veterans
authorities of title 10 and title 32, United and other Federal agencies to continue to The House bill contained a provision (sec.
States Code, and to take proactive steps to provide administrative assistance to 559K) that would require the Secretary of De-
prevent and respond to such incidents. servicemembers and veterans whenever pos- fense and the Secretary of Veterans Affairs
Training on consequences of committing a crime sible to informally resolve claims under to conduct jointly a pilot program to assess
in preseparation counseling of the Transi- USERRA. the feasibility and advisability of providing
tion Assistance Program Clarification and expansion of prohibition on a 3-hour counseling module under the Tran-
The House bill contained a provision (sec. gender-segregated training in the Marine sition Assistance Program to assist with the
551) that would amend section 1142 of title 10, Corps reduction of veteran suicides.
United States Code, to add a requirement The House bill contained a provision (sec. The Senate amendment contained no simi-
that members covered by such section be 559C) that would clarify and expand on the lar provision.
trained on the consequences of a criminal prohibition on gender-segregated training in The agreement does not include this provi-
conviction on their entitlement to benefits the Marine Corps contained in section 565 of sion.
from the Federal Government as a result of the National Defense Authorization Act for Requirement of involvement of representatives of
such conviction. Fiscal Year 2020 (Public Law 116–92). military and veterans’ service organizations
The Senate amendment contained no simi- The Senate amendment contained no simi- in the Transition Assistance Program of the
lar provision. lar provision. Department of Defense
The agreement does not include this provi- The agreement does not include this provi- The House bill contained a provision (sec.
sion. sion. 559M) that would amend section 1144 of title
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We encourage the Secretaries of the mili- We recognize that, as directed by law, the 10, United States Code, to require involve-
tary departments to ensure their military services continue their gender inte- ment of representatives of military and vet-
servicemembers are informed of their bene- gration efforts across the force, including erans’ service organizations in the Transi-
fits as veterans, retirees, and former initial entry training platforms. We under- tion Assistance Program of the Department
servicemembers at the time they are pre- stand from a briefing earlier this year that of Defense.
paring to separate from the service, includ- the Marine Corps is awaiting findings from a The Senate amendment contained no simi-
ing benefits that may be affected by events University of Pittsburgh study to assist lar provision.
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7293
The agreement does not include this provi- The House bill contained no similar provi- Special Operations Command, to submit to
sion. sion. the Committees on Armed Services of the
Establishment of Exceptional Family Member The agreement does not include this provi- Senate and the House of Representatives a
Program Advisory Council sion. report on the Preservation of the Force and
The House bill contained a provision (sec. Portability of professional licenses of members of Family program.
the uniformed services and their spouses The Senate amendment contained no simi-
561) that would amend chapter 7 of title 10,
lar provision.
United States Code, to establish an Excep- The House bill contained a provision (sec. The agreement does not include this provi-
tional Family Member Program Advisory 566) that would amend title VII of the sion.
Council. Servicemembers Civil Relief Act (50 U.S.C.
The Senate amendment contained no simi- Pilot Transition Assistance Program for military
4021) to provide for the portability of profes-
lar provision. spouses
sional licenses of servicemembers and their
The agreement does not include this provi- spouses across jurisdictions in the United The House bill contained a provision (sec.
sion. States. 569G) that would create a pilot Transition
We note that the issues raised in this pro- The Senate amendment contained no simi- Assistance Program for military spouses.
vision are addressed elsewhere in this Act. lar provision. The Senate amendment contained no simi-
Short title The agreement does not include this provi- lar provision.
sion. The agreement does not include this provi-
The Senate amendment contained a provi- sion.
sion (sec. 561) establishing a short title for Limitation on modifications to sexual assault re-
the ‘‘Military Justice Improvement and In- Increasing the physical security of military in-
porting procedures
creasing Prevention Act’’. stallations
The Senate amendment contained a provi-
The House bill contained no similar provi- The Senate amendment contained a provi-
sion (sec. 566) that would prohibit the Sec-
sion. sion (sec. 569) that would require the Sec-
retary of Defense from amending certain De-
The agreement does not include this provi- retary of Defense to conduct a survey of
partment of Defense regulations concerning
sion. lodging and living spaces on military instal-
sexual assault reporting procedures until 30
Non-medical counseling services for military lations to assess various physical security
days after notifying the appropriate congres-
families measures in place and to develop and carry
sional committees.
out a program to increase physical security
The House bill contained a provision (sec. The House bill contained no similar provi-
at military installations based on the sur-
562) that would amend section 1781 of title 10, sion.
vey.
United States Code, to authorize mental The agreement does not include this provi- The House bill contained no similar provi-
health care providers to provide non-medical sion. sion.
counseling services to military families Database of next of kin of deceased members of The agreement does not include this provi-
through the Department of Defense Family the Armed Forces sion.
Readiness System. The House bill contained a provision (sec. We note that the matters raised in this
The Senate amendment contained no simi- provision are addressed elsewhere in this
567) that would require the Secretary of De-
lar provision. Act.
The agreement does not include this provi- fense to establish and maintain a database
containing up-to-date contact information GAO review of extremist affiliations and activity
sion.
We direct the Secretary of Defense to pro- for the next of kin of members of the Armed among members of the Armed Forces on Ac-
vide a briefing to the Committees on Armed Forces. tive Duty
Services of the Senate and the House of Rep- The Senate amendment contained no simi- The House bill contained a provision (sec.
resentatives, not later than May 1, 2022, on lar provision. 575) that would require the Comptroller Gen-
the non-medical counseling services cur- The agreement does not include this provi- eral of the United States to perform a review
rently available to military families and the sion. to determine the prevalence of extremist af-
feasibility and advisability of authorizing Increased training and education on military filiations and activity among members of
mental health care providers to provide non- sexual assault the armed services on Active Duty.
medical counseling services to military fam- The Senate amendment contained a provi- The Senate amendment contained no simi-
ilies. sion (sec. 568) that would require increased lar provision.
The agreement does not include this provi-
Policies and procedures regarding determina- training and education on military sexual
sion.
tions on disposition of charges for certain assault for officers in the grade of O–5 or We note the importance of the work the
offenses under Uniform Code of Military above, enlisted personnel at the grade of E– Department of Defense is undertaking in this
Justice 9 or above, and certain officer candidates. area.
The Senate amendment contained a provi- The House bill contained no similar provi-
sion. Justice for Women Veterans
sion (sec. 562(f)) that would require the Sec- The House bill contained a provision (sec.
retaries of the military departments to pro- The agreement does not include this provi-
sion. 577) that would express the sense of Congress
mulgate policies and procedures with respect that women who served in the Armed Forces
to implementation of the other matters con- Feasibility study on program for drop-in child
before February 23, 1976, should not have
tained in section 562 of the Senate amend- care furnished to certain military spouses at
been involuntarily separated or discharged
ment. military child development centers
due to pregnancy or parenthood, and would
The House bill contained no similar provi- The House bill contained a provision (sec. express deep remorse for the women who
sion. 569) that would require the Secretary of De- were forced, by official U.S. policy to endure
The agreement does not include this provi- fense to conduct a study and subsequently discriminatory actions simply because they
sion. report to the Committees on Armed Services became pregnant or became a parent while a
Discharge using otherwise authorized personnel of the Senate and the House of Representa- member of the Armed Forces. The provision
and resources tives on the feasibility of establishing a pro- would also require the Comptroller General
The Senate amendment contained a provi- gram under which the military spouse of a of the United States to conduct a study re-
sion (sec. 564) that would require that modi- covered military member may leave a cov- garding women involuntarily separated or
fications to the Uniform Code of Military ered child with a child care employee at a discharged from the Armed Forces due to
Justice under the ‘‘Military Justice Improve- child development center on a drop-in basis. pregnancy or parenthood during the period
ment and Increasing Prevention Act’’ be af- The Senate amendment contained no simi- of 1951 through 1976.
fected within existing authorized funding lar provision. The Senate amendment contained no simi-
levels and personnel strengths. The agreement does not include this provi- lar provision.
The House bill contained no similar provi- sion. The agreement does not include this provi-
sion. We direct the Secretary of Defense to pro- sion.
The agreement does not include this provi- vide a briefing to the Committees on Armed We are aware that the data required for
sion. Services of the Senate and the House of Rep- the proposed Comptroller General study does
Monitoring and assessment of modification of resentatives, not later than May 1, 2022, on not exist.
authorities by Defense Advisory Committee the feasibility of establishing a program Task Force on Historical and Current Barriers
on Investigation, Prosecution, and Defense under which the military spouse of a covered to African American Participation and
of Sexual Assault in the Armed Forces military member may leave a covered child Equal Treatment in the Armed Services
with a child care employee at a child devel-
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The Senate amendment contained a provi- The House bill contained a provision (sec.
opment center on a drop-in basis.
sion (sec. 565) that would require the Defense 578) that would require the Secretary of De-
Advisory Committee on Investigation, Pros- Report on Preservation of the Force and Family fense to establish within the Department of
ecution, and Defense of Sexual Assault in the program of United States Special Operations Defense a task force on historical and cur-
Armed Forces to monitor the changes re- Command rent barriers to African American participa-
quired by sections 562, 563, and 564 of the The House bill contained a provision (sec. tion and equal treatment in the Armed
Senate amendment. 569C) that would direct the Commander, U.S. Forces.
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H7294 CONGRESSIONAL RECORD — HOUSE December 7, 2021
The Senate amendment contained no simi- waters. We value the meritorious perform- The Senate amendment contained a provi-
lar provision. ance of Operation End Sweep veterans fol- sion (sec. 522) that would require the Sec-
The agreement does not include this provi- lowing the cessation of military combat op- retary of Defense to require the Secretaries
sion. erations in Vietnam. of the military departments to conduct no
We note the historic, courageous, and hon- Authorization for award of the Medal of Honor fewer than six independent reviews at mili-
orable military service of African Americans to Marcelino Serna for acts of valor during tary installations under the control of the
throughout American history, from the Rev- World War I Secretary concerned assessing the command
olutionary War to the present, as well as The House bill contained a provision (sec. climate at such installations. The provision
their continuing contribution to the future 584) that would authorize the President to would require the Secretaries concerned to
successes of the U.S. Armed Forces and are posthumously award the Medal of Honor conduct the assessments at three installa-
encouraged by ongoing efforts by the Depart- under section 7272 of title 10, United States tions with the highest risk of sexual assault
ment of Defense to increase diversity and in- Code, to Marcelino Serna for his actions as a and three installations with the lowest risk
clusion across the military services. private in the Army during World War I, for of sexual assault, as defined by the Secretary
Best practices for the retention of certain female which he was previously awarded the Distin- of Defense, for that military department.
members of the Armed Forces guished Service Cross. The agreement does not include these pro-
The House bill contained a provision (sec. The Senate amendment contained no simi- visions.
lar provision. We understand the Defense Advisory Com-
579) that would require the Secretaries of the
The agreement does not include this provi- mittee on the Prevention of Sexual Mis-
military departments to share and imple-
sion. conduct is already reviewing installation
ment best practices regarding the retention
We note that the Department of the Army command climate assessments. We encour-
of female members of the Armed Forces.
The Senate amendment contained no simi- has confirmed that Marcelino Serna’s record age the Department of Defense (DOD) to
lar provision. is among those pending review for upgrade to focus program execution efforts at the in-
The agreement does not include this provi- the Medal of Honor under section 584 of the stallation level and to share lessons learned
sion. National Defense Authorization Act for Fis- with the Congress on DOD’s current efforts
We encourage the military services to con- cal Year 2020 (Public Law 116–92). to assess installation climate assessments.
tinue to compile and share best practices on Rescission of Medals of Honor awarded for acts Healthy eating in the Department of Defense
retention of highly qualified military per- at Wounded Knee Creek on December 29, The House bill contained a provision (sec.
sonnel, including best practices concerning 1890 592) that would establish an element of the
the retention of female servicemembers. The House bill contained a provision (sec. Department of Defense responsible for imple-
Consideration of sexual orientation by Inspector 585) that would rescind each Medal of Honor menting a plan to improve access to healthy
General when conducting review of racial awarded for acts at Wounded Knee Creek, food on military installations, and would au-
disparity in the Department of Defense Lakota Pine Ridge Indian Reservation, thorize the Secretary of Defense to carry out
The House bill contained a provision (sec. South Dakota, on December 29, 1890, and di- a pilot program to develop and test appro-
579C) that would require the Department of rect the Secretaries concerned to remove the priate business models to increase the avail-
Defense Inspector General to take sexual ori- name of each individual awarded a Medal of ability, affordability, and acceptability of
entation into account when conducting any Honor for such acts from the Army, Navy, healthy foods in military dining facilities.
review of racial disparity within the Depart- Air Force, and Coast Guard Medal of Honor The Senate amendment contained no simi-
ment after the date of the enactment of this rolls maintained under section 1134a of title lar provision.
Act. 10, United States Code. The agreement does not include this provi-
The Senate amendment contained no simi- sion.
The Senate amendment contained no simi-
lar provision. We encourage the military departments to
lar provision. The agreement does not include this provi-
The agreement does not include this provi- expand healthy eating choices on military
sion. installations, taking into account leading
sion. We highlight S. Con. Res. 153, a concurrent practices from campus dining services at in-
Semiannual reports regarding review of service resolution that acknowledged the 100th anni- stitutions of higher learning and lessons
records of certain veterans versary of the tragedy at Wounded Knee learned from prior efforts to expand healthy
The House bill contained a provision (sec. Creek, State of South Dakota, December 29, eating choices on military installations.
581) that would amend section 586 of the Na- 1890, wherein soldiers of the U.S. Army 7th
Plant-based protein pilot program of the Navy
tional Defense Authorization Act for Fiscal Cavalry killed and wounded approximately
Year 2017 (Public Law 114–328) to add a semi- 350 to 375 Indian men, women, and children The House bill contained a provision (sec.
annual reporting requirement on the service of Chief Big Foot’s band of the Minneconjou 593) that would require a pilot program to
record reviews required by such section. Sioux. In that resolution, the Congress ex- provide plant-based protein options to mem-
The Senate amendment contained no simi- pressed deep regret on behalf of the United bers of the Navy at no less than two naval fa-
lar provision. States to the descendants of the victims, cilities and would not preclude the consump-
The agreement does not include this provi- survivors, and their respective Tribal com- tion of regular meat-based products.
sion. munities. However, these Medals of Honor The Senate amendment contained no simi-
We note that the Senate report accom- were awarded at the prerogative of the Presi- lar provision.
panying S. 2792 (S. Rept. 117–39) of the Na- dent of the United States, not the Congress. The agreement does not include this provi-
tional Defense Authorization Act for Fiscal We encourage the Secretary of Defense to re- sion.
Year 2022 requires the Secretary of Defense We believe that the Secretary of the Navy
view these medals and to provide a briefing
to provide a briefing on the results of the rel- has authority to conduct this pilot program
on any such review.
evant record reviews to the Committees on if the Secretary determines that it is in the
Inclusion of Purple Heart awards on military best interest of the Navy.
Armed Services of the Senate and the House valor website
of Representatives, not later than March 1, Reports on misconduct by members of special op-
The House bill contained a provision (sec.
2022. erations forces
586) that would require the Secretary of De-
Eligibility of veterans of Operation End Sweep fense to publish a list of certain Purple The House bill contained a provision (sec.
for Vietnam Service Medal Heart recipients on a publicly accessible 594) that would require the Assistant Sec-
The House bill contained a provision (sec. internet website of the Department of De- retary of Defense for Special Operations and
582) that would authorize the Secretaries of fense. Low Intensity Conflict to submit a semi-
the military departments to award the Viet- The Senate amendment contained no simi- annual report to the Committees on Armed
nam Service Medal to veterans who partici- lar provision. Services of the Senate and the House of Rep-
pated in Operation End Sweep. The agreement does not include this provi- resentatives regarding misconduct by mem-
The Senate amendment contained no simi- sion. bers of special operations forces.
lar provision. We direct the Secretary of Defense to pro- The Senate amendment contained no simi-
The agreement does not include this provi- vide a briefing, not later than March 1, 2022, lar provision.
sion. to the Committees on Armed Services of the The agreement does not include this provi-
We direct the Secretary of Defense to pro- Senate and the House of Representatives, ad- sion.
vide a briefing to the Committees on Armed dressing the feasibility and advisability of Military justice career track for judge advocates
Services of the Senate and the House of Rep- publishing a list of Purple Heart recipients The House bill contained a provision (sec.
resentatives, not later than April 1, 2022, on on a publicly accessible internet website of 599) that would require each Secretary of a
the Department of Defense.
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the advisability of awarding the Vietnam military department to establish a military
Service Medal to veterans of Operation End Command climate assessments: independent re- justice career track for judge advocates
Sweep. We recognize the distinguished serv- view; reports under the jurisdiction of such Secretary.
ice of veterans who participated in Operation The House bill contained a provision (sec. The Senate amendment contained a simi-
End Sweep from February 6, 1973, to July 18, 591) that would direct the Secretary of De- lar provision (sec. 567) that would require the
1973, in undertaking the harrowing work of fense to establish an Independent Command Secretary of Defense to increase training to
clearing sea mines laid in Vietnamese Climate Review Board for each Armed Force. certain prosecutors on the proper conduct,
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7295
presentation, and handling of sexual assault Not later than 180 days after the date of The Senate amendment contained a provi-
and domestic violence cases. the enactment of this Act, the Comptroller sion (sec. 6004) that would require the Sec-
The agreement does not include these pro- General shall provide a briefing to the Com- retary of Defense to amend Department of
visions. mittees on Armed Services of the Senate and Defense Instruction 1300.29, dated June 28,
Annual report regarding cost of living for mem- the House of Representatives on the status 2021, or any successor regulation, to provide
bers and employees of the Department of of the assessment. Further, not later than 1 that the threshold for disinterring commin-
Defense year after the briefing, the Comptroller Gen- gled remains interred as group remains un-
The House bill contained a provision (sec. eral shall submit to the Committees on known is individual identification of 50 per-
599A) that would amend section 136 of title Armed Services of the Senate and the House cent of the servicemembers associated with
10, United States Code, to require the Under of Representatives a report on the assess- that group.
Secretary of Defense for Personnel and Read- ment. The House bill contained no similar provi-
iness to submit an annual report to the Com- Study and report on herbicide agent exposure in sion.
mittees on Armed Services of the Senate and Panama Canal Zone The agreement does not include this provi-
the House of Representatives on the costs of The House bill contained a provision (sec. sion.
living, nationwide, for members of the 599C) that would require the Secretary of De- TITLE VI—COMPENSATION AND OTHER
Armed Forces on Active Duty and employees fense to conduct a study on the exposure of PERSONNEL BENEFITS
of the Department of Defense. members of the Armed Forces to herbicide
The Senate amendment contained no simi- Subtitle A—Pay and Allowances
agents, including Agent Orange and Agent
lar provision. Purple, in the Panama Canal Zone during Basic needs allowance for members on active
The agreement does not include this provi- service in the Armed Forces (sec. 601)
the period beginning on January 1, 1958, and
sion.
ending on December 31, 1999. The provision The House bill contained a provision (sec.
Comptroller General assessment of quality and would also require the Secretary to submit a 601) that would create a new pay allowance
nutrition of food available at military in- report on the study to the Congress not later to provide supplemental income for certain
stallations for members of the Armed Forces than 1 year after the date of the enactment members of the Armed Forces whose gross
The House bill contained a provision (sec. of this Act. household income falls below 130 percent of
599B) that would direct the Comptroller Gen- The Senate amendment contained no simi- the Federal poverty guidelines of the Depart-
eral of the United States to conduct an as- lar provision. ment of Health and Human Services.
sessment of the quality and nutrition of food The agreement does not include this provi- The Senate amendment contained a simi-
available at military installations for mem- sion. lar provision (sec. 601).
bers of the Armed Forces. We direct the Secretary of Defense to pro- The agreement includes the Senate provi-
The Senate amendment contained a simi- vide a briefing on the exposure of members of sion with an amendment that would grant
lar provision (sec. 6003). the Armed Forces to herbicide agents, in-
The agreement does not include these pro- the Secretary of Defense the authority to ad-
cluding Agent Orange and Agent Purple, in just the calculation of gross household in-
visions. the Panama Canal Zone during the period be-
We direct the Comptroller General of the come for members stationed in high-cost
ginning on January 1, 1958, and ending on De- areas. The amendment would also require
United States to conduct an assessment of cember 31, 1999. The Secretary shall provide
the quality and nutrition of food available at the Secretary concerned to conduct a study
the briefing to the Committees on Armed on food insecurity in the Armed Forces.
military installations for members of the Services of the Senate and the House of Rep-
Armed Forces. The assessment shall include resentatives not later than 1 year after the Equal incentive pay for members of the reserve
the following: date of the enactment of this Act. components of the Armed Forces (sec. 602)
(1) A description of the extent to which
GAO report on screenings included in the health The House bill contained a provision (sec.
data is being collected on the nutritional
assessment for members separating from the 602) that would amend chapter 5 of title 37,
food options available at military installa-
Armed Forces United States Code, to require the Secre-
tions for members of the Armed Forces, in-
taries of the military departments to pay a
cluding the fat, sodium, and fiber content of The House bill contained a provision (sec.
member of the reserve component of the
hot line foods; 559N) that would require the Comptroller
(2) An assessment of the extent to which Armed Forces incentive pay in the same
General of the United States to submit to
the Department of Defense has evaluated monthly amount that a member entitled to
the Committees on Armed Services of the
whether the nutritional food options de- the same incentive pay in the regular compo-
Senate and the House of Representatives a
scribed in paragraph (1) meet or exceed the nent would receive.
report on screenings for risk of social isola-
daily nutrition standards for adults set forth tion, homelessness, or substance abuse in The Senate amendment contained a simi-
by the Department of Agriculture; health assessments administered to lar provision (sec. 602).
(3) A description of how the Secretary of servicemembers separating from the Armed The agreement includes the House provi-
Defense integrates and coordinates nutrition Forces. sion with an amendment that would provide
recommendations, policies, and pertinent in- The Senate amendment contained no simi- implementation guidance to the Secretary of
formation through the Interagency Com- lar provision. Defense.
mittee on Human Nutrition Research; The agreement does not include this provi- Expansions of certain travel and transportation
(4) An assessment of the extent to which sion. authorities (sec. 603)
the Department has evaluated how such rec-
Pilot grant program to supplement the Transi- The House bill contained a provision (sec.
ommendations, policies, and information af-
tion Assistance Program of the Department 603) that would amend section 12604 of title
fect health outcomes of members of the
of Defense 10, United States Code, to add new reimburs-
Armed Forces or retention rates for those
members who do not meet physical stand- The House bill contained a provision (sec. able expenses for certain members of the re-
ards set forth by the Department; 559O) that would require the Secretary of De- serve component. The provision would also
(5) A description of how the Secretary fense, in consultation with the Secretary of amend section 451 of title 37, United States
gathers input on the quality of food service Veterans Affairs, to carry out a pilot grant Code, to authorize reimbursement to quali-
options provided to members of the Armed program under which the Secretary of De- fied members for mandatory pet quarantine
Forces; fense would provide enhanced support and fees. The provision would also amend sec-
(6) An assessment of how the Department funding to eligible entities to supplement tions 451 and 452 of title 37, United States
tracks the attitudes and perceptions of mem- the Transition Assistance Program (TAP). Code, to authorize reimbursement of certain
bers of the Armed Forces on the quality of The Senate amendment contained no simi- transportation expenses for qualified depend-
food service operations at military installa- lar provision. ents of members of the Armed Forces.
tions in terms of availability during irreg- The agreement does not include this provi- The Senate amendment contained a simi-
ular hours, accessibility, portion, price, and sion. lar provision (sec. 603).
quality; We direct the Secretary of Defense to sub- The agreement includes the Senate provi-
(7) An assessment of access by members of mit to the Committees on Armed Services of sion with a technical amendment.
the Armed Forces to high-quality food op- the Senate and the House of Representatives
Repeal of expiring travel and transportation au-
tions on military installations, such as a report, not later than April 1, 2022, on the
thorities (sec. 604)
availability of food outside typical meal feasibility and advisability of establishing a
times or options for members not located in grant program to supplement TAP to provide The Senate amendment contained a provi-
close proximity to dining facilities at a mili- job opportunities for industry recognized sion (sec. 604) that would repeal the expiring
travel and transportation authorities in sub-
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tary installation; and certifications, job placement assistance, and
(8) Such recommendations as the Comp- related services directly to a member of the chapter III of chapter 8 of title 37, United
troller General may have to address any Armed Forces participating in TAP or the States Code, effective December 31, 2021.
findings related to the quality and avail- spouse of such a member. The House bill contained no similar provi-
ability of food options provided to members Modification of Department of Defense sion.
of the Armed Forces by the Department of threshold for the disinterment of unidenti- The agreement includes the Senate provi-
Defense. fied remains sion.
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H7296 CONGRESSIONAL RECORD — HOUSE December 7, 2021
Requirements in connection with suspension of fense to deliver to appropriate congressional The Senate amendment contained no simi-
retired pay and retirement annuities (sec. committees a report on rental partnership lar provision.
605) programs within the Armed Forces. The agreement includes the House provi-
The Senate amendment contained a provi- The Senate amendment contained no simi- sion.
sion (sec. 606) that would prohibit the De- lar provision. Pilot program on direct hire authority for
fense Finance and Accounting Service from The agreement includes the House provi- spouses of members of the uniformed serv-
suspending military retired pay or a military sion with an amendment that would require ices at locations outside the United States
retirement annuity until 90 days after the the Secretary of Defense to deliver a report (sec. 625)
provision of written notice to a military re- on rental partnership programs to the Com-
The Senate amendment contained a provi-
tiree, annuitant, or their designated rep- mittees on Armed Services of the Senate and
sion (sec. 1108) that would authorize the Sec-
resentative of the basis for such proposed the House of Representatives.
retary of Defense to conduct a pilot program
suspension, along with other relevant infor- Subtitle B—Bonus and Incentive Pays to appoint, without regard to the provisions
mation. The provision would also include nu- One-year extension of certain expiring bonus of subchapter I of chapter 33 of title 5,
merous other matters relating to the suspen- and special pay authorities (sec. 611) United States Code (other than sections 3303
sion of payment following lack of timely re- The House bill contained a provision (sec. and 3328 of such chapter), certain dependents
sponse and recovery of overpayments. 611) that would extend for 1 year certain ex- of members of the uniformed services sta-
The House bill contained no similar provi- piring bonus and special pay authorities. tioned at a duty station outside of the
sion. The Senate amendment contained an iden- United States to a competitive position
The agreement includes the Senate provi- tical provision (sec. 605). within the Department of Defense.
sion with an amendment that would preserve The agreement includes this provision. The House bill contained no similar provi-
the notice requirement and strike the ancil- Subtitle C—Family and Survivor Benefits sion.
lary provisions of suspension of payment and Extension of paid parental leave (sec. 621) The agreement includes the Senate provi-
recovery of overpayments. The amendment sion with an amendment that would author-
The House bill contained a provision (sec.
would also require the Secretary of Defense ize the Secretary of Defense to renew an ap-
621) that would amend section 701 of title 10,
to submit to the Committees on Armed Serv- pointment made under this authority for 2
United States Code, to authorize 12 weeks of
ices of the Senate and the House of Rep- additional terms of 2 years each.
paid parental leave for members of the
resentatives a report on a process by which Armed Forces after the birth, adoption, or Casualty assistance program: reform; establish-
notifications of the death of a military re- permanent foster placement of a minor child ment of working group (sec. 626)
tiree or annuitant may be determined with with the member and up to 18 weeks, includ- The House bill contained a provision (sec.
respect to the termination of eligibility for ing a medical convalescent week, for mem- 628) that would require the Secretary of De-
benefits. bers who have given birth. fense to establish a working group to per-
Report on relationship between basic allowance The Senate amendment contained a simi- form specified duties related to standards
for housing and sizes of military families lar provision (sec. 520) that would amend sec- and training for Casualty Assistance Officers
(sec. 606) tion 701 of title 10, United States Code, to au- (CAO), commission a 30-day study on
The House bill contained a provision (sec. thorize 12 weeks of paid parental leave for workflow and gap analysis of casualty sup-
605) that would require the Secretary of De- members of the Armed Forces after the port operations, explore the possibility of
fense to submit to the Committees on Armed birth, adoption, or permanent foster place- creating a badge designation for CAOs, re-
Services of the Senate and the House of Rep- ment of a minor child with the member. view the organization of the Office of Cas-
resentatives a report on whether the Basic The agreement includes the Senate provi- ualty, Mortuary Affairs, and Military Fu-
Allowance for Housing under section 403 of sion with a clarifying amendment, an neral Honors, explore the establishment of
title 37, United States Code, is sufficient for amendment related to physical fitness stand- meetings and councils related to Gold Star
the average family size of members of the ards for members who have given birth, and families, recommend improvements to the
Armed Forces. an amendment to add a reporting require- family notification process of Arlington Na-
The Senate amendment contained no simi- ment related to the provision. tional Cemetery, explore the redesign of the
lar provision. Bereavement leave for members of the Armed Days Ahead Binder, consider expanding the
The agreement includes the House provi- Forces (sec. 622) DD Form 93 to include more details regard-
sion with a technical amendment. The House bill contained a provision (sec. ing the last wishes of a deceased member,
627) that would require the Secretary of De- and assess coordination between the Depart-
Report on certain moving expenses for members
fense to ensure that paid parental leave that ment of Defense and the Office of Survivors
of the Armed Forces (sec. 607)
has already been approved for a member of Assistance of the Department of Veterans
The House bill contained a provision (sec. Affairs.
604) that would require the Secretary of De- the Armed Forces may not be terminated
The Senate amendment contained no simi-
fense to submit to the Committees on Armed upon the death of the child for whom such
lar provision.
Services of the Senate and the House of Rep- leave is taken.
The agreement includes the House provi-
The Senate amendment contained a simi-
resentatives a report on unreimbursed mov- sion with an amendment that differs from
lar provision (sec. 520A) that would amend
ing expenses incurred by members of the the House provision in that it would elimi-
section 701 of title 10, United States Code, to
Armed Forces and their families. nate the requirement for a 30-day study,
create a new category of bereavement leave
The Senate amendment contained no simi- modify the statutory membership of the
for members of the Armed Forces that would
lar provision working group, and make other clarifying
authorize eligible members to take up to 2
The agreement includes the House provi- amendments.
weeks of leave in connection with the death
sion with a clarifying amendment. Subtitle D—Defense Resale Matters
of an immediate family member.
Report on temporary lodging expenses in com- The agreement includes the Senate provi- Additional sources of funds available for con-
petitive housing markets (sec. 608) sion. struction, repair, improvement, and mainte-
The House bill contained a provision (sec. Travel and transportation allowances for family nance of commissary stores (sec. 631)
606) that would require the Secretary of De- members to attend the funeral and memorial The House bill contained a provision (sec.
fense to submit to the Committees on Armed services of members (sec. 623) 631) that would amend section 2484(h) of title
Services of the Senate and the House of Rep- The House bill contained a provision (sec. 10, United States Code, to expand the sources
resentatives a report on the appropriateness 625) that would amend section 452 of title 37, of funds available to the Department of De-
of the maximum payment period of 10 days United States Code, to authorize reimburse- fense for the construction, repair, improve-
under subsection (c) of section 474a of title ment to family members who travel to at- ment, and maintenance of commissary stores
37, United States Code, for temporary lodg- tend the funeral and memorial services of to include fees received under agreements
ing expenses incurred in highly competitive members. with host nations and amounts appropriated
housing markets. The provision would re- The Senate amendment contained no simi- for repair or reconstruction of a commissary
quire the report to be submitted not later lar provision. store in response to a disaster or emergency.
than 60 days after the date of the enactment The agreement includes the House provi- The Senate amendment contained no simi-
of this Act. sion. lar provision.
The Senate amendment contained no simi- Expansion of pilot program to provide financial The agreement includes the House provi-
lar provision. assistance to members of the Armed Forces sion.
The agreement includes the House provi- for in-home child care (sec. 624) Subtitle E—Miscellaneous Rights and
sion with an amendment that would require Benefits
dlhill on DSK120RN23PROD with HOUSE
The House bill contained a provision (sec.
the report described above to be submitted Alexander Lofgren Veterans in Parks program
626) that would amend section 589 of the Wil-
not later than 180 days after the date of the (sec. 641)
liam M. (Mac) Thornberry National Defense
enactment of this Act.
Authorization Act for Fiscal Year 2021 (Pub- The House bill contained a provision (sec.
Report on rental partnership programs (sec. 609) lic Law 116–283) to expand the pilot program 644) that would amend section 805 of the Fed-
The House bill contained a provision (sec. in such section to other locations as the Sec- eral Lands Recreation Enhancement Act
607) that would require the Secretary of De- retary concerned deems appropriate. (Public Law 108–447).
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7297
The Senate amendment contained no simi- ble for space-available travel that the Sec- The Senate amendment contained a simi-
lar provision. retary, in the discretion of the Secretary, lar provision (sec. 701) that would amend sec-
The agreement includes the House provi- considers appropriate. tion 1079(a) of title 10, United States Code, to
sion. Electronic or online notarization for members of authorize TRICARE coverage of preconcep-
LEGISLATIVE PROVISIONS NOT ADOPTED the Armed Forces tion and prenatal carrier screening tests for
certain medical conditions.
Transitional compensation and benefits for the The House bill contained a provision (sec. The agreement includes the Senate provi-
former spouse of a member of the Armed 641) that would amend section 1044a of title sion.
Forces who allegedly committed a depend- 10, United States Code, to authorize elec-
ent-abuse offense during marriage Revisions to TRICARE provider networks (sec.
tronic or online notarization for members of
703)
The House bill contained a provision (sec. the Armed Forces.
The Senate amendment contained no simi- The Senate amendment contained a provi-
622) that would amend section 1059 of title 10,
lar provision. sion (sec. 721) that would amend sections 1075
United States Code, to authorize transitional
The agreement does not include this provi- and 1097a of title 10, United States Code, to
compensation and benefits for the former
sion. authorize multiple provider networks in the
spouse of a member of the Armed Forces who
same geographical area under TRICARE Se-
allegedly committed a dependent-abuse of- Termination of telephone, multichannel video
lect and TRICARE Prime.
fense during the marriage. programming, and internet access service The House bill contained no similar provi-
The Senate amendment contained no simi- contracts by servicemembers who enter into sion.
lar provision. contracts after receiving military orders for The agreement includes the Senate provi-
The agreement does not include this provi- permanent change of station but then re- sion.
sion. ceive stop movement orders due to an emer- Self-initiated referral process for mental health
Claims relating to the return of personal effects gency evaluations of members of the Armed Forces
of a deceased member of the Armed Forces The House bill contained a provision (sec. (sec. 704)
The House bill contained a provision (sec. 642) that would amend section 305A of the The House bill contained a provision (sec.
623) that would amend section 1482(a) of title Servicemembers Civil Relief Act (50 U.S.C. 714) that would amend section 1090a of title
10, United States Code, to authorize the Sec- 3956) to modify the circumstances under 10, United States Code, to require the Sec-
retaries of the military departments to pay which a member of the Armed Forces may retary of Defense to establish a phrase to en-
for the delivery of personal effects of a dece- terminate certain contracts for telephone, able a servicemember to trigger a mandatory
dent to the next of kin or other appropriate multichannel video, or internet access serv- referral by a commanding officer or super-
person and to pursue claims against third ice. visor for a mental health evaluation of the
party entities contracted to deliver such per- The Senate amendment contained no simi- member.
sonal effects for loss or damage to such per- lar provision. The Senate amendment contained no simi-
sonal effects. The agreement does not include this provi- lar provision.
The Senate amendment contained no simi- sion. The agreement includes the House provi-
lar provision. Space available travel for members of the Armed sion with an amendment that would provide
The agreement does not include this provi- Forces to attend funerals and memorial for a self-initiated process that would enable
sion. services a servicemember to trigger a referral for a
We encourage the Department of Defense The House bill contained a provision (sec. mental health evaluation by requesting such
to ensure that all personal effects of a de- 643) that would require the Secretary of De- a referral from a commanding officer or su-
ceased member of the Armed Forces are re- fense to modify the space available travel pervisor who is in a grade above E–5.
turned to next of kin or other appropriate program established under section 2641b of Modifications to pilot program on health care
person in a timely manner and, if the per- title 10, United States Code, to include, as assistance system (sec. 705)
sonal effects are lost or damaged, the next of authorized category II travel, space avail- The House bill contained a provision (sec.
kin of the deceased or other appropriate per- able travel for members of the Armed Forces 704) that would amend section 731(d) of the
son will be afforded the opportunity to seek when the primary purpose of the member’s National Defense Authorization Act for Fis-
compensation for the loss or damage to the travel is to attend a funeral or memorial cal Year 2018 (Public Law 115–91) to make
decedent’s personal effects. service. modifications to the pilot program on health
Space-available travel for children, surviving The Senate amendment contained no simi- care assistance system.
spouses, parents, and siblings of members of lar provision. The Senate amendment contained no simi-
the Armed Forces who die while serving in The agreement does not include this provi- lar amendment.
the active military, naval, or air service sion. The agreement includes the House provi-
TITLE VII—HEALTH CARE PROVISIONS sion.
The House bill contained a provision (sec.
624) that would amend section 2641b of title Modification of pilot program on receipt of non-
Subtitle A—TRICARE and Other Health Care
10, United States Code, to expand eligibility generic prescription maintenance medica-
Benefits
for space-available travel on Department of tions under TRICARE pharmacy benefits
Eating disorders treatment for certain members program (sec. 706)
Defense aircraft to children, surviving of the Armed Forces and dependents (sec.
spouses, parents, and siblings of members of The Senate amendment contained a provi-
701)
the Armed Forces who die while serving in sion (sec. 703) that would amend section 706
the active military, naval, or air service. The House bill contained a provision (sec. of the William M. (Mac) Thornberry National
The Senate amendment contained no simi- 702) that would amend section 1079 of title 10, Defense Authorization Act for Fiscal Year
lar provision. United States Code, to authorize certain 2021 (Public Law 116–283) to require the Sec-
The agreement does not include this provi- treatment services for eating disorders for retary of Defense to conduct a 3-year pilot
sion. certain servicemembers and their depend- program under which covered TRICARE
We note that since 2006, there have been ents. beneficiaries could elect to receive certain
four congressionally requested assessments The Senate amendment contained no simi- non-generic prescription maintenance medi-
of the space-available travel program, all of lar provision. cations either through military treatment
which advised against expanding space-avail- The agreement includes the House provi- facility pharmacies, the TRICARE mail
able privileges due to routes being at or near sion with an amendment that would author- order pharmacy program, or retail network
capacity. However, pursuant to the authori- ize residential services only if the member pharmacies, if the Secretary determines that
ties granted to the Secretary of Defense in has a primary diagnosis of an eating disorder the total cost to the Department of Defense
section 2641b of title 10, United States Code, and treatment at such residential facility is would not exceed the total cost for providing
the Secretary in October 2020, extended space medically indicated for treatment of that these prescriptions through the TRICARE
available privileges to surviving spouses of eating disorder. mail order pharmacy program. The provision
servicemembers who died on Active Duty Addition of preconception and prenatal carrier would also provide that reimbursement of re-
and their dependents (when accompanied by screening coverage as benefits under tail pharmacies for prescriptions provided
the surviving spouse); surviving spouses of TRICARE program (sec. 702) under the pilot program may not exceed the
retired military members and their depend- The House bill contained a provision (sec. amount of reimbursement that would have
ents (when accompanied by the surviving 706) that would amend section 1079(a) of title been paid for prescriptions dispensed through
spouse); surviving spouses of servicemembers 10, United States Code, to require certain the TRICARE mail order pharmacy program.
who died in an inactive duty training status preconception and prenatal carrier screening The House bill contained no similar provi-
sion.
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and their dependents (when accompanied by tests upon request of the beneficiary. The
the surviving spouse); and surviving spouses House bill also contained a provision (sec. The agreement includes the Senate provi-
of servicemembers who died in an annual 762) that would require the Secretary of De- sion.
training status and their dependents (when fense to submit a report to the Congress on Improvement of postpartum care for members of
accompanied by the surviving spouse). The potential TRICARE coverage of preconcep- the Armed Forces and dependents (sec. 707)
Secretary of Defense retains the authority to tion and prenatal carrier screening tests for The House bill contained a provision (sec.
determine the categories of individuals eligi- certain medical conditions. 701) that would amend chapter 55 of title 10,
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H7298 CONGRESSIONAL RECORD — HOUSE December 7, 2021
United States Code, to: (1) Provide Authority of Secretary of Defense and Secretary Removal of requirement for one year of partici-
postpartum mental health assessments at of Veterans Affairs to enter into agreements pation in certain medical and lifestyle in-
certain prescribed intervals; (2) Provide pel- for planning, design, and construction of centive programs of the Department of De-
vic health evaluations and treatment; and (3) facilities to be operated as shared medical fense to receive benefits under such pro-
Provide concurrent scheduling of postpartum facilities (sec. 714) grams (sec. 719)
care appointments with initial well-baby vis- The Senate amendment contained a provi- The Senate amendment contained a provi-
its. The provision would further require the sion (sec. 726) that would authorize the Sec- sion (sec. 725) that would amend section 729
Secretary of Defense to develop a standard- retary of Defense and the Secretary of Vet- of the National Defense Authorization Act
ized policy for postpartum body composition erans Affairs to enter into agreements to for Fiscal Year 2017 (Public Law 114–328) to
assessments and physical fitness test re- plan, design, and construct facilities to be remove the requirement for 1 year of partici-
quirements. Moreover, the provision would operated as shared medical facilities. The pation in certain medical and lifestyle incen-
require the Secretary to conduct a 1-year provision would prescribe how funds could be tive programs before an eligible beneficiary
pilot program to streamline the process of transferred and merged between the Depart- could receive benefits under such programs.
scheduling postpartum appointments to re- ment of Defense and the Department of Vet-
duce the number of visits required for ap- The House bill contained no similar provi-
erans Affairs.
pointments, and would require the Secretary sion.
The House bill contained no similar provi-
to increase capacity to provide pelvic health sion. The agreement includes the Senate provi-
rehabilitation services at military medical The agreement includes the Senate provi- sion.
treatment facilities (MTFs). Finally, the sion. Department of Defense standards for exemptions
provision would require the Secretary to
Extension of authority for Joint Department of from mandatory COVID–19 vaccines (sec.
issue guidance providing standard protocols
Defense-Department of Veterans Affairs 720)
for treatment of obstetrical hemorrhages at
Medical Facility Demonstration Fund (sec.
MTFs. The House bill contained a provision (sec.
715)
The Senate amendment contained no simi- 720) that would require the Secretary of De-
lar provision. The Senate amendment contained a provi- fense to establish uniform procedures under
The agreement includes the House provi- sion (sec. 742) that would amend section which servicemembers may be exempted
sion with an amendment that would require 1704(e) of the National Defense Authorization from receiving the COVID–19 vaccine for ad-
the Secretary to establish clinical practice Act for Fiscal Year 2010 (Public Law 111–84), ministrative, medical, or religious reasons,
guidelines for the provision of postpartum as amended by section 743 of the William M. including on the basis of possessing an anti-
care in MTFs and to establish a policy for (Mac) Thornberry National Defense Author- body test demonstrating previous infection.
scheduling of appointments for postpartum ization Act for Fiscal Year 2021 (Public Law The Senate amendment contained no simi-
health care services in MTFs. The amend- 116–283), to extend the authority for the lar provision.
ment would also authorize the Secretary to Joint Department of Defense-Department of
Veterans Affairs Demonstration Fund from The agreement includes the House provi-
carry out a pilot program to evaluate the ef- sion with an amendment that would require
fect of concurrent scheduling of appoint- September 30, 2022, to September 30, 2023.
The House bill contained no similar provi- the Secretary of Defense to establish uni-
ments for postpartum care with appoint- form standards under which servicemembers
ments for well-baby care, to the degree clini- sion.
The agreement includes the Senate provi- may be exempted from receiving the COVID–
cally appropriate. 19 vaccine for administrative, medical, or re-
sion.
Subtitle B—Health Care Administration ligious reasons.
Establishment of Department of Defense system
Modification of certain Defense Health Agency to track and record information on vaccine Establishment of centers of excellence for en-
organization requirements (sec. 711) administration (sec. 716) hanced treatment of ocular injuries (sec.
The House bill contained a provision (sec. The House bill contained a provision (sec. 721)
711) that would amend section 1073c(c)(5) of 717) that would amend section 1110 of title 10, The Senate amendment contained a provi-
title 10, United States Code, to remove the United States Code, to require the Secretary sion (sec. 723) that would require the Sec-
requirement that the Deputy Assistant Di- of Defense, in consultation with the Director retary of Defense to establish, not later than
rector for Information Operations and the of the Defense Health Agency and in coordi- October 1, 2022, at least four regional centers
Deputy Assistant Director for Financial Op- nation with the Secretaries of the military of excellence (COEs) for the enhanced treat-
erations report directly to the Assistant Di- departments, to establish a system to track ment of ocular wounds or injuries and vision
rector for Health Care Administration. and record: (1) Vaccines administered by the dysfunction related to ocular wounds or inju-
The Senate amendment contained no simi- Department; (2) Adverse reactions to vac- ries and traumatic brain injury.
lar provision. cines; and (3) Vaccine refusals by
The agreement includes the House provi- The provision would also require the Direc-
servicemembers. tor of the Defense Health Agency (DHA) to
sion. The Senate amendment contained no simi- publish policies on a publicly available inter-
Requirement for consultations relating to mili- lar provision. net web site for the referral of eligible bene-
tary medical research and Defense Health The agreement includes the House provi- ficiaries of the Department of Defense to
Agency Research and Development (sec. 712) sion with an amendment that would specify such centers. To address staffing of the
The House bill contained a provision (sec. the vaccine refusals that would be tracked COEs, the provision would require the Secre-
712) that would amend section 1073c of title and recorded. taries of the military departments, in con-
10, United States Code, to require the Sec- Exemption from required physical examination junction with the Joint Staff Surgeon and
retary of Defense to ensure that periodic and mental health assessment for certain the DHA Director, to identify specific med-
consultations regarding the plans and re- members of the reserve components (sec. 717) ical personnel billets essential for the eval-
quirements for military medical research of The House bill contained a provision (sec. uation and treatment of ocular sensory inju-
the military departments and the establish- 727) that would amend section 1145(a)(5) of ries and to ensure that the COEs are staffed
ment of the Defense Health Agency Research title 10, United States Code, to exempt cer- to provide the enduring medical support of
and Development organization occur within tain members of the reserve components each center.
the Department of Defense. from required physical and mental health as- Finally, the provision would require the
The Senate amendment contained no simi- sessments. Secretary to submit a report to the Commit-
lar provision. The Senate amendment contained no simi- tees on Armed Services of the Senate and the
The agreement includes the House provi- lar provision. House of Representatives, not later than De-
sion with a clarifying amendment that would The agreement includes the House provi- cember 31, 2022, that: (1) Describes the estab-
require that the initial consultation be car- sion. lishment of each COE and the referral policy
ried out not later than March 1, 2022. Authorization of provision of instruction at Uni- published by the DHA; (2) Identifies the med-
Authorization of program to prevent fraud and formed Services University of the Health ical personnel billets required to staff the
abuse in the military health system (sec. Sciences to certain Federal employees (sec. COEs; and (3) Provides a plan for staffing the
713) 718) COEs.
The House bill contained a provision (sec. The House bill contained a provision (sec. The House bill contained no similar provi-
713) that would amend chapter 55 of title 10, 718) that would amend title 2114(h) of title 10, sion.
United States Code, to authorize a program United States Code, to authorize certain The agreement includes the Senate provi-
dlhill on DSK120RN23PROD with HOUSE
to prevent and remedy fraud and abuse in Federal employees to receive instruction at sion with an amendment that would adjust
the health care programs of the Department the Uniformed Services University of the the dates for the establishment of the COEs
of Defense. Health Sciences. to October 1, 2023, and require the Secretary
The Senate amendment contained no simi- The Senate amendment contained no simi- of Defense to provide a briefing to the Com-
lar provision. lar provision. mittees on Armed Services of the Senate and
The agreement includes the House provi- The agreement includes the House provi- the House of Representatives, not later than
sion. sion. December 31, 2023.
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7299
Implementation of integrated product for man- vious limitations on the realignment or re- within 90 days of the termination of the pro-
agement of population health across mili- duction of military medical manning and gram.
tary health system (sec. 722) medical billets. The provision would require The Senate amendment contained no simi-
The House bill contained a provision (sec. the Comptroller General of the United States lar provision.
723) that would require the Secretary of De- to submit a report to the Committees on The agreement includes the House provi-
fense to develop and implement an inte- Armed Services of the Senate and the House sion with an amendment that would require
grated product for the management of popu- of Representatives, within 1 year of the date the Secretary to provide a briefing to the
lation health across the military health sys- of the enactment of this Act, on the analyses Committees on Armed Services of the Senate
tem. performed by the Department of Defense to and the House of Representatives within 90
The Senate amendment contained no simi- support any reduction or realignment of days of the termination of the program and
lar provision. military medical manning and medical bil- expand the scope of the pilot to include pur-
The agreement includes the House provi- lets. chased care components of the TRICARE
sion with a clarifying amendment. The Senate amendment contained a provi- program.
Digital health strategy of Department of De- sion (sec. 5701) that would require the Secre- Prohibition on availability of funds for certain
fense (sec. 723) taries of the military departments to ensure research connected to China (sec. 735)
that the Surgeons General fully carry out The House bill contained a provision (sec.
The House bill contained a provision (sec. the requirements of section 712(b)(3) of the
724) that would require the Secretary of De- 737) that would prohibit the use of funds on
John S. McCain National Defense Authoriza- research conducted in China or with entities
fense, not later than April 1, 2022, to develop tion Act for Fiscal Year 2019 (Public Law
a digital health strategy to incorporate new owned or controlled by the Chinese govern-
115–232). The amendment would also require ment unless the Secretary of Defense pro-
and emerging technologies and methods in the Secretary of Defense to ensure that, for
the provision of clinical care in the military vides a waiver for national security reasons.
fiscal years 2023 through 2027, the Secretaries If the Secretary grants a waiver, the Sec-
health system. of the military departments assign to the
The Senate amendment contained no simi- retary must submit to the congressional de-
Walter Reed National Military Medical Cen- fense committees a justification not later
lar provision.
ter sufficient military personnel to meet not than 14 days after the waiver is provided.
The agreement includes the House provi-
less than 85 percent of the joint table of dis- The House bill also contained a provision
sion with an amendment that would require
tribution in effect for such facility on De- (sec. 6485) that would prohibit the provision
the Secretary of Defense, not later than July
cember 23, 2016. of any funds authorized under this Act to
1, 2022, to submit a briefing on the strategy
The agreement includes the House provi- EcoHealth Alliance, Inc.
to the Committees on Armed Services of the
sion with an amendment to add the elements The Senate amendment contained no simi-
Senate and the House of Representatives.
of the Senate provision to the House provi- lar provisions.
Development and update of certain policies re- sion, and to require the Secretaries of the The agreement includes the House provi-
lating to military health system and inte- military departments, not later than Sep- sion with an amendment that would combine
grated medical operations (sec. 724) tember 30, 2022, to submit a report to the the provisions, narrowing the prohibition on
The House bill contained a provision (sec. Committees on Armed Services of the Senate provision of funds to EcoHealth Alliance to
725) that would require the Secretary of De- and the House of Representatives on compli- cover only funds made available for the De-
fense to develop and update certain policies ance with this provision. partment of Defense, and only work per-
relating to the military health system and Access by United States Government employees formed by that entity in China on research
integrated medical operations of the Depart- and their family members to certain facili- supported by the Government of China.
ment of Defense. ties of Department of Defense for assessment Limitation on certain discharges solely on the
The Senate amendment contained no simi- and treatment of anomalous health condi- basis of failure to obey lawful order to re-
lar provision. tions (sec. 732)
The agreement includes the House provi- ceive COVID–19 vaccine (sec. 736)
sion with an amendment that would modify The Senate amendment contained a provi- The House bill contained a provision (sec.
the policies to be addressed. sion (sec. 741) that would require the Sec- 716) that would amend chapter 55 of title 10,
retary of Defense to provide certain U.S. United States Code, to provide that a serv-
Mandatory training on health effects of burn Government employees and their family icemember who declines the COVID–19 vac-
pits (sec. 725) members who are experiencing symptoms of cine may only receive an honorable dis-
The House bill contained a provision (sec. anomalous health conditions, as defined by charge.
719) that would require the Secretary of De- the Secretary for the purposes of this provi- The Senate amendment contained no simi-
fense to provide each military health system sion, timely access for medical assessment, lar provision.
medical provider with mandatory training subject to space availability, to the National The agreement includes the House provi-
on the potential health effects of burn pits. Intrepid Center of Excellence, an Intrepid sion with an amendment that would require
The Senate amendment contained an iden- Spirit Center, or an appropriate military that, during the period between August 24,
tical provision (sec. 724). medical treatment facility, and to furnish 2021, and 2 years after the date of the enact-
The agreement includes this provision. appropriate treatment. ment of this Act, any discharge of a service-
Standardization of definitions used by the De- The House bill contained no similar provi- member, on the sole basis that the member
partment of Defense for terms related to sui- sion. failed to obey a lawful order to receive a vac-
cide (sec. 726) The agreement includes the Senate provi- cine for COVID–19, shall be an honorable dis-
The House bill contained a provision (sec. sion. charge, or a general discharge under honor-
726) that would require the Secretary of De- Pilot program on cardiac screening at certain able conditions.
fense to develop standardized definitions for military service academies (sec. 733) Independent analysis of Department of Defense
suicide, suicide attempt, and suicidal idea- The House bill contained a provision (sec. Comprehensive Autism Care Demonstration
tion. Additionally, the provision would re- 732) that would require the Secretary of De- program (sec. 737)
quire the Secretary to submit a report on fense to establish a pilot program to furnish The House bill contained a provision that
the standardized definitions to the Commit- mandatory cardiac screening (electrocardio- would require the Secretary of Defense to
tees on Armed Services of the Senate and the grams) for candidates seeking admission to a enter into an agreement with the National
House of Representatives not later than 180 covered military service academy. Academies of Sciences, Engineering, and
days after the date of the enactment of this The Senate amendment contained no simi- Medicine to conduct an independent review
Act. lar provision. of the Department of Defense Comprehensive
The Senate amendment contained no simi- The agreement includes the House provi- Autism Care Demonstration program. The
lar provision. sion with an amendment that would provide provision would require the National Acad-
The agreement includes the House provi- for cardiac screening of 25 percent of the in- emies to submit to the congressional defense
sion with an amendment that would require coming class of individuals who have been committees a report on its findings and rec-
the Secretary to provide a briefing on the admitted to a service academy. ommendations not later than 9 months after
standardized definitions to the Committees the date of execution of the agreement with
Pilot program on assistance for mental health
on Armed Services of the Senate and the the Secretary.
appointment scheduling at military medical
House of Representatives not later than 180 The Senate amendment contained no simi-
treatment facilities (sec. 734)
days after the date of enactment of this Act. lar provision.
The House bill contained a provision (sec.
Subtitle C—Reports and Other Matters The agreement includes the House provi-
734) that would require the Secretary of De-
Modifications and reports related to military sion with a clarifying amendment.
dlhill on DSK120RN23PROD with HOUSE
fense to conduct a pilot program to provide
medical manning and medical billets (sec. direct assistance for mental health appoint- Independent review of suicide prevention and
731) ment scheduling at military medical treat- response at military installations (sec. 738)
The House bill contained a provision (sec. ment facilities and clinics. The Secretary The House bill contained a provision (sec.
721) that would amend section 719 of the Na- would submit a report on the pilot program 739) that would require the Secretary of De-
tional Defense Authorization Act for Fiscal to the Committees on Armed Services of the fense, not later than 90 days after the date of
year 2020 (Public Law 116–92) to modify pre- Senate and the House of Representatives the enactment of this Act, to establish an
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H7300 CONGRESSIONAL RECORD — HOUSE December 7, 2021
independent suicide prevention and response provision would prescribe the elements of LEGISLATIVE PROVISIONS NOT ADOPTED
review committee to undertake a review of such study and require the Comptroller Gen- Coverage of overseas subacute and hospice care
suicide prevention and response at not fewer eral to brief the Committees on Armed Serv- for eligible overseas dependents of members
than three military installations. The provi- ices of the Senate and the House of Rep- of the uniformed services
sion would describe the duties of such com- resentatives on the status of the study not The Senate amendment contained a provi-
mittee and would require an initial report to later than May 1, 2022. The Comptroller Gen- sion (sec. 702) that would amend sections
the Secretary of Defense within 270 days of eral would then submit a report on the study 1074j(b) and 1079(a)(15) of title 10, United
the committee’s establishment, followed by to the same committees not later than May States Code, to authorize the Secretary of
a report to the Committees on Armed Serv- 1, 2023. Defense to provide coverage of subacute
ices of the Senate and the House of Rep- The House bill contained no similar provi-
(skilled nursing and home health care serv-
resentatives within 330 days of the commit- sion.
The agreement includes the Senate provi- ices) and hospice care for eligible overseas
tee’s establishment. dependents of members of the uniformed
The Senate amendment contained no simi- sion.
services who are on Active Duty for a period
lar provision. Study to determine need for a joint fund for
of more than 30 days.
The agreement includes the House provi- Federal Electronic Health Record Mod- The House bill contained no similar provi-
sion with an amendment that would require ernization Office (sec. 743) sion.
the Secretary to select at least one military The House bill contained a provision (sec. The agreement does not include this provi-
installation under the jurisdiction of each 744) that would require the Secretary of De- sion.
military department for review by the com- fense, in coordination with the Secretary of
mittee. TRICARE program: coverage of telehealth serv-
Veterans Affairs, to conduct a study on the ices during certain health emergencies
Feasibility and advisability study on establish- development of a joint fund for the Federal
ment of aeromedical squadron at Joint Base Electronic Health Record Modernization Of- The House bill contained a provision (sec.
Pearl Harbor-Hickam (sec. 739) fice. The provision would require the Sec- 703(a)) that would amend chapter 55 of title
retary of Defense, in coordination with the 10, United States Code, to authorize coverage
The House bill contained a provision (sec.
Secretary of Veterans Affairs, to submit a of telehealth services under the TRICARE
740) that would require the Secretary of De-
report, not later than April 1, 2022, to the ap- program during certain health emergencies.
fense, in consultation with the Chief of the The Senate amendment contained no simi-
National Guard Bureau and the Director of propriate congressional committees on the
findings of the study, including any rec- lar provision.
the Air National Guard, to complete a study The agreement does not include this provi-
on the feasibility and advisability of the es- ommendations on development of a joint
fund. sion.
tablishment of an aeromedical squadron of
the Hawaii Air National Guard at Joint Base The Senate amendment contained no simi- Pilot program to place certain retired members
Pearl Harbor-Hickam to support the needs of lar provision. of the Armed Forces in the Ready Reserve
Hawaii and the U.S. Indo-Pacific Command. The agreement includes the House provi- The House bill contained a provision (sec.
The Secretary would complete the study not sion with an amendment that would require 703(b)) that would authorize the Secretary of
later than April 1, 2022, and submit a report the study to determine whether there is a a military department to carry out a pilot
to the Committees on Armed Services of the valid need or military requirement for the program under which certain retired mem-
Senate and the House of Representatives development of the joint fund and to submit bers may be placed in the Ready Reserve if
containing the findings of the study. the report to the appropriate congressional the Secretary makes a special finding that
The Senate amendment contained no simi- committees not later than July 1, 2022. the retired member possesses a skill in which
lar provision. Briefing on domestic production of critical ac- the Ready Reserve concerned has a critical
The agreement includes the House provi- tive pharmaceutical ingredients for national shortage.
sion with an amendment that would require security purposes (sec. 744) The Senate amendment contained no simi-
the Secretary of Defense to submit a briefing The House bill contained a provision (sec. lar provision.
to the Committees on Armed Services of the 745) that would require the Secretary of De- The agreement does not include this provi-
Senate and the House of Representatives fense, not later than April 1, 2022, to provide sion.
based on the aeromedical mission needs of a briefing to the Committees on Armed Serv- Survivor Benefit Plan open enrollment period
the U.S. Indo-Pacific Command. ices of the Senate and the House of Rep- The House bill contained a provision (sec.
Study on incidence of breast cancer among resentatives on the development of a domes- 703(c)) that would open the enrollment win-
members of the Armed Forces serving on ac- tic production capability for critical active dow for the Survivor Benefit Plan to allow
tive duty (sec. 740) pharmaceutical ingredients and drug prod- eligible retired or former military members
The Senate amendment contained a provi- ucts in finished dosage form. to elect to participate in the Survivor Ben-
sion (sec. 5702) that would require the Sec- The Senate amendment contained no simi- efit Plan during the specified enrollment pe-
retary of Defense to conduct a study on the lar provision. riod.
The agreement includes the House provi- The Senate amendment contained no simi-
incidence of breast cancer among
sion with an amendment that would require lar provision.
servicemembers on Active Duty.
the briefing on the development of a capa- The agreement does not include this provi-
The House bill contained no similar provi-
bility for the domestic production of critical sion.
sion.
The agreement includes the Senate provi- active pharmaceutical ingredients and drug
Temporary requirement for contraception cov-
sion with a clarifying amendment. products for national security purposes.
erage parity under the TRICARE program
GAO biennial study on Individual Longitudinal Briefing on substance abuse in the Armed
Forces (sec. 745) The House bill contained a provision (sec.
Exposure Record program (sec. 741) 705) that would prohibit the Secretary of De-
The House bill contained a provision (sec. fense from imposing or collecting cost-shares
The House bill contained a provision (sec.
6480) that would require the Secretaries of from TRICARE Prime or Select beneficiaries
742) that would direct the Comptroller Gen-
the military departments and the Com- for any prescription contraceptive on the
eral of the United States to conduct a study
mandant of the Marine Corps each to submit uniform formulary during the 1 year begin-
on the implementation and effectiveness of
a report, not later than 180 days after the ning on the date that is 30 days after the
the Individual Longitudinal Exposure Record
date of the enactment of this Act, to the date of the enactment of this Act.
program of the Departments of Defense and
Committees on Armed Services of the Senate The Senate amendment contained no simi-
Veterans Affairs. The study would begin not
and the House of Representatives on sub- lar provision.
later than December 1, 2022, and occur bien-
stance abuse treatment concerns related to The agreement does not include this provi-
nially until December 31, 2030.
The Senate amendment contained no simi- servicemembers and their dependents. The sion.
lar provision. provision would also require them to submit
a report to the Congress, within the same Inclusion of exposure to perfluoroalkyl and
The agreement includes the House provi- polyfluoroalkyl substances as component of
sion with an amendment that would change time period, on the use of substance abuse
treatment programs located at or around periodic health assessments
the date of the initial study to December 31, The House bill contained a provision (sec.
2023. military installations.
The Senate amendment contained no simi- 715) that would amend sections 1075 and 1145
Comptroller General study on implementation by lar provision. of title 10, United States Code, to require the
Department of Defense of recent statutory The agreement includes this provision with Secretaries of the military departments, in-
requirements to reform the military health an amendment that would require the Under cluding the Secretary of the department in
system (sec. 742)
dlhill on DSK120RN23PROD with HOUSE
Secretary of Defense for Personnel and Read- which the Coast Guard is operating, to en-
The Senate amendment contained a provi- iness, not later than June 1, 2022, to provide sure that periodic health assessments, sepa-
sion (sec. 743) that would require the Comp- a briefing to the Committees on Armed Serv- ration history and physical examination, and
troller General of the United States to con- ices of the Senate and the House of Rep- deployment assessments provided to
duct a study on the Department of Defense’s resentatives on the substance abuse policy, servicemembers include a perfluoroalkyl and
implementation of statutory requirements strategy, and programs of the Department of polyfluoroalkyl substances exposure evalua-
to reform the military health system. The Defense. tion and blood testing.
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7301
The Senate amendment contained no simi- tims of mass casualty events, chemical, bio- services and the stigma associated with
lar provision. logical, radiological and nuclear events, seeking mental health care within the De-
The agreement does not include this provi- naval and undersea medicine, and physio- partment of Defense. We note that another
sion. logical stress and aerospace medicine. We section of this Act requires the Department
Implementation of an integrated TRICARE pro- note that DOD and Israel have either com- to conduct a pilot program to facilitate ac-
gram through effective market management pleted or begun 22 collaborative research ef- cess to mental health care appointments. We
The Senate amendment contained a provi- forts since 2016 in these research areas with also note that the Defense Organizational
sion (sec. 722) that would require the Sec- DOD awarding grants to conduct such re- Climate Survey conducted by the Defense
retary of Defense, acting through the Direc- search. Additionally, the Uniformed Services Equal Opportunity Management Institute
tor of the Defense Health Agency, to imple- University of the Health Sciences and the (DEOMI) already includes certain questions
ment integration of the direct care and pur- IDF have had an academic agreement since about access to mental health care and stig-
chased care components of the TRICARE 2016 covering the coordination of scientific ma, and a requirement for additional ques-
program through effective management of and continuing education programs to in- tions for purposes other than measurement
geographic markets. The provision would clude the potential development of special- of command climate may be problematic. In
prescribe the elements of market integra- ized courses of military medical instruction. general, the process to develop new survey
tion. It would require a streamlined, effec- Pilot program on cryopreservation and storage questions involves scientific literature re-
tive patient referral system for TRICARE The House bill contained a provision (sec. views, cognitive testing, piloting, and psy-
beneficiaries and a continued enrollment op- 733) that would require the Secretary of De- chometric analysis. This process can take
eration for such beneficiaries in geographic fense to conduct a pilot program to give up upwards of 12 to 18 months and would require
markets. to 1,000 participating servicemembers the op- coordination with the Department of Defense
The House bill contained no similar provi- portunity to cryopreserve and store their Office of People Analytics. Additionally,
sion. gametes before deploying to a combat zone. DEOMI may make additions and changes to
The agreement does not include this provi- The Senate amendment contained no simi- such questions on a quarterly basis.
sion. lar provision. Plan to address findings related to access to
We understand that the Defense Health The agreement does not include this provi- contraception for members of the Armed
Agency (DHA) continues to implement a sion. Forces
market construct as it transforms the mili- We direct the Secretary of Defense to pro- The House bill contained a provision (sec.
tary health system (MHS) into a value-based vide a briefing to the Committees on Armed 741) that would require the Secretary of De-
system focused on medical readiness of the Services of the Senate and the House of Rep- fense to develop and implement a plan to ad-
total force and readiness of the medical resentatives on the legal and ethical issues dress findings of the report of the Depart-
force. In fiscal year 2022, the DHA plans to involving cryopreservation and storage of ment of Defense related to access to contra-
establish its regional offices in the European gametes, including, but not limited to: (1) ception. The Secretary would provide a re-
and Indo-Pacific markets and to continue es- Ownership, storage, future use, donation, port on the plan to the appropriate congres-
tablishment of its small market offices and and destruction, including an analysis of the sional committees, as defined, not later than
stand-alone military medical treatment fa- application of State law; (2) Conflicts of law 180 days after the date of the enactment of
cilities. We encourage the DHA to continue when a storage facility is located in one this Act.
its efforts to integrate the direct care and state and the servicemember is located in The Senate amendment contained no simi-
purchased care components of the MHS another state and perhaps has residence in a lar provision.
through effective market management. third state; (3) Spousal ownership, future The agreement does not include this provi-
use, donation, and destruction issues; (4) sion.
Consistency in accounting for medical reim-
Military and Veterans Administration bene- We direct that, not later than 180 days
bursements received by military medical
fits for posthumously conceived children; (5) after the date of the enactment of this Act,
treatment facilities from other Federal agen-
Conflicts between spouses regarding use and the Secretary of Defense shall submit to the
cies
ownership of stored gametes; and (6) The De- Committees on Armed Services of the Senate
The Senate amendment contained a provi- partment of Defense’s responsibilities for and the House of Representatives a briefing
sion (sec. 727) that would amend section 1085 stored gametes of deceased servicemembers, on the Department’s plan to ensure the read-
of title 10, United States Code, to provide including ownership and custody issues. iness and the retention of Active-Duty
consistency in accounting for medical reim- Pilot program on oral rehydration solutions women servicemembers by providing health
bursements received by the Department of
The House bill contained a provision (sec. care services that may include barriers to
Defense for inpatient and outpatient medical
735) that would authorize the Secretary of contraception, family planning, gyneco-
or dental care provided to beneficiaries of
Defense to carry out a pilot program to fur- logical, and any other primary health care
another Federal agency and for reimburse-
nish medically approved oral rehydration so- services required by such servicemembers
ments from third-party insurance compa-
lutions to servicemembers. during deployments. The briefing shall also
nies.
The Senate amendment contained no simi- include a description of the Department’s ef-
The House bill contained no similar provi-
lar provision. forts to sustain and improve women
sion. The agreement does not include this provi-
The agreement does not include this provi- servicemembers’ emergency and primary
sion. health care services in remote deployed loca-
sion. We understand the importance that proper tions.
Grant program for increased cooperation on hydration has on force health readiness. The
GAO study on exclusion of certain remarried in-
post-traumatic stress disorder research be- National Academies of Sciences, Engineer-
dividuals from medical and dental coverage
tween United States and Israel ing, and Medicine has determined that the
under TRICARE program
The House bill contained a provision (sec. daily fluid intake for men should be 3.7 liters
per day, and women should ingest 2.7 liters. The House bill contained a provision (sec.
731) that would require the Secretary of De-
In a military training or operational envi- 743) that would require the Comptroller Gen-
fense, in coordination with the Secretary of
ronment, however, fluid intake should be eral of the United States to conduct a study
State, to award grants to eligible entities to
much higher, especially under hot, humid on the purpose and effects of limiting med-
conduct collaborative post-traumatic stress
conditions. Therefore, we encourage the De- ical and dental coverage under the TRICARE
disorder (PTSD) research between the United
partment of Defense to provide program to exclude remarried widows, wid-
States and Israel.
servicemembers with oral rehydration fluids owers, and former spouses of members or
The Senate amendment contained no simi-
when deemed appropriate and necessary to former members of the uniformed services.
lar provision.
ensure the health of the force. The Senate amendment contained no simi-
The amendment does not include this pro-
lar provision.
vision. Authorization of pilot program to survey access
The agreement does not include this provi-
The Committees on Armed Services of the to mental health care under military health
sion.
Senate and the House of Representatives re- system
ceived a briefing in March 2021, from the De- Briefing on anomalous health incidents involv-
The House bill contained a provision (sec.
partment of Defense (DOD) highlighting the ing members of the Armed Forces
736) that would authorize the Secretary of
extensive military medical research collabo- Defense to conduct a pilot program to survey The House bill contained a provision (sec.
ration between Israel and the United States. access to mental health care in the military 746) that would require the Secretary of De-
We note this long-standing, strong relation- health system. The authority to carry out fense to provide a briefing on anomalous
ship is exemplified by the Shoresh Meeting, the pilot program would terminate on Sep- health incidents, provide recommendations
dlhill on DSK120RN23PROD with HOUSE
a biennial research conference led by the tember 1, 2023. for improving data collection, and identify a
U.S. Army and the Israel Defense Force The Senate amendment contained no simi- senior official responsible for internal De-
(IDF) held since 1978. This meeting includes lar provision. partment of Defense coordination on this
research discussion and collaboration in the The agreement does not include this provi- issue and for interfacing with the inter-
areas of infectious diseases, PTSD and be- sion. agency.
havioral health sciences, combat casualty We remain concerned about the avail- The Senate amendment contained a simi-
care, forensic pathology/identification of vic- ability and access to mental health care lar provision (sec. 1053).
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H7302 CONGRESSIONAL RECORD — HOUSE December 7, 2021
The agreement does not include these pro- termine the effects that the COVID–19 vac- fense, and the Secretary of the Department
visions. cine mandate issued by the Secretary of De- of Homeland Security when the Coast Guard
We note that this issue is addressed else- fense on August 24, 2021, had on recruitment is not operating as a service in the Navy, to
where in this agreement and emphasize the to and reenlistment in the Armed Forces. submit a report to the Congress on the rate
importance of regular engagements with the The Senate amendment contained no simi- of maternal mortality among
Committees on Armed Services of the Senate lar provision. servicemembers and their dependents.
and the House of Representatives regarding The agreement does not include this provi- The Senate amendment contained no simi-
the threat posed by anomalous health inci- sion. lar provision.
dents and efforts to ensure prompt medical We encourage the Department of Defense The agreement does not include this provi-
care for those affected by such incidents. to consider an analysis of existing data re- sion.
lated to the effect of COVID–19 on recruit- In a December 2019 briefing to the Commit-
Sense of Congress on National Warrior Call Day
ment and retention efforts in the Armed tees on Armed Services of the Senate and the
The House bill contained a provision (sec. Forces.
747) that would support the designation of a House of Representatives, the Department of
Funding for pancreatic cancer research Defense reported that the pregnancy-related
‘‘National Warrior Call Day’’ and to encour-
age all Americans to make connections with The House bill contained a provision (sec. mortality ratio in the military health sys-
those veterans and first responders who may 751) that would increase funding for pan- tem (MHS) is consistently below the ratio
be disconnected from family, friends, and creatic cancer research. for the United States. For the period of 2011
The Senate amendment contained no simi- through 2015, the Centers for Disease Control
support systems in an effort to support them
lar provision. and Prevention reported a national overall
and reduce the epidemic of veteran suicide.
The agreement does not include this provi- pregnancy-related mortality ratio of 17.2
The Senate amendment contained no simi-
sion. pregnancy-related deaths per 100,000 live
lar provision. The authorization of specific amounts can
The agreement does not include this provi- births. During that same period, the MHS re-
be found in the funding tables. ported 7.4 pregnancy-related deaths per
sion.
We express our utmost gratitude and pro- Report on discrepancies between TRICARE pro- 100,000 live births.
found respect to our nation’s veterans and gram and CHAMPVA program in certain
Sense of Congress on designation of Military
first responders. We encourage all Americans coverage standards
Heart Health Awareness Day
to build connections with warriors in an ef- The House bill contained a provision (sec.
752) that would require the Secretary of De- The House bill contained a provision (sec.
fort to build a sense of community for those
fense, within 180 days after the date of the 757) that would express the sense of Congress
veterans and first responders who may be
enactment of this Act, to submit a report to that there should be designated a ‘‘Military
disconnected from family, friends, and sup-
the Congress that details any discrepancies Heart Health Awareness Day.’’
port systems, and to contribute to the effort
in coverage standards for nursing home care The Senate amendment contained no simi-
to end the epidemic of veteran suicide.
and in-home care between the TRICARE pro- lar provision.
Mandatory training on health effects of The agreement does not include this provi-
perfluoroalkyl or polyfluoroalkyl substances gram and the CHAMPVA program of the De-
partment of Veterans Affairs. sion.
The House bill contained a provision (sec. The Senate amendment contained no simi- Pilot program to improve military readiness
748) that would require the Secretary of De- lar provision. through nutrition and wellness initiatives
fense to provide mandatory training on the The agreement does not include this provi-
potential health effects of perfluoroalkyl or The House bill contained a provision (sec.
sion.
polyfluoroalkyl substances to each medical We note there are notable differences be- 758) that would require the Secretary of De-
provider of the Department of Defense. tween the benefits covered under the Civil- fense, in consultation with the Secretaries of
The Senate amendment contained no simi- ian Health and Medical Program of the De- the military departments, to carry out a
lar provision. partment of Veterans Affairs (CHAMPVA) pilot program to improve military readiness
The agreement does not include this provi- and TRICARE. This is particularly true as it through nutrition and wellness initiatives at
sion. relates to home health and skilled nursing a basic training or early instructional facil-
Pilot program on sleep apnea among new re- services. ity of a military department.
cruits The Senate amendment contained no simi-
Funding for rapid screening under Development
lar provision.
The House bill contained a provision (sec. of Medical Countermeasures Against Novel
The agreement does not include this provi-
749) that would require the Secretary of De- Entities program
sion.
fense, acting through the Defense Health The House bill contained a provision (sec.
Agency, to carry out a pilot program to de- 753) that would provide an increase in fund- Mandatory training on treatment of eating dis-
termine the prevalence of sleep apnea among ing for the development of rapid screening of orders
servicemembers assigned to initial training. all compounds approved by the Food and The House bill contained a provision (sec.
The Senate amendment contained no simi- Drug Administration and other human-safe 759) that would require the Secretary of De-
lar provision. compound libraries to identify optimal drug fense to provide mandatory training on the
The agreement does not include this provi- candidates for repurposing as medical coun- treatment of eating disorders to each med-
sion. termeasures for COVID–19 or other novel and ical professional in the military health sys-
We received a briefing from the Depart- emerging biological threats. tem.
ment of Defense (DOD) on sleep apnea waiv- The Senate amendment contained no simi- The Senate amendment contained no simi-
ers for military accessions in response to a lar provision. lar provision.
report requirement in the William M. (Mac) The agreement does not include this provi- The agreement does not include this provi-
Thornberry National Defense Authorization sion. sion.
Act for Fiscal Year 2021 (Public Law 116–283). Increased collaboration with NIH to combat tri- Priority for domestically sourced bovine heparin
Over a 5-year period (2014–2018), the DOD re- ple negative breast cancer
viewed the records of more than a million re- The House bill contained a provision (sec.
The House bill contained an amendment
cruit applicants, and only 48 individuals were 760) that would require the Secretary of De-
(sec. 754) that would require the Department
disqualified from service for a sleep-related fense to prioritize domestically sourced bo-
of Defense to increase collaboration with the
breathing disorder during that period. More- vine heparin approved by the Food and Drug
National Institutes of Health to combat tri-
over, 21 of these 48 individuals requested a Administration when available.
ple negative breast cancer.
medical accession waiver, with 9 applicants’ The Senate amendment contained no simi- The Senate amendment contained no simi-
waivers approved, and each of them were lar provision. lar provision.
accessed into a military service. We note The agreement does not include this provi- The agreement does not include this provi-
that a sleep apnea study would likely not be sion. sion.
conducive to the recruit training environ- Funding for post-traumatic stress disorder Access to menstrual hygiene products and ac-
ment as it would require specialized equip- The House bill contained a provision (sec. commodations
ment in an environment that may disrupt re- 755) that would increase funding for post- The House bill contained a provision (sec.
cruit training protocols. Additionally, we traumatic stress disorder. 761) that would require the Secretary of De-
note that a potential sleep apnea study may The Senate amendment contained no simi- fense to submit a report to the Congress,
be better focused on an older cohort of lar provision. within 180 days of the date of the enactment
servicemembers who are more likely at The agreement does not include this provi- of this Act, on the availability of menstrual
greater risk for sleep apnea or other sleep-re- sion.
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hygiene products on military bases and ac-
lated breathing disorders. The authorization of specific amounts can commodations related to menstrual hygiene
Survey on effects of COVID–19 mandate on mat- be found in the funding tables. available to servicemembers.
ters relating to recruitment and reenlistment Report on rate of maternal mortality among The Senate amendment contained no simi-
The House bill contained a provision (sec. members of the Armed Forces lar provision.
750) that would require the Secretary of De- The House bill contained a provision (sec. The agreement does not include this provi-
fense to conduct an anonymous survey to de- 756) that would require the Secretary of De- sion.
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7303
TITLE VIII—ACQUISITION POLICY, ACQUISITION Authority to acquire innovative commercial Code, regarding preferences for commercial
MANAGEMENT, AND RELATED MATTERS products and commercial services using gen- products and services.
Subtitle A—Acquisition Policy and eral solicitation competitive procedures (sec. The House bill contained no similar provi-
Management 803) sion.
The agreement includes the Senate provi-
Acquisition workforce educational partnerships The Senate amendment contained a provi-
sion with an amendment that would modify
(sec. 801) sion (sec. 816) that would permanently au-
elements of the assessment.
The House bill contained a provision (sec. thorize the Department of Defense to use
what are commonly known as commercial Briefing on transparency for certain domestic
801) that would direct the President of the
solutions openings to solicit and acquire in- procurement waivers (sec. 808)
Defense Acquisition University (DAU) to cre-
ate a program and designate a program man- novative commercial items, technologies, or The House bill contained a provision (sec.
ager to partner with outside entities to aug- services. 806) that would amend section 4814 of title 10,
ment the DAU curriculum with experiential The House bill contained no similar provi- United States Code, to require the Secretary
learning opportunities and ensure the entire sion. of Defense to establish and maintain a pub-
The agreement includes the Senate provi- licly available website for the purpose of
acquisition workforce receives training re-
sion with an amendment that would expand publishing information related to the type
lated to critical operational challenges. The
the authority to all of the military depart- and reasoning for each waiver or exception
section would further establish a formal
ments and clarify the data collection re- granted to the Buy American Act (41 U.S.C.
partnership with outside faculty and require
quirements that will help justify the contin- 8301 et seq.) sourcing requirements.
an annual report on legislative proposals and The Senate amendment contained no simi-
recommendations related to emerging acqui- ued granting and use of the authority.
lar provision.
sition policy issues. Modifications to contracts subject to cost or The agreement includes the House provi-
The Senate amendment contained no simi- pricing data certification (sec. 804) sion with an amendment that would require
lar provision. The House bill contained a provision (sec. the Secretary of Defense to submit a briefing
The agreement includes the House provi- on the extent to which domestic procure-
812) that would modify section 2306a of title
sion with an amendment that would modify ment waiver information related to Depart-
10, United States Code, to make conforming
the program and its implementation and re- ment of Defense programs is publicly avail-
changes consistent with section 814 of the
move the curriculum adjustments, establish- able. We note that there are efforts under-
William M. (Mac) Thornberry National De-
ment of a Program Director of Strategic way to make such waivers available on a
fense Authorization Act for Fiscal Year 2021
Partnerships, and the requirement for fac- public website for all executive branch agen-
(Public Law 116–283).
ulty reports. cies. Specifically, Executive Order 14005,
We encourage the President of the DAU to The Senate amendment contained a simi-
lar provision (sec. 815). ‘‘Ensuring the Future Is Made in All of
take advantage of this program to engage
The agreement includes the House provi- America by All of America’s Workers,’’ re-
with experts to ensure the DAU curriculum
sion. leased on January 25, 2021, requires the Gen-
aligns with educational best practices. We
Two-year extension of Selected Acquisition Re- eral Services Administration to develop a
recognize that critical thinking skills are es-
port requirement (sec. 805) public website to which the status of agen-
sential in addressing challenges that arise
cies’ proposed waivers to Made in America
across a range of acquisition workforce The House bill contained a provision (sec.
laws, to include the Department of Defense,
tasks, including: procurement decision-mak- 815) that would restore the requirement for a
will be posted. We understand this website is
ing, such as data rights negotiations; man- report at the end of each fiscal-year quarter
planned to be operational in fiscal year 2022
aging limited resources due to budget short- on current major defense acquisition pro-
and expect the Secretary of Defense to pro-
falls; mitigating the effects of extreme grams and any program to exceed $300.0 mil-
vide appropriate information.
weather events throughout the full life cycle lion.
of a project; partnering with contractors to The Senate amendment contained a simi- Report on violations of certain domestic pref-
attract new companies and ensure supply lar provision (sec. 854) that would make a erence laws (sec. 809)
chain resilience; and enabling rapid and effi- similar extension and also require a dem- The House bill contained a provision (sec.
cient procurement of technologies to respond onstration of the replacement reporting sys- 807) that would require a contracting officer
to technological changes. tem that includes the Department of De- to refer to the appropriate suspension or de-
We direct the President of the DAU to sub- fense’s plan for implementing such a system. barment official any current or former De-
mit a plan for implementing the program es- The agreement includes the Senate provi- partment of Defense contractor if the con-
tablished under subsection (a) to the con- sion with an amendment that would clarify tracting officer believes the contractor has
gressional defense committees not later than reporting responsibilities and the content of egregiously violated the domestic preference
1 year after the date of the enactment of this required reports. requirements of section 2533a of title 10,
Act. The plan shall include a description of United States Code, also known as the Berry
Annual report on highest and lowest performing
the following elements: (1) Support that will Amendment, or section 2533b of title 10,
acquisition programs of the Department of
be provided for the program by other ele- United States Code. The section would in-
Defense (sec. 806)
ments of the Department of Defense to fa- clude a safe harbor exception where a con-
cilitate the engagement of private sector ex- The Senate amendment contained a provi- tractor reasonably acted in good-faith reli-
perts; (2) Plans and schedule for the imple- sion (sec. 805) that would require the Sec- ance on a written waiver from an authorized
mentation of the program, including future retary of Defense to identify the highest and individual, or on a representation by a third
funding and administrative support of the lowest performing acquisition programs with party about the origin of goods, articles, ma-
program and modifications to curriculum to significant expenditures within the Depart- terials, or supplies.
achieve the goals of this section; (3) A strat- ment of Defense, according to criteria devel- The Senate amendment contained no simi-
egy to develop partnerships with outside or- oped by the Department. The provision lar provision.
ganizations as required by this section and would also direct the decision authority for The agreement includes the House provi-
integrate with the other programs and ini- the lowest performing programs to provide a sion with an amendment that would direct
tiatives within the Department relating to report that outlines the factors behind the the Secretary of Defense to provide a report
innovation and outreach to the academic and program’s performance and steps being on violations of certain domestic preference
the private sector; (4) Performance indica- taken to improve program performance. laws to the congressional defense commit-
tors by which the program will be assessed The House bill contained no similar provi- tees, not later than February 1, 2023, and an-
and evaluated; and (5) Additional authorities sion. nually thereafter through 2025.
the President of the DAU may require to The agreement includes the Senate provi- Subtitle B—Amendments to General Con-
carry out the responsibilities under this sec- sion with an amendment that would require tracting Authorities, Procedures, and Lim-
tion. reporting by the Component Acquisition Ex- itations
ecutives of each Department of Defense com- Certain multiyear contracts for acquisition of
Prohibition on acquisition of personal protective
ponent and limit the reporting requirement property: budget justification materials (sec.
equipment from non-allied foreign nations
to 3 years. 811)
(sec. 802)
The House bill contained a provision (sec. Assessment of impediments and incentives to im- The Senate amendment contained a provi-
803) that would prohibit the Secretary of De- proving the acquisition of commercial prod- sion (sec. 820) that would require the Sec-
fense from procuring personal protective ucts and commercial services (sec. 807) retary of Defense to certify, as part of an ex-
equipment manufactured in China, Russia, The Senate amendment contained a provi- isting certification required under section
North Korea, or Iran with certain excep- sion (sec. 803) that would require the Under 2306b of title 10, United States Code, that the
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tions. Secretary of Defense for Acquisition and Department of Defense will not reduce the
The Senate amendment contained a simi- Sustainment and the Chairman of the Joint quantity of end items that would be procured
lar provision (sec. 832). Requirements Oversight Council to jointly with a multiyear contract in each fiscal year
The agreement includes the Senate provi- assess impediments and incentives to ful- of the future years defense program planned
sion with an amendment that would clarify filling the goals of sections 1906, 1907, and at the time of contract award without prior
the items that would be considered personal 3307 of title 41, United States Code, and sec- approval from the congressional defense
protective equipment. tions 2375–2377 of title 10, United States committees.
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H7304 CONGRESSIONAL RECORD — HOUSE December 7, 2021
The House bill contained no similar provi- We direct the Secretary of Defense to sub- Modification of prize authority for advanced
sion. mit to the congressional defense committees technology achievements (sec. 822)
The agreement includes the Senate provi- a plan to implement this provision not later The Senate amendment contained a provi-
sion with an amendment that would require than June 1, 2022. This plan should, at a min- sion (sec. 814) that would clarify that the
the Secretary of Defense to include a de- imum: (1) Assign responsibilities to specific technology prize authority under section
tailed proposal with the President’s budget offices, including the Office of the Under 2374a of title 10, United States Code, can be
request materials if the Department is pro- Secretary of Defense (Comptroller), Office of used for the awarding of procurement agree-
posing to cancel or not fulfill certain Gov- the Under Secretary of Defense for Acquisi- ments.
ernment obligations under a multiyear pro- tion and Sustainment, Office of the Under The House bill contained no similar provi-
curement contract. Secretary of Defense for Personnel and Read- sion.
Extension of demonstration project relating to iness, and Office of Cost Assessment and Pro- The agreement includes the Senate provi-
certain acquisition personnel management gram Evaluation; (2) Identify what changes, sion with an amendment that would add a
policies and procedures (sec. 812) if any, are needed to military department congressional notification requirement prior
The House bill contained a provision (sec. and Defense Agency programming guidance; to the initiation of any prize competition
811) that would extend the Department of and (3) Establish milestones to track that may result in the award of a prize with
Defense Civilian Acquisition Workforce Per- progress to ensure that projected spending a value of over $10.0 million.
sonnel Demonstration Project by 2 years, to on services is integrated into and clearly Pilot program on systems engineering deter-
2025. identified in the Department of Defense’s fu- minations (sec. 823)
The Senate amendment contained no simi- ture years defense program.
We also direct the Comptroller General of The Senate amendment contained a provi-
lar provision.
The agreement includes the House provi- the United States to review the Depart- sion (sec. 806) that would require systems en-
sion with an amendment that would extend ment’s Services Requirements Review Board gineering determinations for transactions
the project by 3 years, to 2026. process. The Comptroller General shall pro- entered into under certain legal authorities.
vide a briefing to the congressional defense The House bill contained no similar provi-
Office of Corrosion Policy and Oversight em- sion.
ployee training requirements (sec. 813) committees not later than July 1, 2022, and a
The agreement includes the Senate provi-
The House bill contained a provision (sec. report at a mutually agreed upon date.
We further direct the Secretary to estab- sion with an amendment that would estab-
813) that would require the Director of the lish a pilot program requiring engineering
Office of Corrosion Policy and Oversight to lish and issue standard guidelines for the
evaluation of service contract requirements. determinations for certain projects entered
ensure that contractors preventing and miti- into under certain legal authorities by se-
gating corrosion of Department of Defense We direct that the Secretary base these
guidelines on current DOD instructions or lected Defense Agencies, and require con-
equipment and infrastructure make use of gressional notification of activities under
qualified training programs for hiring and appropriate policy, including DOD Instruc-
tion 5000.74 ‘‘Defense Acquisition of Serv- the pilot.
that the Department do the same for train- We direct each component acquisition ex-
ing or professional development of military ices’’ and the May 2018 Handbook of Contract
ecutive to submit to the congressional de-
personnel and civilian employees. Function Checklists for Services Acquisi-
fense committees a report, not later than
The Senate amendment contained no simi- tion. We note that the checklist is modeled
September 1, 2022, that provides: (1) A de-
lar provision. on the Department of the Army’s Request
scription of current policies and practices re-
The agreement includes the House provi- for Service Contract Approval form.
We finally direct the Secretary to ensure lating to technology transition; (2) The ex-
sion with a technical amendment. tent to which systems engineering com-
Modified condition for prompt contract payment that the acquisition decision authority for
each service’s contract shall be responsible mands are used to assist with technology
eligibility (sec. 814) transition; (3) Examples of recent transition
for certifying compliance with all appro-
The Senate amendment contained a provi- successes and failures (including in classified
priate guidelines and statutory require-
sion (sec. 812) that would modify the condi- programs); and (4) Recommendations for im-
ments.
tions set forth in section 2307 of title 10, provements to current technology transition
United States Code, under which certain Limitation on procurement of welded shipboard efforts, including recommendations on new
prime contractors are eligible for acceler- anchor and mooring chain for naval vessels policies and legal authorities.
ated payment timeframes. (sec. 816) We also direct each component acquisition
The House bill contained no similar provi- The House bill contained a provision (sec. executive to submit to the congressional de-
sion. 816) that would amend section 2534 of title 10, fense committees a report, not later than
The agreement includes the Senate provi- United States Code, to require that all weld- December 1, 2022, that provides: (1) Views on
sion. ed shipboard anchor and mooring chain be the systems engineering determinations
Modification to procurement of services: data manufactured in the national technology process established by this section; (2) In-
analysis and requirements validation (sec. and industrial base. volvement with such process to date; (3) Rec-
815) The Senate amendment contained no simi- ommendations for improving such process;
The House bill contained a provision (sec. lar provision. and (4) Identification of which entities in the
814) that would amend section 2329 of title 10, The agreement includes the House provi- component should serve as service systems
United States Code, to include standard sion. engineering commands and for which key
guidelines based on the checklist in use by Repeal of preference for fixed-price contracts systems, subsystems, components, and capa-
the Department of the Army and to require (sec. 817) bility areas.
the senior official supervising requirements The House bill contained a provision (sec. Recommendations on the use of other trans-
to certify that task orders and statements of 818) that would repeal the preference for action authority (sec. 824)
work comply with such standards. fixed-price contracts, previously established The Senate amendment contained a provi-
The Senate amendment contained a simi- by section 829 of the National Defense Au- sion (sec. 811) that would require the Sec-
lar provision (sec. 802) that would amend thorization Act for Fiscal Year 2017 (Public retary of Defense to review the current use
statutes governing the management and Law 114–328), and make a conforming amend- of and authorities, regulations, and policies
oversight of the procurement of services and ment to United States Code. pertaining to other transaction authorities
would require the Secretary of Defense, Sec- The Senate amendment contained a simi- and make recommendations to the Congress
retary of the Navy, and Secretary of the Air lar provision (sec. 801). on possible modifications to the authorities.
Force to review and implement recommenda- The agreement includes the House provi- The House bill contained no similar provi-
tions of the Government Accountability Of- sion. sion.
fice, with respect to the oversight and man-
Subtitle C—Provisions Relating to Other The agreement includes the Senate provi-
agement of service contracts, or provide
Transaction Authority sion.
their rationale to the congressional defense
committees for not implementing such rec- Modification of other transaction authority for Reporting requirement for certain defense acqui-
ommendations. research projects (sec. 821) sition activities (sec. 825)
The agreement includes the House provi- The Senate amendment contained a provi- The House bill contained a provision (sec.
sion with an amendment that would extend sion (sec. 213) that would remove the require- 820) that would require the Department of
the effective date of the section to February ment for regulatory implementation of Defense to provide recommendations to
1, 2023; amend the budget information re- Other Transaction Authority for research make other transaction authority data more
quired; direct the Secretary of Defense to up- projects under section 2371 of title 10, United accessible and improve the reporting struc-
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date guidelines for the evaluation of require- States Code, and replace it with the more ture.
ments for service contracts under certain flexible option of Department of Defense The Senate amendment contained a simi-
situations; require certification of compli- guidance. lar provision (sec. 817) that would require the
ance with guidelines and statute by the ac- The House bill contained no similar provi- Department of Defense to establish proce-
quisition decision authority; allow for an- sion. dures for identifying individual projects
nual Inspector General audits; and make The agreement includes the Senate provi- awarded using other transaction agreements
other clarifying edits. sion. and individual task orders under task order
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7305
contracts. The provision would also require value of each grant, contract, or other agree- in the assessment of risks to the supply
the Department to make certain information ment; a description of the technology funded chains by business sector, vendor, program,
about these awards publicly available. with such grant, contract, or other agree- part, service, or technology. The assessment
The agreement includes the Senate provi- ment; and the estimate of future costs for should also identify the organizations re-
sion with an amendment that would clarify the successful transition of such technology sponsible for implementation of and overall
the reporting procedures for certain agree- to implementation within the Department of operation of the system and for data collec-
ments. Defense; tion, management, and analyses; a schedule
Subtitle D—Provisions Relating to Software (2) A description of the capabilities tested and milestones for procurement and deploy-
and Technology under the program as of the date of the re- ment of technologies; resources required for
port and the proposed path to implement procurement and deployment of tech-
Technology protection features activities (sec.
such capabilities within the Department; nologies, including personnel and funding;
831) (3) The data and analysis required by the implementation risks for procurement and
The Senate amendment contained a provi- provision; and deployment of technologies and plans to
sion (sec. 851) that would amend section 2357 (4) A list and detailed description of les- mitigate risks to the defense industrial base;
of title 10, United States Code, to allow the sons learned from the pilot as of the date of and identification of any required updates to
contractor’s share of costs for the tech- the report. policy, guidance, or legislation to support ef-
nology protection features activities for cer- Independent study on technical debt in soft- ficient and effective execution of activities
tain designated systems to be treated as al- ware-intensive systems (sec. 835) under this section.
lowable independent research and develop- We note the potential for advanced and
ment. The Senate amendment contained a provi-
sion (sec. 852) that would require the Sec- commercial data analytics systems and tech-
The House bill contained no similar provi- nologies to provide new capabilities to assess
sion. retary of Defense to enter into an agreement
with a federally funded research and develop- and analyze defense supply chains. For ex-
The agreement includes the Senate provi- ample, advances in decision science, com-
sion. ment center to perform a study on defense
software-intensive systems that can identify mercial data analytics systems, and machine
Modification of enhanced transfer of technology and assess technical debt and make rec- learning techniques may be applied to such
developed at Department of Defense labora- ommendations on best practices for the De- an effort. We recommend that the Secretary
tories (sec. 832) partment of Defense to employ to manage of Defense consider the development of a
The House bill contained a provision (sec. technical debt. database to integrate the current disparate
821) that would modify enhanced transfer of The House bill contained no similar provi- data systems that contain defense supply
technology developed at Department of De- sion. chain information, and to help provide for
fense laboratories. The agreement includes the Senate provi- consistent availability, interoperability, and
The Senate amendment contained a simi- sion with an amendment that would modify centralized reporting of data to support effi-
lar provision (sec. 5801). the elements of the required study. cient mitigation and remediation of identi-
The agreement includes the House provi- We expect that this study will both inform fied supply chain vulnerabilities. We note
sion. future guidance for programs on the current that the Secretary should ensure that the
‘‘software acquisition pathway’’ as well as systems are scalable so as to support mul-
Pilot program on acquisition practices for
for all programs to support adoption of mod- tiple users, include robust cybersecurity ca-
emerging technologies (sec. 833)
ern, iterative software approaches. pabilities, and are optimized for informa-
The Senate amendment contained a provi- tion-sharing and collaboration.
sion (sec. 804) that would establish a pilot Cadre of software development and acquisition We support Department efforts to develop
program to develop and implement unique experts (sec. 836) the implementation plan and report on im-
contracting mechanisms for emerging tech- The House bill contained a provision (sec. plementation of the framework as required
nologies that seek to increase the speed, 854) that would require the Department of by section 845 of the National Defense Au-
flexibility, and competition of the Depart- Defense to create a software development thorization Act for Fiscal Year 2020 (Public
ment of Defense acquisition process. and acquisition cadre. The cadre would assist Law 116–92). We continue to await receipt of
The House bill contained no similar provi- the Department with developing and acquir- the plan and report, which were due March
sion. ing software by providing expert advice, as- 20, 2020, and March 20, 2021, respectively. We
The agreement includes the Senate provi- sistance, and resources. direct the Secretary of Defense to provide a
sion with an amendment that would update The Senate amendment contained no simi- briefing, not later than June 1, 2022, to the
the pilot program advisory group, require lar provision. congressional defense committees with an
that pilot program activities include identi- The agreement includes the House provi- update on the framework implementation as
fying whether existing authorities are suffi- sion with an amendment that would clarify required by section 2509 of title 10, United
cient to carry out the pilot program, and ter- the use of civilian personnel in the cadre, States Code, and the assessment identified in
minate the pilot program within 5 years. emphasize the importance of developing subsection (e)(B)(ii) of this section.
Pilot program to accelerate the procurement and military servicemembers for agile software We further direct the Comptroller General
fielding of innovative technologies (sec. 834) development roles, and strike a subsection of the United States to submit to the con-
redundant with existing law. gressional defense committees the two re-
The House bill contained a provision (sec.
5207) that would direct the Secretary of De- Subtitle E—Provisions Relating to Supply maining periodic assessments of the Depart-
fense to establish and carry out a 5-year Chain Security ment’s progress in implementing the frame-
pilot program to be known as the Modernization of acquisition processes to ensure work required under subsection (c) of this
‘‘Warfighter Innovation Transition Project’’ integrity of industrial base (sec. 841) section, to be provided not later than March
to provide grants to, or enter into contracts 15, 2022, and March 15, 2024, as originally re-
The House bill contained a provision (sec.
or other agreements with, innovative tech- quired.
832) that would require the Department of
nology producers to transition their tech- Defense to develop a supply chain risk as- Modification to analyses of certain activities for
nologies from pilot programs, prototype sessment framework leveraging of supply action to address sourcing and industrial
projects, or other research and development chain illumination tools. capacity (sec. 842)
programs into production for implementa- The Senate amendment contained no simi- The House bill contained a provision (sec.
tion within the Department of Defense. This lar provision. 866) that would note that the Secretary of
provision would also direct the Secretary to The agreement includes the House provi- Defense should acquire domestically sourced
collect and analyze data and submit bian- sion with an amendment that would amend alternatives to existing defense products for
nual reports on the value of each grant, con- section 2509 of title 10, United States Code, the design, development, and production of
tract, or other agreement; the technology and require the Department to report on the priority Department of Defense projects.
funded; the estimated future costs of the assessment required in the section. The Senate amendment contained a simi-
technology; and any lessons learned from the We note that the assessment required lar provision (sec. 831) that would amend sec-
pilot effort. under section 2509 of title 10, United States tion 849 of the William M. (Mac) Thornberry
The Senate amendment contained no simi- Code, should address potential options for National Defense Authorization Act for Fis-
lar provision. data infrastructure, tools, and applications cal Year 2021 (Public Law 116–283) by adding
The agreement includes the House provi- in which the Department of Defense may in- U.S. producers as a category for the Depart-
sion with an amendment that would clarify vest to develop information systems and ment of Defense to consider for potential re-
the purpose, required guidance, and report- data analytics capabilities to support the re- stricted procurement and items to the list of
dlhill on DSK120RN23PROD with HOUSE
ing requirements related to the program. We duction of risks to the defense supply chain. high priority goods and services for analyses,
direct the Secretary to ensure that each bi- We expect the assessment to include the recommendations, and actions.
annual report include: extent to which technologies can provide for The agreement includes the Senate provi-
(1) An explanation of how grants, con- a map of supply chains that supports anal- sion with an amendment that would remove
tracts, or other agreements made under the ysis, monitoring, and reporting with respect U.S. producers as a category; add to the list
pilot met mission requirements during the to high-risk subcontractors and risks to such of high priority goods and services for anal-
period covered by the report, including the supply chains; and technologies could assist yses, recommendations, and actions; and
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H7306 CONGRESSIONAL RECORD — HOUSE December 7, 2021
make clarifying edits to the list and report- partment of Defense with respect to the re- trol of the Chinese Communist Party. We
ing requirements. search and development of alternative tech- condemn this genocide and these crimes
Assuring integrity of overseas fuel supplies (sec. nologies to, and methods for the extraction, against humanity in the strongest terms and
843) processing, and recycling of, critical min- call upon the President to direct the U.S.
erals are included in the appropriate re- Permanent Representative to the United Na-
The House bill contained a provision (sec.
search and development activities funded by tions to use the voice, vote, and influence of
853) that would amend section 813(c)(3) of the
the Secretary of Energy. the United States to:
National Defense Authorization Act for Fis-
The Senate amendment contained no simi- (1) Refer the People’s Republic of China’s
cal Year 2017 (Public Law 114–328) by adding
lar provision. genocide and crimes against humanity
fuel procurement and fuel-related services to
The agreement includes the House provi- against Uyghurs and members of other eth-
the list of acquisition activities that shall
sion with a technical amendment. nic and religious minority groups to the
avoid use of lowest price technically accept-
Report on the Manufacturing Engineering Edu- competent organs of the United Nations for
able (LPTA) source selection, to the max-
cation Program (sec. 846) investigation;
imum extent practicable. The provision (2) Seize the United Nations Security
would also add certification requirements for The House bill contained a provision (sec. Council of the circumstances of this geno-
overseas contingency fuel contracting. 844) that would require the Under Secretary cide and crimes against humanity and lead
The Senate amendment contained no simi- of Defense for Acquisition and Sustainment efforts to invoke multilateral sanctions in
lar provision. to establish and manage a coalition of edu- response to these ongoing atrocities; and
The agreement includes the House provi- cational institutions, labor organizations, (3) Take all possible actions to bring this
sion with an amendment that would remove and organizations of defense industrial base genocide and these crimes against humanity
the requirement to avoid LPTA source selec- contractors to encourage manufacturing ca- to an end and hold the perpetrators of these
tion for fuel procurement and fuel related reer pathway development. The provision atrocities accountable under international
service and would replace it with language would also require the Under Secretary, not law.
that mirrors Department of Defense Inspec- later than 270 days after the date of the en-
Subtitle F—Industrial Base Matters
tor General (DOD IG) recommendations by actment of this Act and in coordination with
requiring that contracting officers consider the established coalition, to provide to the Modifications to printed circuit board acquisi-
tradeoff source selection procedures for any congressional defense committees a report to tion restrictions (sec. 851)
contract for fuel procurement in an overseas include: (1) The results of any current coop- The House bill contained a provision (sec.
contingency environment. erative education programs of the Defense 843) that would amend section 2533d of title
Additionally, we direct the Secretary of laboratories; (2) An assessment of whether 10, United States Code, and section 841 of the
Defense to provide a briefing on the use of such programs could be expanded; and (3) William M. (Mac) Thornberry National De-
LPTA contract terms for fuel delivery in Whether incentive contracts are required to fense Authorization Act for Fiscal Year 2021
areas of contingency operations. The briefing encourage the development of manufac- (Public Law 116–283), which prohibited acqui-
shall, at a minimum, address the following: turing career pathways. sitions of certain printed circuit boards by
(1) Force protection risks; (2) Measures to The Senate amendment contained no simi- the Department of Defense.
ensure compliance with anti-corruption and lar provision. The Senate amendment contained a simi-
anti-bribery initiatives; and (3) Other factors The agreement includes the House provi- lar provision (sec. 836) that would require
identified by the DOD IG in its September 27, sion with an amendment that would require that certain providers of systems to the De-
2021, report titled, ‘‘Audit of Defense Logis- the Under Secretary of Defense for Acquisi- partment of Defense disclose the source of
tics Agency Award and Management of Bulk tion and Sustainment, in coordination with printed circuit boards when sourced from
Fuel Contracts in Areas of Contingency Op- the Under Secretary of Defense for Research certain countries.
erations’’ (DODIG–2021–129). The briefing and Engineering, to submit a report to the The agreement includes the House provi-
shall be provided to the Committees on congressional defense committees not later sion.
Armed Services of the Senate and the House March 1, 2023, on the Manufacturing Engi- Modification of pilot program for development
of Representatives not later than 180 days neering Education Program. of technology-enhanced capabilities with
after the date of the enactment of this Act. partnership intermediaries (sec. 852)
Plan and report on reduction of reliance on
Assessment of requirements for certain items to services, supplies, or materials from covered The House bill contained a provision (sec.
address supply chain vulnerabilities (sec. countries (sec. 847) 841) that would amend the pilot program au-
844) thorized in section 851 of the National De-
The House bill contained a provision (sec.
fense Authorization Act for Fiscal Year 2020
The House bill contained a provision (sec. 833) that would require a plan to reduce reli-
(Public Law 116–92) to raise the aggregate
835) that would require the Secretary of De- ance on certain materials obtained from
amount allowed to be spent on the pilot from
fense, not later than 1 year after the date of sources located in geographic areas con-
$2.0 million to $20.0 million to allow for other
the enactment of this Act, to put in place trolled by foreign adversaries.
entities in the Department of Defense that
measures to identify and reduce fluctuations The Senate amendment contained no simi-
make awards under the Small Business Inno-
in supply chain forecasting and demand re- lar provision.
vation Research program to transfer funding
quirements for certain domestically-sourced The agreement includes the House provi-
to the Commander, U.S. Special Operations
items. The provision would also require the sion with an amendment that would require
Command, to use in the pilot and to extend
Secretaries of the military departments and a plan to reduce reliance on services, sup-
the activity from September 30, 2021,
the Director of the Defense Logistics Agen- plies, and materials obtained from covered
through September 30, 2025. The annual re-
cy, not later than 15 months after the date of countries.
porting requirement would be modified to in-
the enactment of this Act and quarterly Prohibition on certain procurements from the clude additional data and information re-
thereafter, to provide to the Under Secretary Xinjiang Uyghur Autonomous Region (sec. quirements and extended to cover the dura-
of Defense for Acquisition and Sustainment 848) tion of the pilot program.
a report on such fluctuations. The Senate amendment contained no simi-
The House bill contained a provision (sec.
The Senate amendment contained a simi- lar provision.
836) that would prohibit the use of funds by
lar provision (sec. 835) that would require the The agreement includes the House provi-
the Department of Defense for certain pro-
Secretary of Defense to assess the Depart- sion.
curements from the Xinjiang Uyghur Auton-
ment of Defense’s requirements for dual-use
omous Region of the People’s Republic of Additional testing of commercial e-commerce
items covered by section 2533a of title 10,
China. This section would also require the portal models (sec. 853)
United States Code. The provision would also
issuance of rules for contracts with the De- The House bill contained a provision (sec.
require the Secretary to submit a report of
partment of Defense related to such prohibi- 845) that would direct the Administrator of
the Department of Defense’s findings to the
tion. General Services to begin testing other e-
congressional defense committees, not later
The Senate amendment contained no simi- commerce portal models and provide a re-
than October 1, 2022.
lar provision. port to congressional defense committees
The agreement includes the House provi-
The agreement includes the House provi- with a summary of their findings and testing
sion with an amendment that would encour-
sion with a technical and clarifying amend- results.
age predictable demand requirements for an-
ment. The Senate amendment contained no simi-
nual procurements of dual-use items and re-
We find that the ongoing abuses against lar provision.
quire quarterly briefings on the Depart-
Uyghurs and members of other ethnic and re- The agreement includes the House provi-
ment’s forecasting and demand requirements
ligious minority groups constitute genocide sion with an amendment that would direct
for covered items.
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as defined in the Genocide Convention and the Administrator of General Services to
Department of Defense research and develop- crimes against humanity as understood also provide the required report to the Com-
ment priorities (sec. 845) under customary international law and at- mittee on Homeland Security and Govern-
The House bill contained a provision (sec. tribute these atrocity crimes against mental Affairs of the Senate and the Com-
831) that would require the Secretary of De- Uyghurs and members of other ethnic and re- mittee on Oversight and Reform of the House
fense to coordinate with the Secretary of En- ligious minority groups to the People’s Re- of Representatives, change the reporting re-
ergy to ensure that the priorities of the De- public of China, under the direction and con- quirement from 90 to 180 days after the date
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7307
of the enactment of this Act, and make cer- that the Department had not yet taken ac- The Senate amendment contained no simi-
tain clarifying amendments. tion to incorporate into regulation this pro- lar provision.
Requirement for industry days and requests for hibition. We have become aware that the De- The agreement includes the House provi-
information to be open to allied defense con- fense Acquisition Regulations Council has sion with an amendment that would modify
tractors (sec. 854) recently opened a case to amend the relevant the data collection requirements for contin-
clause and urge the council to act expedi- ued use of the authority.
The Senate amendment contained a provi- We direct the Secretary of Defense to pro-
tiously to add language that requires con-
sion (sec. 834) that would make, to the max- vide a briefing to the congressional defense
tractors to represent their employees are in
imum extent practicable, industry days and committees on the plan to collect data on
compliance with section 1045, in addition to
requests for information open to defense con- the use of the authority not later than 90
the other listed post-governmental employ-
tractors from the national technology and ment restrictions in order to contract with days after the date of the enactment of this
industrial base. the Department. Act.
The House bill contained no similar provi- Additionally, we direct the Secretary of
sion. Congressional oversight of personnel and con-
tracts of private security contractors (sec. Defense to provide a briefing to the congres-
The agreement includes the Senate provi- sional defense committees on the use of the
sion. 857)
The House bill contained a provision (sec. authority, not later than 1 year after the
We support deeper, more meaningful ex- date of the enactment of this Act. We direct
pansion of the national technology and in- 874) that would require, not later than 60
days after the date of the enactment of this that such briefing include information on
dustrial base (NTIB), comprised of the the number of small business concerns and
United States, Canada, the United Kingdom, Act, the Secretary of Defense, in coordina-
tion with the Secretaries of the military de- nontraditional defense contractors that ben-
and Australia. As the Members of the House efitted from participating in the pilot pro-
of Representatives’ Defense Critical Supply partments, to provide to the congressional
defense committees a report on the efforts gram; the estimated number of small busi-
Chain Task Force observed, the Department ness concerns that would not have con-
of Defense should leverage the NTIB to shape and plans of the Department of Defense to
implement the recommendations contained tracted with the Department of Defense but
policy and partnerships with allies. The for the implementation of the pilot program;
value of such broad collaboration with the in the report of the Government Account-
ability Office (GAO), published July 29, 2021, and a description of specific research and
NTIB allies goes beyond acquisition; the net- other acquisition activities and projects un-
work can be a test bed for closer inter- titled, ‘‘Private Security Contractors: DOD
Needs to Better Identify and Monitor Per- dertaken by the Department through the
national cooperation and supply chain resil- pilot program that otherwise would have re-
iency. NTIB countries and other close allies sonnel and Contracts’’ (GAO–21–255).
The Senate amendment contained no simi- quired more time or expenditures.
and partners face challenges with over-reli-
lar provision. Protests and appeals relating to eligibility of
ance on Chinese and Russian suppliers. Effec- The agreement includes the House provi- business concerns (sec. 863)
tive policy to reduce the associated supply sion with an amendment that would make
chain vulnerabilities requires meaningful, The House bill contained a provision (sec.
technical changes. 876) that would require the timely update of
sustained dialogue and collaboration. Ac- We expect the report will include a sum-
cordingly, we encourage the Department’s the status of a small business concern after
mary of actions to be taken on each of the a final determination on such status is made
leaders to prioritize supply chain security Comptroller General’s recommendations
policy during these expanded industry day and would require the business concern to, in
with a schedule for completion, including good faith, notify contracting officers of any
forums. specific milestones. We direct that the re- change in status that would impact the eligi-
Employment transparency regarding individuals port also include: (1) A comprehensive list of bility of the concern to perform a contract.
who perform work in the People’s Republic the specific contracted activities and serv- The Senate amendment contained no simi-
of China (sec. 855) ices designated by the Department as private lar provision.
The Senate amendment contained a provi- security functions; (2) A list of the private The agreement includes the House provi-
sion (sec. 837) that would require the Sec- security contracts in place during fiscal year sion.
retary of Defense to require defense contrac- 2021; (3) The Department’s plans to ensure Authority for the Office of Hearings and Ap-
tors to disclose their use of workforce and fa- that information pertaining to private secu- peals to decide appeals relating to qualified
cilities in the People’s Republic of China in rity contracts and personnel can be uniquely HUBZone small business concerns (sec. 864)
the performance of certain defense con- identified in the databases of the Depart-
The House bill contained a provision (sec.
tracts. ment used to record information on con-
871) that would require the Administrator of
The House bill contained no similar provi- tracts and contractor personnel; and (4) A
the Small Business Administration to issue a
sion. summary of the Department’s data on pri-
rule, not later than 1 year after the date of
The agreement includes the Senate provi- vate security contracts, as of the end of fis-
the enactment of this Act, that would trans-
sion with an amendment that would require cal year 2021, including the number of con-
fer final decision-making authority regard-
the Secretary of Defense to report disclo- tracts, the number of contractors, the num-
ing HUBZone small business status to the
sures to the congressional defense commit- ber of private security personnel performing
Small Business Administration’s Office of
tees, make clarifying edits to the provision, private security functions under such con-
Hearings and Appeals.
and establish an effective date of July 1, 2022. tracts (including the number of such per- The Senate amendment contained no simi-
Briefing on compliance with contractor lobbying sonnel who are armed and the number who lar provision.
restrictions (sec. 856) are unarmed), and for all such private secu- The agreement includes the House provi-
rity personnel, job titles and primary duty sion.
The House bill contained a provision (sec. stations under such contracts, including
823) that would require the Secretary of De- Report on unfunded priorities of the Small Busi-
whether such individual is deployed inside or
fense, not later than 180 days after the date ness Innovation Research and Small Busi-
outside of the continental United States.
of the enactment of this Act, to promulgate ness Technology Transfer program (sec. 865)
regulations requiring Department of Defense Subtitle G—Small Business Matters
The House bill contained a provision (sec.
(DOD) contractors to include in bids and pro- Exemption of certain contracts from the periodic 842) that would direct the Secretary of De-
posals a representation that individuals re- inflation adjustments to the acquisition-re- fense and the Secretaries of the military de-
ceiving compensation from such contractor lated dollar threshold (sec. 861) partments to each carry out a pilot program
comply with Department post-employment The House bill contained a provision (sec. to more effectively transition Small Busi-
lobbying restrictions. 877) that would exempt certain thresholds ness Innovation Research (SBIR) programs
The Senate amendment contained no simi- from periodic adjustments for inflation. and Small Business Technology Transfer
lar provision. The Senate amendment contained no simi- (STTR) programs into Phase III. This provi-
The agreement includes the House provi- lar provision. sion would direct the Secretaries to each
sion with technical amendments. The agreement includes the House provi-
designate five completed Phase II programs
We note that section 1045 of the National sion.
to include in the next future years defense
Defense Authorization Act for Fiscal Year Modification to the pilot program for stream- program as Entrepreneurial Innovation
2018 (Public Law 115–91) prohibits certain lining awards for innovative technology Projects, and to consider them as part of the
former senior DOD officials from engaging in projects (sec. 862) Department of Defense’s planning, program-
lobbying activities with respect to the De- The House bill contained a provision (sec. ming, budgeting, and execution process. The
partment of Defense for up to 2 years after 819) that would temporarily extend a pilot Secretary of Defense would be responsible
retirement or separation from service with program to streamline awards for innovative for submitting a report annually to the con-
dlhill on DSK120RN23PROD with HOUSE
the Department. The Government Account- technology projects. The provision would gressional defense committees on the pro-
ability Office (GAO) noted, in a report pub- also require the Secretary of Defense to pro- grams selected for the duration of the 5-year
lished September 9, 2021, titled ‘‘Post-Gov- vide to the congressional defense committees pilot.
ernment Employment Restrictions: DOD a recommendation regarding the extension The Senate amendment contained a simi-
Could Further Enhance Its Compliance Ef- of such program and, if the Secretary rec- lar provision (sec. 5803).
forts Related to Former Employees Working ommends extension, a report on the perform- The agreement includes the House provi-
for Defense Contractors’’ (GAO–21–104311), ance of the program. sion with an amendment that would direct
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H7308 CONGRESSIONAL RECORD — HOUSE December 7, 2021
the Secretary of Defense to provide an un- operation and maintenance dollars to spend ment could achieve by traditional program
funded priorities list for successful SBIR and in the field. Through SCO’s close working re- management processes. The Government
STTR projects, along with the annual budget lationship with INDOPACOM, SCO can send could appropriately mitigate that risk
request. the capability to INDOPACOM, which will through, for example, milestone payments
Report on Cybersecurity Maturity Model Certifi- use, test, and submit feedback on the capa- for achieving agreed upon performance ob-
cation effects on small business (sec. 866) bility to SCO for further iterating. Through- jectives and otherwise allowing the private
The House bill contained a provision (sec. out the pilot, SCO will gather and share, di- sector participants to manage the capability
848) that would require the Secretary of De- rectly with the Deputy Secretary of Defense development. The Government could also use
fense to, not later than 120 days after the and the congressional defense committees, existing statutory authorities for guaranteed
date of the enactment of this Act, provide a lessons learned about where the hurdles are purchases, as was accomplished in response
report to certain congressional committees and what changes in budget and/or acquisi- to the COVID–19 crisis. The Government
on the effects of implementation of the Cy- tion authorities would be needed to over- would mitigate risk by disbursing funds only
bersecurity Maturity Model Certification come them. for successful results.
We further note that the lessons learned We note that the SCO, in managing this
framework on small businesses.
from this pilot will provide valuable infor- pilot, would have to function as a ‘‘mission
The Senate amendment contained no simi-
mation for consideration by the members of manager’’ discussed and authorized else-
lar provision.
The agreement includes the House provi- the Planning, Programming, Budgeting and where in this Act to integrate any commer-
sion with an amendment that would modify Execution Commission established elsewhere cially provided mission capabilities with ex-
elements of the report. The amendment in this Act as they consider new ways of isting programs, systems, capabilities, and
would also expand the reporting require- budgeting and iterative development, test- processes necessary to implement mission
ments to include information on training for ing, and fielding to address operational chal- solutions.
small businesses on assessment compliance, lenges that fall in between the cracks of the Independent study on acquisition practices and
efforts to work with non-traditional compa- services’ program management processes. policies (sec. 873)
nies, and a plan for oversight of third-party Establishment of mission-oriented pilot pro- The House bill contained provisions (secs.
assessors. grams to close significant capabilities gaps 852 and 855) that would direct the Secretary
Data on Phase III Small Business Innovation (sec. 872) of Defense to establish a 5-year pilot pro-
Research and Small Business Technology The Senate amendment contained a provi- gram to determine the cost competitiveness
Transfer program awards (sec. 867) sion (sec. 1281) that would establish a pilot of the fully burdened cost of drop-in fuels
program to close significant capability gaps compared with the fully burdened cost of
The Senate amendment contained a provi-
in high-priority theaters by leveraging pri- traditional fuel using a commercially avail-
sion (sec. 842) that would require the Secre-
vate investment resources such as equity able scenario-based strategic sourcing tool
taries of the military departments to collect
and venture capital funding, with a focus on and to submit an annual report on the im-
data on Phase III awards under the Small
integration challenges in existing platforms pact of the pilot program. The provisions
Business Innovation Research and Small
and capabilities. would also direct the Department of Defense
Business Technology Transfer programs and
The House bill contained no similar provi- Climate Working Group to assess and de-
submit such data to the President for inclu-
sion. velop recommendations for implementing
sion in the budget submitted to the Congress
The agreement includes the Senate provi- sustainable acquisition practices and poli-
under section 1105 of title 31, United States
sion with a clarifying amendment. cies in regulations and to submit a report on
Code.
The provision directs the Strategic Capa- the assessment and recommendations.
The House bill contained no similar provi-
bilities Office (SCO) to orient the pilot pro- The Senate amendment contained no simi-
sion.
gram around broad missions or operational lar provision.
The agreement includes the Senate provi- The agreement includes the House provi-
sion with an amendment that would modify challenges, such as maintaining the ability
to conduct air operations from Guam or to sion with an amendment that would require
the required information to be provided to an independent study on certain acquisition
the Congress with the budget submission to conduct joint logistics and resupply mis-
sions, all amid rapidly worsening threats. practices and policies, remove the require-
include an identification of the secretaries’ ments for the Department of Defense Cli-
list of the five highest performing projects, However, the provision also provides the SCO
the ability to choose other similarly scoped mate Working Group, and provide technical
as determined by the Secretary. and clarifying changes.
operational challenges.
Subtitle H—Other Matters The provision directs that the pilot must In evaluating various tools to be used by
Mission management pilot program (sec. 871) be built to leverage capabilities developed the acquisition workforce, we encourage the
The House bill contained a provision (sec. with funding sourced from private invest- federally funded research and development
851) that would establish a 5-year pilot pro- ment resources, such as equity or venture center to include scenario-based strategic
gram to identify lessons learned and improve capital, and such capabilities should be used sourcing tools, which can be used to evaluate
mission outcomes by quickly developing and to integrate existing Department of Defense supply chain effects over time using auto-
delivering solutions that fulfill critical oper- platforms and capabilities. Under the pilot, mated software to model various scenarios
ational needs in cross-service, cross-domain, proof of efficacy must be demonstrated with- relating to contract management, spend
and cross-program missions. The pilot is in- in 3 years such that an operational capa- analysis, supplier management, sourcing,
tended to be a case study to show where re- bility can be delivered within 5 years. We and external market variables.
forms to the traditional planning, program- strongly believe that solving numerous high- Pilot program to incentivize contracting with
ming, budgeting and execution process are priority operational challenges in a relevant employee-owned businesses (sec. 874)
needed if the Department of Defense is to time period will require much more focus on The Senate amendment contained a provi-
adopt the best practices of agile, innovative integration of existing capabilities. sion (sec. 843) that would permit the Sec-
organizations. The provision directs the SCO to establish retary of Defense to carry out a 5-year pilot
The Senate amendment contained no simi- coordination mechanisms between stake- program that allows for the use of non-
lar provision. holders, develop metrics to assess pilot pro- competitive procedures for follow-on con-
The agreement includes the House provi- gram progress, and frequently report to the tracts to qualified businesses wholly owned
sion with a clarifying amendment. Congress to inform a planned discussion by an employee stock ownership plan
We note that this pilot is designed to take about whether to continue or expand the (ESOP). The provision would also require the
a mission-focused approach, rather than a program. Comptroller General of the United States to
traditional, program-specific approach to ad- We further note that the lessons learned submit a report to the Committees on Armed
dress the challenges combatant commanders from this pilot will provide valuable infor- Services of the Senate and the House of Rep-
face when the capability they need to exe- mation for consideration by the members of resentatives on the Department of Defense’s
cute a mission is not fulfilled by any of the the Planning, Programming, Budgeting and use of the pilot not later than 3 years after
services’ large hardware systems. Execution Commission established elsewhere the date of the enactment of this Act.
In the initial project under the pilot, the in this Act as they consider new ways of The House bill contained no similar provi-
Strategic Capabilities Office (SCO) will budgeting and iteratively developing, test- sion.
iterate with prototyping funds either to ing, and fielding capabilities to meet oper- The agreement includes the Senate provi-
tweak existing technologies to be used in ational challenges inadequately addressed by sion with an amendment that would limit
new ways across services or programs or to existing processes. the follow-on opportunity. We recognize the
prototype technology that could be useful to The pilot should be structured to accom- innovative potential in encouraging non-tra-
dlhill on DSK120RN23PROD with HOUSE
the U.S. Indo-Pacific Command modate and balance risks and rewards for ditional companies, like businesses wholly
(INDOPACOM) mission. Currently, SCO is both the Government and the private sector. owned by an ESOP, to work with the Depart-
authorized to use only development proto- The private sector investors and performers ment of Defense. While there are many com-
typing funding, while the services, with their would assume the risk of up-front invest- panies that have a level of employee owner-
train and equip mission, have the procure- ment in capability development and real- ship, a business wholly owned by an ESOP is
ment dollars needed to establish a program izing substantial profit by solving hard prob- different. We are aware of concerns regard-
of record and the combatant commands have lems at far less expense than the Govern- ing correctly identifying businesses wholly
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7309
owned through an ESOP, and suggest the De- The agreement includes the House provi- tractor awarded a major contract to provide
partment review Internal Revenue Service sion. to the Secretary of Defense an annual report,
form ‘‘Schedule K–1 (Form 1120–S)’’ when Military standards for armor materials in vehi- for the duration of such major contract, on
looking to make that determination. Addi- cle specifications (sec. 878) diversity and inclusion. The provision would
tionally, while we aim to bolster the defense The Senate amendment contained a provi- also require the Secretary of Defense to pro-
industrial base with the provision, we do not sion (sec. 855) that would require the Sec- vide to the congressional defense committees
intend to make it possible for a business retary of the Army to establish military an annual report summarizing the reports
other than a small business to receive the standards for high hardness armor in combat provided to the Secretary by contractors and
award of a contract that would have other- vehicle specifications and provide a report to for such reports to be publicly available.
wise been set aside for small businesses the congressional defense committees on the The Senate amendment contained no simi-
under the requirements of Federal Acquisi- establishment of those standards and the lar provision.
tion Regulation Subpart 19.502. The agreement does not include this provi-
strategy for their incorporation into combat
sion.
Guidance, training, and report on place of per- vehicle specifications. We encourage defense contractors to pro-
formance contract requirements (sec. 875) The House bill contained no similar provi-
mote diversity in leadership, in the work-
The Senate amendment contained a provi- sion.
The agreement includes the Senate provi- force, and on corporate boards, and to estab-
sion (sec. 819) that would direct the Sec- lish measurable goals to achieve such diver-
sion with a modifying amendment.
retary of Defense to improve contract place sity. We note that efforts to increase geo-
of performance data and provide a report to LEGISLATIVE PROVISIONS NOT ADOPTED graphic, racial, and gender diversity, and to
the congressional defense committees on its Special emergency reimbursement authority increase employment for veterans and mili-
use. The House bill contained a provision (sec. tary dependents, may result in improved
The House bill contained no similar provi- 802) that would grant the Department of De- outcomes to support the National Defense
sion. fense new reimbursement authorities for Strategy.
The agreement includes the Senate provi- contractors during a declared pandemic. Competition requirements for purchases from
sion with an amendment that would make The Senate amendment contained no simi- Federal Prison Industries
clarifying edits and revise required reporting lar provision.
The agreement does not include this provi- The House bill contained a provision (sec.
elements. 817) that would amend section 3905 of title 10,
sion.
Notification of certain intergovernmental sup- We note the Coronavirus Aid, Relief, and United States Code, to enhance competition
port agreements (sec. 876) Economic Security Act (Public Law 116–136), and market research requirements for prod-
The House bill contained a provision (sec. also known as the ‘‘CARES’’ Act, was en- ucts offered for sale by the Federal Prison
2824) that would improve access to certain acted on March 27, 2020, in response to the Industries (FPI).
installation support service contracts for in- The Senate amendment contained no simi-
COVID–19 pandemic. Subject to certain con-
dividuals with certain disabilities. lar provision.
ditions, section 3610 of the CARES Act al-
The Senate amendment contained a simi- The agreement does not include this provi-
lowed agencies to reimburse paid leave, in- sion.
lar provision (sec. 813). cluding sick leave, when a Federal con-
The agreement includes the Senate provi- We note that the Congress established the
tractor provides to keep their employees or Federal Prison Industries to help manage,
sion with an amendment that would require subcontractors in a ready state. train and rehabilitate inmates through em-
a notification in fiscal years 2022 and 2023 We are keen to understand the extent to ployment. The Congress established a 5 per-
prior to the Department of Defense allowing which the authority provided in section 3610 cent threshold in section 827 of the National
exemptions of provisions of chapter 85 of of the CARES Act was, and continues to be, Defense Authorization Act for Fiscal Year
title 41, United States Code, to enter into an used on Department of Defense contracts and 2008 (Public Law 110–181), under which the
intergovernmental support agreement whether providing a similar authority to the Department of Defense (DOD) was to acquire
(IGSA) as provided for in section 2679 of title Department permanently is in the national products produced by FPI, as long as the
10, United States Code; a legislative analysis security interest. products met the needs of the Department in
to identify the specific provisions of law that Accordingly, we direct the Secretary of the terms of quality, performance, and price. We
IGSAs must be exempted from to support the Defense to provide a briefing, not later than are aware of concerns about the decline in
effective and efficient use of such authority; March 1, 2022, and a report not later than FPI’s revenue generated from sales to DOD
and the development of a Department-wide April 1, 2022, to the congressional defense and Federal agencies. In light of improve-
policy on the use of IGSA authority, includ- committees regarding the Department’s use ments in the ability of Federal agencies to
ing with respect to the application of other of section 3610 of the CARES Act. Such brief- better mine acquisition data, increases in
requirements of acquisition law and policy. ing and report shall include the following the simplified acquisition threshold and the
The amendment also requires a briefing from elements related to section 3610 of the advent of e-commerce portals, we direct the
the Secretary of Defense on the activities CARES Act: (1) Summary of Department im- Comptroller General of the United States to
taken to implement this section. plementation policy; (2) Reimbursements assess: (1) How the Department identifies op-
We intend the agreement to ensure that paid by the Department listed by contractor, portunities to acquire products from FPI; (2)
current contractors performing services that amount paid, appropriation used to pay such The contracting approaches and vehicles
may be contracted for under IGSAs are not reimbursement, and justification; (3) Reim- used to do so; (3) What oversight is con-
unduly displaced. Further, the agreement bursements pending payment or a payment ducted to ensure compliance with applicable
seeks to clarify seemingly contradictory pro- decision by the Department listed by con- laws and regulations; and (4) Any other
visions of law in chapter 85 of title 41, United tractor, amount requested, and justification; issues the Comptroller General deems rel-
States Code, and section 2679 of title 10, (4) Reimbursements denied by the Depart- evant to help inform congressional oversight
United States Code, in which the former ment listed by contractor, amount re- and future legislation. We further direct the
mandates the preferred or required use of quested, and justification; (5) Benefit to the Comptroller General of the United States to
certain contractors in defense acquisition industrial base; (6) Benefit to the Govern- brief the Committees on Armed Services of
activities while the latter provides for an ex- ment; (7) Specific examples of negative im- the Senate and the House of Representatives
ception of such requirements. We are con- pacts avoided or mitigated; (8) An assess- on preliminary observations by December 1,
cerned this seeming contradiction may re- ment of the extent to which making perma- 2022, and provide a complete report at a mu-
sult in confusion across multiple levels of in- nent this authority or similar authority tually agreed upon date.
stallation and contracting management, as would be in the national security interest; Department of Defense contractor professional
well as among the potential performer com- (9) Specific legislative or policy rec- training material disclosure requirements
munity. ommendations; and (10) Other related mat- The Senate amendment contained a provi-
We also intend for the agreement to sup- ters the Secretary considers appropriate. sion (sec. 818) that would require the Sec-
port the delineation of a common set of Minimum wage for employees of Department of retary of Defense to require all Department
IGSA policies to promote the consistent, ef- Defense contractors of Defense contractors to disclose certain
fective, and efficient use of such authority The House bill contained a provision (sec. training materials for review.
and create a common understanding of its 804) that would establish a minimum hourly The House bill contained no similar provi-
use both in government and industry. wage for employees of Department of De- sion.
Report on requests for equitable adjustment in fense contractors performing a covered con- The agreement does not include this provi-
Department of the Navy (sec. 877) tract. sion.
The House bill contained a provision (sec. The Senate amendment contained no simi- Extension and revisions to never contract with
lar provision. the enemy program
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599D) that would require the Secretary of the
Navy to provide a report to the congres- The agreement does not include this provi- The House bill contained a provision (sec.
sional defense committees on the processing sion. 822) that would extend and revise the ‘‘Never
of Requests for Equitable Adjustment by the Diversity and inclusion reporting requirements Contract with the Enemy’’ program initially
Department of the Navy. for covered contractors authorized under the National Defense Au-
The Senate amendment contained no simi- The House bill contained a provision (sec. thorization Act for Fiscal Year 2015 (Public
lar provision. 805) that would require each covered con- Law 113–291).
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H7310 CONGRESSIONAL RECORD — HOUSE December 7, 2021
The Senate amendment contained no simi- We note our outstanding questions and Administration to establish a program under
lar provision. concerns that would result from uranium which grants would be awarded to eligible
The agreement does not include this provi- ceasing to be designated as a critical mineral small businesses to support their participa-
sion. under section 7002(c) of the Energy Act of tion in meetings and proceedings of stand-
We note that the Secretary of Defense has 2020, Division Z, Title VII of the Consoli- ards development organizations in the devel-
indicated interest in extending and expand- dated Appropriations Act, 2021. We will con- opment of voluntary technical standards.
ing this authority. We believe that the Sec- tinue to pursue this matter through normal The Senate amendment contained no simi-
retary of Defense needs to provide more jus- oversight processes and urge the administra- lar provision.
tification for this legislative request, includ- tion to engage with the Committees on The agreement does not include this provi-
ing an analysis of the impacts to defense Armed Services of the Senate and the House sion.
missions that the lack of this authority has of Representatives in advance of changes to We support the intent of the provision, but
had, analyses of other acquisition authori- the current designation. note that implementation of the proposed
ties or practices which may provide the Statement of policy and determination related to grant program is better suited for agencies
equivalent legal authorities to the Sec- covered optical transmission equipment or that: (1) Have jurisdiction and expertise over
retary, and an analysis of the interaction of services the subject matter; (2) Would be in a better
the proposed authorities with existing acqui- position to determine which meetings and
The House bill contained a provision (sec.
sition policies and practices. We look for- proceedings should be the object of these
838) that would require the Secretary of De-
ward to reviewing future requests for author- grants as well as which small businesses are
fense to commence a process to make a de-
ity in this area and any supporting justifica- the most appropriate candidates; and (3) Can
termination whether procurement of covered
tion and analyses. more effectively develop the selection proc-
optical transmission equipment poses an un-
Further prohibition on acquisition of sensitive esses to ensure potential recipients meet
acceptable risk to national security under
materials small business eligibility criteria.
section 2 of the Secure and Trusted Commu-
The Senate amendment contained a provi- nications Networks Act of 2019 (47 U.S.C. Pilot program on defense innovation open topics
sion (sec. 833) that would amend section 2533c 1601). The House bill contained a provision (sec.
of title 10, United States Code, to add cov- The Senate amendment contained a simi- 847) that would require the Secretary of De-
ered companies to the existing prohibition of lar provision (sec. 853) that would require a fense to establish a defense innovation open
sensitive materials from non-allied foreign review and determination with respect to op- topic activities pilot program using the
nations. tical fiber transmission equipment for De- Small Business Innovation Research Pro-
The House bill contained no similar provi- partment of Defense purposes. gram (SBIR).
sion. The agreement does not include either pro- The Senate amendment contained no simi-
The agreement does not include this provi- vision. lar provision.
sion. Supply of synthetic graphite for the Department The agreement does not include this provi-
We are concerned that sensitive materials of Defense sion.
might be acquired from covered nations (as The House bill contained a provision (sec. We commend the Air Force for looking at
defined in section 2533c of title 10, United 839) that would require the Secretary of De- new and innovative ways to solve problems
States Code) despite current prohibitions. fense to deem synthetic graphite material to by using open topics for their SBIR program.
Accordingly, we direct the Secretary of De- be a strategic and critical material for de- Open topics provide increased flexibility for
fense to provide a briefing to the Commit- fense, industrial, and civilian needs and, to small businesses and the military services to
tees on Armed Services of the Senate and the the maximum extent practicable, acquire innovate and modernize in unexpected ways.
House of Representatives, not later than synthetic graphite material. We encourage all of the military services to
March 1, 2022, on known efforts by covered The Senate amendment contained no simi- use open topics for their SBIR programs. Ad-
nations to bypass current prohibitions, as lar provision. ditionally, we direct the Secretaries of the
found in section 2533c. The briefing shall in- The agreement does not include this provi- military departments to provide a briefing
clude concerns the Department of Defense sion. to the Committees on Armed Services of the
may have, ideas for mitigating these efforts, We note that section 849 of the William M. Senate and the House of Representatives,
and any other information the Secretary (Mac) Thornberry National Defense Author- not later than March 1, 2022, on the break-
finds relevant. ization Act for Fiscal Year 2021 (Public Law down of open topic and traditional announce-
Enhanced domestic content requirement for 116–283) directed the Department of Defense ments in the SBIR program of each military
major defense acquisition program to analyze sourcing and industrial capacity service and to include any pertinent transi-
for synthetic graphite and other strategic tion data.
The House bill contained a provision (sec.
834) that would require the Secretary of De- materials. In addition, section 848 instructed Report on improvements to procurement tech-
fense to provide to the congressional defense the Department to acquire strategic and nical assistance programs
committees a report assessing the domestic critical materials from sources within the The House bill contained a provision (sec.
source content of any procurement and United States prior to purchasing from key 856) that would require the Secretary of De-
would increase over a period of several years allies. We believe that creating domestic de- fense, in coordination with the Under Sec-
the domestic content requirements for the mand for synthetic graphite will bolster the retary of Defense for Acquisition and
purposes of chapter 83 of title 41, United existing industry to ensure it can provide Sustainment and not later than March 1,
States Code. the Department, industry, and civilian needs 2022, to provide to the congressional defense
The Senate amendment contained no simi- with a secure supply of synthetic graphite. committees a report on the implementation
lar provision. We urge the Secretary of Defense, to the of certain recommendations made by the
The agreement does not include this provi- maximum extent practicable, to acquire syn- Government Accountability Office to im-
sion. thetic graphite material, which is a strategic prove procurement technical assistance pro-
and critical material for defense, industrial, grams.
Ensuring consideration of the national security
and civilian needs, in the following order of The Senate amendment contained no simi-
impacts of uranium as a critical mineral
preference: (1) From sources domestically lar provision.
The House bill contained a provision (sec. owned and produced; (2) From sources lo- The agreement does not include this provi-
837) that would require the Secretary of De- cated within the United States or the na- sion.
fense, in coordination with the Secretary of tional technology and industrial base; (3) We direct the Secretary of Defense, in con-
Energy and the Secretary of Commerce, to Suppliers in other allied nations; or (4) From sultation with the Under Secretary of De-
conduct an assessment of the effect on na- other sources, as appropriate. fense for Acquisition and Sustainment, to
tional security that would result from ura- Clarification of duties of Director of Small Busi- submit to the congressional defense commit-
nium ceasing to be designated as a critical ness Programs tees, not later than March 1, 2022, a report on
mineral by the Secretary of the Interior
The Senate amendment contained a provi- the status of the implementation, including
under section 7002(c) of the Energy Act of
sion (sec. 841) that would clarify that the du- a schedule for implementation, of the three
2020, Division Z, Title VII of the Consoli-
ties of the Department of Defense’s Director recommendations set forth in the report of
dated Appropriations Act, 2021 (Public Law
of Small Business Programs include the Government Accountability Office
116–260). The provision would require the
strengthening the small businesses in the na- (GAO), published March 31, 2021, titled ‘‘Pro-
Secretary of Defense to submit a report on
tional technology and industrial base. curement Technical Assistance Program: Op-
the findings of the assessment to the con-
The House bill contained no similar provi- portunities Exist for DOD to Enhance Train-
gressional defense committees and would re-
sion. ing and Collaboration’’ (GAO–21–287), to im-
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strict the alteration or elimination of the
The agreement does not include this provi- prove procurement technical assistance pro-
designation of uranium as a critical mineral
sion. grams established under chapter 142 of title
until such report is submitted.
Support for industry participation in global 10, United States Code.
The Senate amendment contained no simi-
lar provision. standards organizations Report on commercial item determinations
The agreement does not include this provi- The House bill contained a provision (sec. The House bill contained a provision (sec.
sion. 846) that would require the Small Business 857) that would require the Under Secretary
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7311
of Defense for Acquisition and Sustainment We agree that the Department of Defense The Senate amendment contained no simi-
to, not later than 180 days after the date of (DOD) should continue to prioritize vetting lar provision.
the enactment of this Act, provide to the and approving commercially available sUAS The agreement does not include this provi-
congressional defense committees a report that meet the requirements of section 848 of sion.
on commercial item determinations and the National Defense Authorization Act for Prohibition on contracting with persons with
would further require the Under Secretary to Fiscal Year 2020 (Public Law 116–92). Policy- willful or repeated violations of the Fair
make public such report on an appropriate, compliant, cybersecure sUAS will support Labor Standards Act of 1938
publicly available website. modernization efforts across DOD, especially The House bill contained a provision (sec.
The Senate amendment contained no simi- in the Army, Marine Corps, and U.S. Special 865) that would prohibit the head of a Fed-
lar provision. Operations Command. Accordingly, we direct eral department or agency from contracting
The agreement does not include this provi- the Secretary of Defense to provide a brief- with individuals who have willfully or re-
sion. ing, not later than April 1, 2022, to the con- peatedly violated the Fair Labor Standards
We direct the Under Secretary of Defense gressional defense committees on the evalua- Act of 1938 (Public Law 75–718).
for Acquisition and Sustainment to submit a tion of commercially available sUAS with The Senate amendment contained no simi-
report on commercial item determinations capabilities that align with Department of lar provision.
to the congressional defense committees, not Defense sUAS priorities, the status of DIU’s The agreement does not include this provi-
later than January 1, 2023. The report shall Blue sUAS effort, and the feasibility of add- sion.
contain an accounting of the training avail- ing end-to-end integrated collection and We note that the conference report (H.
able for the acquisition workforce related to analysis sUAS solutions to Blue sUAS. Rept. 116–617) accompanying the William M.
commercial item determinations and price (Mac) Thornberry National Defense Author-
Waiver authorization streamlining
reasonableness determinations under Fed- ization Act for Fiscal Year 2021 directed the
eral Acquisition Regulations Part 12, includ- The House bill contained a provision (sec. Department of Defense to enter into an
ing a description of the training, duration, 860) that would make certain modifications agreement with the Acquisition Innovation
periodicity, whether the training is optional to increase flexibilities in the waiver process Research Center (AIRC), established by sec-
or mandatory, and the date on which the under section 637 of title 15, United States tion 835 of the National Defense Authoriza-
training materials were last substantially Code. tion Act of Fiscal Year 2020 (Public Law 116–
revised. The report shall also contain an as- The Senate amendment contained no simi- 92), to report on the extent to which existing
sessment of the extent to which the current lar provision. statutory and discretionary debarment pro-
acquisition workforce has completed the The agreement does not include this provi- cedures address the Department’s interests
aforementioned trainings. We further direct sion. and to identify any gaps in the current re-
the Under Secretary of Defense for Acquisi- Modifications to Governmentwide goals for quirements for statutory debarment as a re-
tion and Sustainment to deliver to the con- small business concerns sult of labor law violations. The report will
gressional defense committees the report in The House bill contained a provision (sec. include recommendations on statutory and
unclassified and publicly releasable formats, 861) that would make certain modifications regulatory changes needed to improve the
as appropriate. to United States Code to increase govern- transparency, efficiency, and effectiveness of
Pilot program to transition digitally secured ment-wide goals for the level of participa- the current debarment system as it relates
tion of certain categories of small businesses to labor law violations.
manufacturing technologies
We note that the AIRC study is ongoing
The House bill contained a provision (sec. in Federal contracting.
and encourage the academic researchers to
858) that would require the Under Secretary The Senate amendment contained no simi-
refine the focus of their efforts to study and
of Defense for Research and Engineering to lar provision.
make recommendations related to: (1) The
carry out a pilot program to promote the de- The agreement does not include this provi-
impact of labor violations on the supply
velopment and effective transition of sion.
chain, balanced with the need to consider
digitally secured manufacturing tech- Duties of small business development center participation by small businesses, which
nologies to covered defense contractors. The counselors tend to be more adversely impacted by de-
provision would require an annual report on The House bill contained a provision (sec. barment; (2) The availability of Fair Labor
participation in and impact of the pilot pro- 862) that would require the Administrator of Standards Act (FLSA) records to Depart-
gram for the duration of the program and the Small Business Administration to estab- ment of Defense contracting officers and the
would authorize the transfer of $3.0 million lish a cyber counseling certification program need for increased transparency and work-
for the program. or approve a similar existing program in force training on labor laws and FLSA en-
The Senate amendment contained no simi- order to certify the employees of lead small forcement; and (3) The extent to which the
lar provision. business development centers to provide current discretionary model of debarment
The agreement does not include this provi- cyber planning assistance to small business best serves the Government’s interest, or
sion. concerns. whether an adjudicatory model should be
We direct the Under Secretary of Defense The Senate amendment contained no simi- considered.
for Research and Engineering to develop a lar provision. We direct the Secretary of Defense to sup-
plan to ensure the transition, as appropriate, The agreement does not include this provi- port the execution of AIRC study with appro-
of manufacturing technologies funded by the sion. priate resources, and access to data, infor-
Department of Defense and developed by mation, and personnel.
manufacturing innovation institutes to de- Comptroller General report on mergers and ac-
quisitions in the defense industrial base We anticipate the results of this study will
fense contractors that support: (1) Enhanc- bring to light new information that is not
ing and securing the supply chain for manu- The House bill contained a provision (sec. widely available or understood, therefore,
facturing of weapon systems; and (2) Ensur- 863) that would require the Comptroller Gen- not later than 60 days after the conclusion of
ing increased quality and decreased costs of eral of the United States, not later than this AIRC study, we direct the Secretary to
such cybersecurity capabilities in manufac- March 1, 2022, to provide to Congress a report provide a briefing to the congressional de-
turing technologies. on the impact of mergers and acquisitions of fense committees on the study’s findings and
We further direct the Under Secretary to defense industrial base contractors on the what legislative changes the Department
provide to the Committees on Armed Serv- procurement processes of the Department of would propose, if any, in response to AIRC
ices of the Senate and the House of Rep- Defense. recommendations.
resentatives, not later than September 30, The Senate amendment contained no simi- We support rigorous oversight of labor
2022, a briefing on such plan. lar provision. laws and the need to protect the Department
Briefing on expanded small unmanned aircraft The agreement does not include this provi- from doing business with individuals and
systems capability sion. companies who pose a business risk to the
We direct the Comptroller General of the Government. We further reemphasize that
The House bill contained a provision (sec. United States to submit to the congressional
859) that would require the Secretary of De- contractors cited for violations such as fail-
defense committees, not later than Sep- ing to pay minimum wage and overtime and
fense to, not later than January 30, 2022, pro- tember 30, 2023, an assessment of Department
vide a briefing to the Committee on Armed keep accurate records could be replaced with
of Defense actions to monitor and assess the more responsible contractors to improve the
Services of the House of Representatives on effects of potential mergers and acquisitions
the evaluation of the Department of Defense integrity of the defense industrial base.
on its defense industrial base. Report on duplicative information technology
of commercially available small unmanned
aircraft systems (sUAS) with capabilities Exemption of certain contracts awarded to small contracts
business concerns from category manage-
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that align with Department of Defense sUAS The House bill contained a provision (sec.
priorities, to include the Defense Innovation ment requirements 867) that would require the Secretary of De-
Unit’s (DIU) Blue sUAS 2.0 list. The House bill contained a provision (sec. fense to submit a report on efforts within the
The Senate amendment contained no simi- 864) that would exempt certain contracts Department of Defense to reduce duplicative
lar provision. awarded to small business concerns from cat- information technology contracts.
The agreement does not include this provi- egory management or successor strategies The Senate amendment contained no simi-
sion. for contract consolidation. lar provision.
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H7312 CONGRESSIONAL RECORD — HOUSE December 7, 2021
The agreement does not include this provi- be held accountable. The provision would the Small Business Administration, not later
sion. further require the Secretary of Defense to than 1 year after the date of the enactment
We direct the Secretary of Defense to sub- review the Government Accountability Of- of this Act and not less frequently than
mit a report to the congressional defense fice (GAO) report, published August 4, 2021, every 5 years thereafter, to publish or update
committees, not later than May 31, 2022, on titled, ‘‘Human Trafficking: DOD Should Ad- a resource guide for small business concerns
the efforts within the Department of Defense dress Weaknesses in Oversight of Contrac- operating as child care providers.
to reduce duplicative information tech- tors and Reporting of Investigations Related The Senate amendment contained no simi-
nology contracts. to Contracts’’ (GAO–21–546) and develop poli- lar provision.
Reestablishment of commission on wartime con- cies and mechanisms to address issues raised The agreement does not include this provi-
tracting in the report and other issues detailed in the sion.
provision. The provision would further re- Boots to Business Program
The House bill contained a provision (sec.
quire the Secretary to provide to certain The House bill contained two provisions
868) that would reestablish the Commission congressional committees an interim brief-
on Wartime Contracting and modify the du- (secs. 875 and 879) that would codify the ex-
ing on the analysis conducted, not later than isting Boots to Business program that pro-
ties of that organization. 60 days after the date of the enactment of
The Senate amendment contained no simi- vides entrepreneurial training for
this Act, and a final report on the same, not
lar provision. servicemembers transitioning to civilian
later than 120 days after the date of the en-
The agreement does not include this provi- life.
actment of this Act. The Senate amendment contained no simi-
sion. The Senate amendment contained no simi-
We acknowledge the valuable work of the lar provision.
lar provision.
Commission on Wartime Contracting and the The agreement does not include this provi- The agreement does not include these pro-
30 recommendations made in 2011 to improve sion. visions.
contingency contracting in Iraq and Afghan- We believe that the U.S. Government TITLE IX—DEPARTMENT OF DEFENSE
istan. The Department of Defense (DOD) should have a zero tolerance policy for ORGANIZATION AND MANAGEMENT
issued an action plan in 2013 to implement 16 human trafficking, and it is of vital impor- Change in eligibility requirements for appoint-
of those recommendations. We are concerned tance that Government contractors who en- ment to certain Department of Defense lead-
that in a report published by the Govern- gage in human trafficking be held account- ership positions (sec. 901)
ment Accountability Office (GAO) on Sep- able. The House bill contained a provision (sec.
tember 30, 2021, titled ‘‘Contingency Con- We direct the Secretary of Defense to re- 901) that would modify the requirement for a
tracting: DOD Has Taken Steps to Address view the recommendations contained in the person appointed as the Secretary of Defense
Commission Recommendations, but Should Government Accountability Office (GAO) re- to be 10 years relieved from Active Duty as
Better Document Progress and Improve Con- port, published August 4, 2021, titled,
a commissioned officer and apply the limita-
tract Data’’ (GAO–21–344), the Comptroller ‘‘Human Trafficking: DOD Should Address
tion to commissioned officers in a pay grade
General found the information system used Weaknesses in Oversight of Contractors and
of O–6 and above. The provision would also
by the Department of Defense to track and Reporting of Investigations Related to Con-
allow the appointment of a person as Sec-
report information about contracts and con- tracts’’ (GAO–21–546) and to provide a brief-
retary of Defense notwithstanding the limi-
tractor personnel supporting contingency op- ing to the congressional defense committees,
tation if the Congress were to enact a joint
erations is not able to track and report in- not later than July 1, 2022, on the status of
resolution of approval.
formation by the type of applicable contin- implementing such recommendations and a
The Senate amendment contained a simi-
gency operations that DOD contracts and description of policies and processes to: (1)
lar provision (sec. 901) that would modify the
contractors have supported. The GAO report Ensure contracting officers are informed of
requirement for a person appointed as a Sec-
also observed that DOD’s Operational Con- their responsibilities relating to combating
retary of a military department to be 7 years
tract Support Functional Capabilities Inte- trafficking in persons and to ensure that
relieved from Active Duty as a commis-
gration Board has not continued to update such contracting officers are accurately and
sioned officer. The provision would also es-
and document the status of the Commis- completely reporting trafficking in persons
investigations; (2) Specify the roles and re- tablish a requirement for the Assistant Sec-
sion’s recommendations. Without the ability retary of Defense for Special Operations and
to identify data on operations, exercises and sponsibilities of Department of Defense orga-
nizations and individuals with respect to re- Low Intensity Conflict (ASD SOLIC) to be 7
other activities that are considered contin- years relieved from Active Duty as a com-
gency operations within the information sys- porting on trafficking in persons incidents
involving contractors; (3) Describe require- missioned officer.
tem, we are concerned that DOD is unable to The agreement includes the Senate provi-
fulfill the Commission’s vision for reform of ments relating to reporting such incidents in
the Federal Awardee Performance and Integ- sion with an amendment that would require
oversight and management of contingency that a person appointed as Secretary of De-
contracting operations. We note it is also rity Information System (or any other con-
tractor performance rating system); (4) Re- fense be 10 years relieved from Active Duty
more difficult for DOD planners to identify for a commissioned officer in a pay grade of
and make decisions on contractor personnel view and monitor contractor compliance
plans relating to combating trafficking in O–7 or above. The provision would also re-
or the capabilities needed to support them. quire that a commissioned officer in a pay
Therefore, to provide additional oversight persons; (5) Ensure tracking of information
about compliance with acquisition-specific grade of O–6 or below be 7 years relieved
through better monitoring and reporting on from Active Duty before being appointed as
the Department’s contractor personnel, we training requirements relating to combating
trafficking in persons by contractors, in an the Secretary of Defense. Finally, the provi-
direct the Secretary of Defense to implement sion would require that a person appointed
the recommendations of the GAO report and appropriate time period; and (6) Assess the
resources and staff required to support over- as a Secretary of a military department, or
provide a progress briefing to the congres- as the ASD SOLIC, be 7 years relieved from
sional defense committees not later than sight of combating trafficking in persons, in-
cluding resources and staff to validate an- Active Duty as a commissioned officer of a
July 1, 2022. regular component of an armed force.
nual combating trafficking in persons self-
Application of price evaluation preference for assessments by elements of the Department. Clarification of treatment of Office of Local De-
qualified HUBZone small business concerns fense Community Cooperation as a Depart-
Microloan program; definitions
to certain contracts ment of Defense Field Activity (sec. 902)
The House bill contained a provision (sec.
The House bill contained a provision (sec. 872) that would include the Northern Mar- The House bill contained a provision (sec.
869) that would modify United States Code to iana Islands in the microloan program of the 911) that would clarify that the Office of
ensure that HUBZone price evaluation pref- Small Business Administration. Local Defense Community Cooperation is to
erence applies to certain contracts and The Senate amendment contained no simi- be treated as a Department of Defense Field
would require the Administrator of the lar provision. Activity.
Small Business Administration, not later The agreement does not include this provi- The Senate amendment contained a simi-
than 90 days after the date of the enactment sion. lar provision (sec. 2801).
of this Act, to revise any rule or guidance to Amendments to contracting authority for cer- The agreement includes the House provi-
implement the requirements of this section. tain small business concerns sion.
The Senate amendment contained no simi- The House bill contained a provision (sec. Enhanced role of the Under Secretary of De-
lar provision. 873) that would raise the sole-source contract fense for Research and Engineering on the
The agreement does not include this provi- thresholds for certain small business con- Joint Requirements Oversight Council (sec.
sion. cerns. 903)
Combating trafficking in persons The Senate amendment contained no simi-
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The House bill contained a provision (sec.
The House bill contained a provision (sec. lar provision. 5211) that would amend section 181 of title 10,
870) that would express the sense of Congress The agreement does not include this provi- United States Code.
that the Government of the United States sion. The Senate amendment contained no simi-
should have a zero tolerance policy for Child care resource guide lar provision.
human trafficking and that Government con- The House bill contained a provision (sec. The agreement includes the House provi-
tractors that engage in such practices must 878) that would require the Administrator of sion with an amendment that would make
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December 7, 2021 CONGRESSIONAL RECORD — HOUSE H7313
the Undersecretary of Defense for Research U.S. Space Force and the organizational Functional Team’s significant work advanc-
and Engineering (USD R&E) the Chief Tech- structure of the military service. The provi- ing electromagnetic spectrum operations
nical Advisor to the Joint Requirements sion would further modify implementation throughout the Department of Defense. How-
Oversight Council (JROC), add an element to dates regarding the Service Acquisition Ex- ever, we encourage the Secretary of Defense
the JROC’s mission, and require a report and ecutive of the Department of the Air Force to transfer the Electromagnetic Spectrum
study on the role of the USD R&E in the for Space Systems and Programs and allow Operations Cross Functional Team’s func-
JROC. The amendment also requires an inde- the Secretary of the Air Force to assign Sen- tions and responsibility to a permanent enti-
pendent report and Secretary of Defense rec- ior Procurement Executive authorities for ty to ensure consistent leadership of electro-
ommendations on potential further adjust- space systems and programs to the Assistant magnetic spectrum operations when appro-
ments to the USD R&E role in the JROC Secretary of the Air Force for Space Acquisi- priate.
process. tion and Integration. Management innovation activities (sec. 908)
We note that the JROC, as required under The Senate amendment contained similar
The Senate amendment contained a provi-
section 181 of title 10, United States Code, as- provisions (secs. 1505 and 1508) that would
sion (sec. 906) that would require the Sec-
sesses joint military capabilities and gaps to provide the Secretary of the Air Force the
retary of Defense to establish a set of man-
establish joint requirements for weapons sys- authority to delegate to the Assistant Sec-
agement innovation activities, with a goal of
tems, as well as identifies new joint military retary of the Air Force for Space Acquisition
incorporating appropriate private sector
capabilities based on advances in technology and Integration duties and authorities of the
management practices and technologies and
and concepts of operation. By statute, the Senior Procurement Executive that relate to
enhancing the capabilities of the defense
performance of these tasks has been a mili- space systems and programs and modify the
management workforce.
tary function, relying on the unique exper- required transfer of space acquisition
The House bill contained no similar provi-
tise of senior military leadership in military projects to the Assistant Secretary of the
sion.
operations and concepts. Air Force for Space Acquisition and Integra-
We further note that since the JROC was The agreement includes the Senate provi-
tion from October 1, 2022, to not later than
established in 1986, technologies, including sion with an amendment that would clarify
October 1, 2022.
advanced materials, biotechnology, informa- The agreement includes the House provi- the requirements for management activities
tion technology in general, and artificial in- sion with an amendment that would strike under the section, and include academic re-
telligence in particular, have seen remark- the sense of Congress. search and independent studies as an activ-
able advances affecting nearly all aspects of ity to support management innovation.
Assignments for participants in the John S.
the U.S. economy and national security. Co- McCain Strategic Defense Fellows Program Digital talent recruiting officer (sec. 909)
incident with these changes has been a (sec. 906) The House bill contained a provision (sec.
change in sources of funding for technology The Senate amendment contained a provi- 5204) that would direct the Secretary of De-
and development. During the Cold War, the sion (sec. 904) that would amend section 932 fense to designate a chief digital recruiting
Federal Government dominated research of the John S. McCain National Defense Au- officer within the Office of the Under Sec-
spending and held a key role in the matura- thorization Act for Fiscal Year 2019 (Public retary of Defense for Personnel and Readi-
tion of technology. Now, commercial tech- Law 115–232) to provide more flexibility in ness responsible for identifying and recruit-
nology investment in research and develop- the assignment of fellows participating in ing individuals with specific types of civilian
ment vastly outpaces Government spending, the John S. McCain Strategic Defense Fel- digital talent.
with product development cycles occurring lows Program. The provision would also au- The Senate amendment contained no simi-
at an increasingly rapid pace. thorize the Secretary of Defense to require a lar provision.
We believe that technology continues to minimum service obligation for participants The agreement includes the House provi-
hold a central role in military capability, in exchange for receipt of certain education sion with an amendment that would modify
but as the sources of technology shift, the loan repayment benefits. the responsibilities of the chief digital re-
processes for identifying and integrating this The House bill contained no similar provi- cruiting officer, require an annual briefing
technology into military capabilities also sion. to the Congress on the activities of the offi-
needs to shift. Therefore, the JROC must The agreement includes the Senate provi- cer, and provide a sunset for the requirement
evolve to be fully informed by the rapidly sion. of the designation of the officer.
shifting set of technological possibilities. We Cross-functional team for emerging threat relat-
Designation of senior official for implementation
emphasize that the ever-increasing integra- ing to anomalous health incidents (sec. 910)
of Electromagnetic Spectrum Superiority
tion of military operations and technology
Strategy (sec. 907) The House bill contained a provision (sec.
requires a range of backgrounds and perspec-
tives to inform prioritization, which is the The House bill contained a provision (sec. 722) that would require the Secretary of De-
intent of the participation of key advisors in 903) that would require the Department of fense to create a cross-functional team to ad-
the JROC. Defense (DOD) to designate a sole senior offi- dress the national security challenges re-
The designation of the USD R&E, who is cial responsible for implementing any cur- lated to anomalous health incidents. This
already the principal advisor to the Sec- rent or future electromagnetic spectrum su- provision would also require the Secretary to
retary of Defense on matters related to tech- periority strategy. The provision would also provide a briefing with respect to the efforts
nology, as the Chief Technical Advisor to the direct the Secretary of Defense to submit a of the Department of Defense regarding
JROC is intended to assist the Department report on the sufficiency of electromagnetic anomalous health incidents.
of Defense in taking full advantage of tech- warfare rules of engagement and provide a The Senate amendment contained no simi-
nological possibilities, on-ramping new tech- copy of the implementation plan for the lar provision.
nologies into military operations, and iden- Electromagnetic Spectrum Superiority The agreement includes the House provi-
tifying new, affordable, and effective means Strategy. The provision would also limit sion with an amendment that would make
of achieving military ends. funds for the Office of the Under Secretary of various technical and conforming changes.
We also note that the USD R&E should Defense for Acquisition and Sustainment for Alignment of Close Combat Lethality Task Force
support efforts to include more technical travel until the Secretary meets various (sec. 911)
rigor and realism in the development and ap- briefing requirements. The Senate amendment contained a provi-
proval of requirements, so that acquisition The Senate amendment contained no simi- sion (sec. 905) that would direct the Sec-
programs are not initiated in a manner that lar provision. retary of Defense to return the Close Combat
leads to technical failures or excessive costs. The agreement includes the House provi-
Lethality Task Force (CCLTF) to its initial
sion with an amendment that would require
Implementation of repeal of Chief Management alignment and status as a direct reporting
certification by the Secretary of Defense and
Officer of the Department of Defense (sec. activity to the Secretary of Defense, includ-
a Cost Assessment and Program Evaluation
904) ing its designation as a Cross Functional
review if the Secretary appoints the DOD
The House bill contained a provision (sec. Team (CFT) under section 911 of the Na-
Chief Information Officer (CIO) as the re-
902) that would modify the implementation tional Defense Authorization Act for Fiscal
sponsible senior official, as well as technical
of the repeal of the requirement to establish Year 2017 (Public Law 114–328), until such
amendments. The amendment would also
the position of Chief Management Officer of time the Secretary provides a report on an
strike the subsection limiting funds.
the Department of Defense. alternative alignment of the CCLTF.
We view the appointment of the DOD CIO
The Senate amendment contained no simi- The House bill contained no similar provi-
as the responsible senior official with skep-
lar provision. sion.
ticism given the inherent warfighting inte-
The agreement includes the House provi- The agreement includes the Senate provi-
gration requirements that the senior official
sion. sion with a modifying amendment.
dlhill on DSK120RN23PROD with HOUSE
will oversee. We believe the office of the CIO
Space Force organizational matters and modi- does not have the expertise, staffing level, Independent review of and report on the Unified
fication of certain space-related acquisition nor the authorities to ensure or promote Command Plan (sec. 912)
authorities (sec. 905) electromagnetic spectrum superiority in The House bill contained a provision (sec.
The House bill contained a provision (sec. operational environments throughout the 917) that would require the Secretary of De-
915) that would provide a sense of Congress combatant commands. We also note the fense to provide an independent review of the
regarding the intent behind establishing the Electromagnetic Spectrum Operations Cross current Unified Command Plan. The review
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H7314 CONGRESSIONAL RECORD — HOUSE December 7, 2021
would consider current and anticipated in coordination with the Secretary of State, The House bill contained no similar provi-
threats and an evaluation of the missions on the feasibility and advisability of estab- sion.
and responsibilities of each geographic and lishing such an office not later than June 1, The agreement includes the Senate provi-
functional combatant command. The Sec- 2022. sion with a technical amendment.
retary would be required to submit the re- No effect on military installations Commission on Planning, Programming, Budg-
view to the Committees on Armed Services The House bill contained a provision (sec. eting, and Execution Reform (sec. 1004)
of the Senate and the House of Representa- 922) that asserted that nothing in the sub- The House bill contained a provision (sec.
tives not later than October 1, 2022. title should be construed to authorize or re- 1079) that would establish a Defense Re-
The Senate amendment contained a simi- quire the relocation of any facility, infra- source Budgeting and Allocation Commis-
lar provision (sec. 1280). structure, or military installation of the sion to develop a consensus on an effective
The agreement includes the House provi- and strategic approach to Department of De-
Space National Guard or Air National Guard.
sion with a technical amendment. The Senate amendment contained no simi- fense resource budgeting and allocation, by
Study and report on the role and organization lar provision. conducting an examination of the planning,
of space assets in the reserve components The agreement does not include this provi- programming, budgeting, and execution
(sec. 913) sion. methodology of the Department and by con-
The House bill contained a provision (sec. Implementation of Space National Guard sidering potential alternatives to such meth-
921) that would create a Space National odology to maximize the ability of the De-
The House bill contained a provision (sec.
Guard that is part of the organized militia of partment to equip itself in a timely manner
923) that would require the Secretary of the
the several States and territories, Puerto to respond to current and emerging threats.
Air Force and Chief of the National Guard The Senate amendment contained a simi-
Rico, and the District of Columbia. Bureau to implement the subtitle related to
The Senate amendment contained no simi- lar provision (sec. 1002, as amended by sec.
the creation of the Space National Guard 6010).
lar provision. within 18 months after the date of the enact-
The agreement includes the House provi- The agreement includes the Senate provi-
ment of this Act. It would also require an- sion with an amendment that would increase
sion with an amendment that would not es-
nual briefings from the Secretary of the Air the size of the Commission to include mem-
tablish a Space National Guard but would re-
Force, Chief of the Space Force, and Chief of bers to be appointed by the leadership of the
quire the Secretary of Defense to conduct a
the National Guard Bureau to the Commit- Senate and the House of Representatives,
study to review the overall organization of
tees on Armed Services of the Senate and the make certain modifications to the scope and
the reserve component, including the appro-
House of Representatives. duties of the Commission, and modify the re-
priate allocation and use of Space assets in The Senate amendment contained no simi-
the reserve component, and the consider- porting requirements, all to be provided to
lar provision. the congressional defense committees, to in-
ation of establishing a Space National The agreement does not include this provi-
Guard. clude: (1) An initial report, not later than
sion. February 6, 2023; (2) A final report not later
LEGISLATIVE PROVISIONS NOT ADOPTED Conforming amendments and clarification of than September 1, 2023, and (3) Briefings 180
Renaming of Air National Guard to Air and authorities days after the establishment of the Commis-
Space National Guard The House bill contained a provision (sec. sion, as well as not later than 30 days after
The Senate amendment contained a provi- 924) that would amend section 101 and chap- the submission of the initial and final re-
sion (sec. 902) that would amend title 10, ter 1003 of title 10, United States Code, and ports.
United States Code, to change the name of section 101 of title 32, United States Code, to Members of the Commission should be ap-
the Air National Guard to the Air and Space include the Space National Guard as a re- pointed in a manner that encourages diver-
National Guard. serve component of the Armed Forces of the sity based on gender, race, ethnicity, dis-
The House bill contained no similar provi- United States. ability status, veteran status, sexual ori-
sion. The Senate amendment contained no simi- entation, gender identity, national origin,
The agreement does not include this provi- lar provision. and other demographic categories.
sion. The agreement does not include this provi- Subtitle B—Counterdrug Activities
Use of Combatant Commander Initiative Fund sion. Extension of authority to support a unified
for certain environmental matters TITLE X—GENERAL PROVISIONS counterdrug and counterterrorism campaign
The House bill contained a provision (sec. Subtitle A—Financial Matters in Colombia (sec. 1007)
912) that would add resilience of military in- General transfer authority (sec. 1001) The Senate amendment contained a provi-
stallations, ranges, and supporting infra- sion (sec. 1012) that would extend through
The House bill contained a provision (sec.
structure to the list of permissible uses for fiscal year 2023 the authority under section
1001) that would allow the Secretary of De-
the Combatant Commander Initiative Fund 1021 of the Ronald W. Reagan National De-
fense, with certain limitations, to make
(CCIF). fense Authorization Act for Fiscal Year 2005
The Senate amendment contained no simi- transfers between amounts authorized for
fiscal year 2022 in division A of this Act. This (Public Law 108–375), as most recently
lar provision. amended by section 1021 of the National De-
The agreement does not include this provi- provision would also limit the total amount
transferred under this authority to $6.5 bil- fense Authorization Act for Fiscal Year 2020
sion. (Public Law 116–92), to support Colombia’s
We are concerned with the potential for ex- lion.
The Senate amendment contained a simi- unified counterdrug and counterterrorism
treme weather to negatively impact military campaign.
installation resilience in a manner that lar provision (sec. 1001) that would limit the
The House bill contained no similar provi-
could have a deleterious impact on readiness total amount transferred under this author-
sion.
within the areas of responsibility of geo- ity to $6.0 billion.
The agreement includes the Senate provi-
graphic combatant commands. However, we The agreement includes the Senate provi-
sion.
note that the existing authority for the CCIF sion.
Authority for joint task forces to provide sup-
allows funds to be used for purposes that in- Revision of limitation on funding for combatant
port to law enforcement agencies conducting
clude training and joint exercises as well as commands through Combatant Commander
counter-terrorism activities (sec. 1008)
command and control and classroom edu- Initiative Fund (sec. 1002)
The House bill contained a provision (sec.
cation. We encourage a permissive reading of The House bill contained a provision (sec. 1022) that would extend by 2 years the au-
those authorized uses to allow funds to be 1004) that would amend the limitation on thority under section 1022(b) of the National
used for infrastructure and facility resilience funding for combatant commands through Defense Authorization Act for Fiscal Year
support of existing authorized CCIF activi- the Combatant Commander Initiative Fund. 2004 (Public Law 108–136), as amended, to use
ties. The Senate amendment contained no simi-
Department of Defense counterdrug funds to
Report on establishment of office to oversee lar provision.
enable joint task forces that support law en-
sanctions with respect to Chinese military The agreement includes the House provi-
forcement agencies engaged in counterdrug
companies sion.
activities to also support law enforcement
The House bill contained a provision (sec. Plan for consolidation of information tech- agencies engaged in counterterrorism or
916) that would require the Secretary of De- nology systems used in Department of De- counter-transnational criminal organization
fense to submit a report on the feasibility of fense planning, programming, budgeting, activities.
establishing an office within the Department and execution process (sec. 1003) The Senate amendment contained a provi-
of Defense to oversee sanctions with respect The Senate amendment contained a provi- sion (sec. 1011) that would codify the author-
dlhill on DSK120RN23PROD with HOUSE
to Chinese military companies. sion (sec. 1003) that would require the Under ity under section 1022 of the National De-
The Senate amendment contained no simi- Secretary of Defense (Comptroller) to submit fense Authorization Act for Fiscal Year 2004,
lar provision. a plan to consolidate the information tech- as amended, in title 10, United States Code,
The agreement does not include this provi- nology systems used to manage data and and clarify that Department of Defense sup-
sion. support the planning, programming, budg- port under this authority would also be
We direct the Secretary to provide to the eting, and execution process of the Depart- available to support law enforcement activi-
congressional defense committees a briefing, ment of Defense. ties for countering illicit trafficking.
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