Concurrent Resolutions and H.R. 7900 Consideration — Congressional Record, House
Summary
This House section of the Congressional Record for July 13, 2022 (H6025 and H6026) shows two concurrent resolutions and the National Defense Authorization Act for Fiscal Year 2023. Takano asks unanimous consent on a concurrent resolution authorizing use of the rotunda of the Capitol on Thursday, July 14, 2022, for the lying in honor of Hershel Woodrow Williams, the last surviving Medal of Honor recipient for acts performed during World War II; it was concurred in. A second concurrent resolution directs the Secretary of the Senate to make a correction in the enrollment of a bill and was agreed to. Smith of Washington then calls up the defense bill pursuant to House Resolution 1224, and its text and table of contents follow, organized into five divisions.
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“Concurrent Resolutions and H.R. 7900 Consideration — Congressional Record, House.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-07-13-crec-2022-07-13-pt1-pgh6025-3-988d822eb0/
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6025
‘‘(d) BUDGET SCOREKEEPING.—(1) Imme- A motion to reconsider was laid on the bill, an amendment in the nature of
diately upon enactment of the Sergeant the table. a substitute consisting of the text of
First Class Heath Robinson Honoring our Rules Committee Print 117–54, is con-
Promise to Address Comprehensive Toxics f
sidered adopted and the bill, as amend-
Act of 2022, expenses authorized to be appro- AUTHORIZING THE USE OF THE
priated to the Fund in subsection (c) shall be ed, is considered read.
ROTUNDA OF THE CAPITOL ON The text of the bill, as amended, is as
estimated for fiscal year 2023 through fiscal
year 2031 and treated as budget authority THURSDAY, JULY 14, 2022, FOR follows:
that is considered to be direct spending— THE LYING IN HONOR OF THE H.R. 7900
‘‘(A) in the baseline for purposes of section REMAINS OF HERSHEL WOOD- Be it enacted by the Senate and House of Rep-
257 of the Balanced Budget and Emergency ROW ‘‘WOODY’’ WILLIAMS, THE resentatives of the United States of America in
Deficit Control Act of 1985 (2 U.S.C. 907); LAST SURVIVING MEDAL OF Congress assembled.
‘‘(B) by the Chairman of the Committee on HONOR RECIPIENT FOR ACTS SECTION 1. SHORT TITLE.
the Budget of the Senate and the Chair of PERFORMED DURING WORLD This Act may be cited as the ‘‘National De-
the Committee on the Budget of the House of fense Authorization Act for Fiscal Year 2023’’.
WAR II
Representatives, as appropriate, for purposes
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS;
of budget enforcement in the Senate and the Mr. TAKANO. Mr. Speaker, I ask TABLE OF CONTENTS.
House of Representatives; unanimous consent to take from the (a) DIVISIONS.—This Act is organized into five
‘‘(C) under the Congressional Budget Act of Speaker’s table the concurrent resolu- divisions as follows:
1974 (2 U.S.C. 621 et seq.), including in the re- tion (S. Con. Res. 42) authorizing the (1) Division A—Department of Defense Au-
ports required by section 308(b) of such Act (2 thorizations.
use of the rotunda of the Capitol on
U.S.C. 639); and (2) Division B—Military Construction Author-
‘‘(D) for purposes of the Statutory Pay-As- Thursday, July 14, 2022, for the lying in
izations.
You-Go Act of 2010 (2 U.S.C. 931 et seq.). honor of the remains of Hershel Wood-
(3) Division C—Department of Energy Na-
‘‘(2)(A) Except as provided in subparagraph row ‘‘Woody’’ Williams, the last sur- tional Security Authorizations and Other Au-
(B), amounts appropriated to the Fund for viving Medal of Honor recipient for thorizations.
fiscal years 2023 through 2031 pursuant to acts performed during World War II, (4) Division D—Funding Tables.
this section shall be counted as direct spend- and ask for its immediate consider- (5) Division E—Non-Department of Defense
ing under the Congressional Budget and Im- Matters
ation in the House.
poundment Control Act of 1974 (2 U.S.C. 621 (b) TABLE OF CONTENTS.—The table of con-
et seq.) and any other Act. The Clerk read the title of the con-
tents for this Act is as follows:
‘‘(B) Any amounts appropriated to the current resolution.
Sec. 1. Short title.
Fund in excess of the amount specified under The SPEAKER pro tempore. Is there Sec. 2. Organization of Act into divisions; table
subsection (c)(2) shall be scored as discre- objection to the request of the gen- of contents.
tionary budget authority and outlays for any tleman from California? Sec. 3. Congressional defense committees.
estimate of an appropriations Act.’’. There was no objection. DIVISION A—DEPARTMENT OF DEFENSE
The SPEAKER pro tempore. Pursu- The text of the concurrent resolution AUTHORIZATIONS
ant to clause 2(b) of rule XIX, the pre- is as follows: TITLE I—PROCUREMENT
vious question is ordered on the motion S. CON. RES. 42 Subtitle A—Authorization of Appropriations
to commit. Resolved by the Senate (the House of Rep- Sec. 101. Authorization of appropriations.
The question is on the motion to resentatives concurring),
commit. Subtitle B—Navy Programs
SECTION 1. HONORING THE LAST SURVIVING
The question was taken; and the Sec. 111. Requirements relating to EA–18G air-
MEDAL OF HONOR RECIPIENT OF
Speaker pro tempore announced that WORLD WAR II. craft of the Navy.
Sec. 112. Multiyear procurement authority for
the noes appeared to have it. In recognition of Hershel Woodrow
Arleigh Burke class destroyers.
Mr. BOST. Mr. Speaker, on that I de- ‘‘Woody’’ Williams, the last surviving recipi-
Sec. 113. Authority for procurement of addi-
mand the yeas and nays. ent of the Medal of Honor for acts performed
tional Arleigh Burke class de-
The SPEAKER pro tempore. Pursu- during World War II, his remains shall be
stroyer.
ant to section 3(s) of House Resolution permitted to lie in honor in the rotunda of Sec. 114. Authority for certain procurements for
8, the yeas and nays are ordered. the Capitol on Thursday, July 14, 2022, in the Ship-to-Shore Connector pro-
order to honor the Greatest Generation and
Pursuant to section 8 of rule XX, fur- gram.
the more than 16,000,000 men and women who Sec. 115. Authority to procure airframes and
ther proceedings on this question are served in the Armed Forces of the United
postponed. engines for CH–53K King Stallion
States from 1941 to 1945. The Architect of the heavy-lift helicopters.
f Capitol, under the direction of the President Sec. 116. Prohibition on availability of funds
pro tempore of the Senate and the Speaker
b 1500 of the House of Representatives, shall take
for retirement of HSC–85 aircraft.
Sec. 117. Quarterly briefings on the CH–53K
DIRECTING THE SECRETARY OF all necessary steps for the accomplishment King Stallion helicopter program.
THE SENATE TO MAKE A COR- of that purpose.
Subtitle C—Air Force Programs
RECTION IN THE ENROLLMENT The concurrent resolution was con- Sec. 121. Modification of inventory require-
OF THE BILL S. 3373 curred in. ments for aircraft of the combat
Mr. TAKANO. Mr. Speaker, I send to A motion to reconsider was laid on air forces.
the desk a concurrent resolution and the table. Sec. 122. Modification of minimum inventory re-
quirement for air refueling tanker
ask unanimous consent for its imme- f
aircraft.
diate consideration in the House. Sec. 123. Requirements relating to F–22 aircraft.
The Clerk read the title of the con- NATIONAL DEFENSE AUTHORIZA-
TION ACT FOR FISCAL YEAR 2023 Sec. 124. Modification of inventory require-
current resolution. ments and limitations relating to
The SPEAKER pro tempore. Is there Mr. SMITH of Washington. Mr. certain air refueling tanker air-
objection to the request of the gen- Speaker, pursuant to House Resolution craft.
tleman from California? 1224, I call up the bill (H.R. 7900) to au- Sec. 125. Repeal of Air Force E–8C force presen-
There was no objection. thorize appropriations for fiscal year tation requirement.
The text of the concurrent resolution 2023 for military activities of the De- Sec. 126. Minimum inventory of C–130 aircraft.
is as follows: Sec. 127. Authority to procure upgraded ejec-
partment of Defense and for military tion seats for certain T–38A air-
H. CON. RES. 98 construction, to prescribe military per- craft.
Resolved by the House of Representatives (the sonnel strengths for such fiscal year, Sec. 128. Prohibition on availability of funds
Senate concurring), That in the enrollment of and for other purposes, and ask for its for retirement of C–40 aircraft.
the bill S. 3373, the Secretary of the Senate immediate consideration in the House. Sec. 129. Prohibition on availability of funds
shall make the following correction: Amend
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The Clerk read the title of the bill. for procurement of bridge tanker
the long title so as to read: ‘‘An Act to im- aircraft.
prove health care and benefits for veterans The SPEAKER pro tempore. Pursu-
Sec. 130. Prohibition on availability of funds
exposed to toxic substances, and for other ant to House Resolution 1224, in lieu of for termination of production
purposes.’’. the amendment in the nature of a sub- lines for HH–60W aircraft.
The concurrent resolution was agreed stitute recommended by the Com- Sec. 131. Prohibition on certain reductions to
to. mittee on Armed Services printed in B–1 bomber aircraft squadrons.
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H6026 CONGRESSIONAL RECORD — HOUSE July 13, 2022
Sec. 132. Limitation on retirement of E–3 Air- Sec. 236. Study on costs associated with under- Subtitle F—Matters Relating to Depots and
borne Warning and Control Sys- performing software and informa- Ammunition Production Facilities
tem aircraft. tion technology. Sec. 361. Budgeting for depot and ammunition
Sec. 133. Requirements study and acquisition Sec. 237. Study and report on sufficiency of test production facility maintenance
strategy for the combat search and evaluation resources for cer- and repair: annual report.
and rescue mission of the Air tain major defense acquisition Sec. 362. Extension of authorization of depot
Force. programs. working capital funds for unspec-
Sec. 134. Plan for transfer of KC–135 aircraft to Sec. 238. Periodic reports on risk distribution ified minor military construction.
the Air National Guard. within research, development, Sec. 363. Modification to minimum capital in-
Sec. 135. Annual report on T–7A Advanced test, and evaluation activities. vestment for certain depots.
Pilot Training System. TITLE III—OPERATION AND Sec. 364. Continuation of requirement for bien-
Sec. 136. Report on F–22 aircraft force laydown. MAINTENANCE nial report on core depot-level
Subtitle D—Defense-wide, Joint, and Subtitle A—Authorization of Appropriations maintenance and repair.
Multiservice Matters Sec. 365. Continuation of requirement for an-
Sec. 301. Authorization of appropriations.
Sec. 141. Charging stations at commissary stores Subtitle B—Energy and Environment nual report on funds expended for
and military exchanges. performance of depot-level main-
Sec. 142. Increase Air Force and Navy use of Sec. 311. Equivalent authority for environ-
tenance and repair workloads.
used commercial dual-use parts in mental restoration projects at Na-
Sec. 366. Five-year plans for improvements to
certain aircraft and engines. tional Guard training sites.
depot and ammunition production
Sec. 143. Assessment and report on military ro- Sec. 312. Amendment to budgeting of Depart-
facility infrastructure.
tary wing aircraft industrial base. ment of Defense relating to ex-
Sec. 367. Clarification of calculation for certain
treme weather.
TITLE II—RESEARCH, DEVELOPMENT, Sec. 313. Prototype and demonstration projects workload carryover of Depart-
TEST, AND EVALUATION for energy resilience at certain ment of Army.
Subtitle A—Authorization of Appropriations military installations. Subtitle G—Reports
Sec. 201. Authorization of appropriations. Sec. 314. Pilot program for transition of certain Sec. 371. Annual reports by Deputy Secretary of
Subtitle B—Program Requirements, Restrictions, nontactical vehicle fleets of De- Defense on activities of Joint
and Limitations partment of Defense to electric ve- Safety Council.
Sec. 211. Clarification of role of senior official hicles. Sec. 372. Quarterly reports on expenditures for
Sec. 315. Pilot program on use of sustainable establishment of fuel distribution
with principal responsibility for
aviation fuel. points in INDOPACOM area of
artificial intelligence and machine
Sec. 316. Policy to increase disposition of spent responsibility.
learning.
advanced batteries through recy-
Sec. 212. Role of the Chief Digital and Artificial Subtitle H—Other Matters
cling.
Intelligence Officer in fostering Sec. 317. Guidance and target deadline relating Sec. 381. Accountability for military working
interoperability among joint force to formerly used defense sites pro- dogs.
systems. grams. Sec. 382. Membership of Coast Guard on Joint
Sec. 213. Modification of defense laboratory Sec. 318. Budget information for alternatives to Safety Council.
modernization pilot program. burn pits. Sec. 383. Requirement of Secretary of Defense to
Sec. 214. Support for research and development reimburse State costs of fighting
of bioindustrial manufacturing Subtitle C—Red Hill Bulk Fuel Facility
certain wildland fires.
processes. Sec. 331. Defueling of Red Hill Bulk Fuel Stor-
Sec. 384. Expanded consultation in training of
Sec. 215. Activities to support the use of metal age Facility.
Sec. 332. Activities prior to decommissioning of National Guard personnel on
additive manufacturing for the
Red Hill Bulk Storage Facility. wildfire response.
subsurface fleet of the Navy. Sec. 385. Interagency collaboration and exten-
Sec. 216. Digital mission operations platform for Sec. 333. Limitation on use of funds pending
award of certain projects and im- sion of pilot program on military
the Space Force.
plementation of certain rec- working dogs and explosives de-
Sec. 217. Air-breathing test capacity upgrade to
ommendations. tection.
support critical hypersonic weap-
Sec. 334. Placement of sentinel or monitoring Sec. 386. Establishment of Army and Air Force
ons development.
Sec. 218. Information on use of commercial soft- wells in proximity to Red Hill Safety Commands; implementa-
ware for the warfighter machine Bulk Fuel Facility. tion of accident investigation rec-
interface of the Army. Sec. 335. Report on Department of Defense ef- ommendations.
Sec. 219. Measures to increase the capacity of forts to track health implications Sec. 387. National standards for Federal fire
historically Black colleges and of fuel leaks at Red Hill Bulk protection at military installa-
universities and other minority- Fuel Facility. tions.
serving institutions to achieve Sec. 336. Studies relating to water needs of the Sec. 388. Pilot program for tactical vehicle safe-
very high research activity status. Armed Forces on Oahu. ty data collection.
Sec. 220. Pilot program to support the develop- Sec. 337. Study on alternative uses for Red Hill TITLE IV—MILITARY PERSONNEL
ment of patentable inventions in Bulk Fuel Facility. AUTHORIZATIONS
the Department of the Navy. Subtitle D—Treatment of Perfluoroalkyl Subtitle A—Active Forces
Sec. 221. Pilot program to facilitate the re- Substances and Polyfluoroalkyl Substances
Sec. 401. End strengths for active forces.
search, development, and produc- Sec. 341. Prizes for development of non-PFAS- Sec. 402. Revisions in permanent active duty
tion of advanced battery tech- containing turnout gear. end strength minimum levels.
nologies for warfighters. Sec. 342. Modification to restriction on Depart-
Sec. 222. Pilot program on research and devel- ment of Defense procurement of Subtitle B—Reserve Forces
opment of plant-based protein for certain items containing Sec. 411. End strengths for Selected Reserve.
the Navy. perfluorooctane sulfonate or Sec. 412. End strengths for Reserves on active
Subtitle C—Plans, Reports, and Other Matters perfluorooctanoic acid. duty in support of the Reserves.
Sec. 231. Modification of national security Sec. 343. Prohibition on purchase by Depart- Sec. 413. End strengths for military technicians
strategy for national technology ment of Defense of firefighting (dual status).
and industrial base. equipment containing per- and Sec. 414. Maximum number of reserve personnel
Sec. 232. Defense Advanced Research Projects polyfluoroalkyl substances. authorized to be on active duty
Agency Innovation Fellowship Sec. 344. Standards for response actions with for operational support.
Program. respect to PFAS contamination. Subtitle C—Authorization of Appropriations
Sec. 233. Report on efforts to increase the par- Sec. 345. List of certain PFAS uses deemed es-
Sec. 421. Military personnel.
ticipation of historically Black sential; briefings on Department
of Defense procurement of certain TITLE V—MILITARY PERSONNEL POLICY
colleges and universities and
other minority-serving institutions items containing PFOS or PFOA. Subtitle A—Officer Personnel Policy
in the research and development Subtitle E—Logistics and Sustainment Sec. 501. Distribution of commissioned officers
activities of the Department of Sec. 351. Resources required for achieving mate- on active duty in general officer
Defense. riel readiness metrics and objec- and flag officer grades.
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Sec. 234. Assessment of test infrastructure and tives for major defense acquisition Sec. 502. Authorized strength after December
priorities related to hypersonic ca- programs. 31, 2022: general officers and flag
pabilities and related technologies Sec. 352. Annual plan for maintenance and officers on active duty.
and hypersonic test strategy. modernization of naval vessels. Sec. 503. Exclusion of lead special trial counsel
Sec. 235. Independent review and assessment of Sec. 353. Independent study relating to fuel dis- from limitations on general offi-
test and evaluation resource plan- tribution logistics across United cers and flag officers on active
ning. States Indo-Pacific Command. duty.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6027
Sec. 504. Constructive service credit for certain Sec. 539A. Limitation on availability of funds Sec. 573. Expansion of pilot program to provide
officers of the Armed Forces: au- for relocation of Army CID special financial assistance to members of
thorization; special pay. agent training course. the Armed Forces for in-home
Sec. 505. Clarification of grade of Surgeon Gen- Sec. 539B. Recommendations for sentencing of child care.
eral of the Navy. marijuana-based offenses under Sec. 574. Extension of pilot program to expand
Sec. 506. Assessments of staffing in the Office of the Uniform Code of Military Jus- eligibility for enrollment at domes-
the Secretary of Defense and tice. tic dependent elementary and sec-
other Department of Defense Sec. 539C. Report on sharing information with ondary schools.
headquarters offices. counsel for victims of offenses Sec. 575. Advisory panel on community support
Sec. 507. Survey of chaplains. under the Uniform Code of Mili- for military families with special
Sec. 508. Independent review of Army officer tary Justice. needs.
performance evaluations. Subtitle E—Other Legal Matters Sec. 576. Certain assistance to local educational
Subtitle B—Reserve Component Management Sec. 541. Clarifications of procedure in inves- agencies that benefit dependents
Sec. 511. Grades of certain chiefs of reserve tigations of personnel actions of military and civilian personnel.
components. taken against members of the Sec. 577. Verification of reporting of eligible
Sec. 512. Grade of Vice Chief of the National Armed Forces in retaliation for federally connected children for
Guard Bureau. protected communications. purposes of Federal impact aid
Sec. 513. Backdating of effective date of rank Sec. 542. Primary prevention of violence. programs.
for reserve officers in the National Sec. 543. Treatment of certain complaints from Sec. 578. EFMP grant program.
Guard due to undue delays in members of the Armed Forces. Sec. 579. Promotion of certain child care assist-
Federal recognition. Sec. 544. Pilot program on financial assistance ance.
Sec. 514. Financial assistance program for spe- for victims of domestic violence. Sec. 579A. Recommendations for the improve-
cially selected members: Army Re- Sec. 545. Agreements with civilian victim service ment of the Military Interstate
serve and Army National Guard. agencies. Children’s Compact.
Sec. 515. Inspections of National Guard. Sec. 546. Activities to improve information shar- Sec. 579B. Industry roundtable on military
Sec. 516. Requirement of consent of the chief ing and collaboration on matters spouse hiring.
executive officer for certain full- relating to the prevention of and Sec. 579C. Feasibility study and report on pilot
time National Guard duty per- response to domestic abuse and program to provide POTFF serv-
formed in a State, Territory, or child abuse and neglect among ices to separating members of spe-
the District of Columbia. military families. cial operations forces and certain
Sec. 517. Extension of National Guard support Subtitle F—Member Education family members.
for FireGuard program. Sec. 551. Increase in maximum number of stu- Subtitle I—Decorations and Awards
Sec. 518. Notice to Congress before certain ac- dents enrolled at Uniformed Serv- Sec. 581. Authority to award the Medal of
tions regarding units of certain ices University of the Health Honor to a member of the Armed
reserve components. Sciences. Forces for acts of valor while a
Sec. 519. Plan to ensure reasonable access to Sec. 552. Authorization of certain support for prisoner of war.
the Junior Reserve Officers’ military service academy founda- Sec. 582. Authorization for award of the Medal
Training Corps. tions. of Honor to David R. Halbruner
Subtitle C—General Service Authorities and Sec. 553. Agreement by a cadet or midshipman for acts of valor on September 11-
Military Records to play professional sport con- 12, 2012.
Sec. 521. Notification to next of kin upon the stitutes a breach of service obliga- Sec. 583. Authorization for posthumous award
death of a member of the Armed tion. of Medal of Honor to Master Ser-
Forces. Sec. 554. Naval Postgraduate School: attend- geant Roderick W. Edmonds for
Sec. 522. Direct acceptance of gifts from certain ance by enlisted members. acts of valor during World War II.
sources by enlisted members. Sec. 555. Authority to waive tuition at United Subtitle J—Miscellaneous Reports and Other
Sec. 523. Limitation of extension of period of States Air Force Institute of Tech- Matters
active duty for a member who ac- nology for certain private sector
civilians. Sec. 591. Electronic notarization for members of
cepts a fellowship, scholarship, or
Sec. 556. Terms of Provost and Academic Dean the Armed Forces.
grant.
of the United States Air Force In- Sec. 592. Disinterments from national ceme-
Sec. 524. Elimination of time limit for manda-
stitute of Technology. teries.
tory characterizations of adminis-
Sec. 557. Establishment of consortium for cur- Sec. 593. Clarification of authority of NCMAF
trative discharges of certain mem-
ricula in military education. to update Chaplains Hill at Ar-
bers on the basis of failure to re-
Sec. 558. Establishment of consortium of institu- lington National Cemetery.
ceive COVID-19 vaccine. Sec. 594. Notifications on manning of afloat
Sec. 525. Prohibition on use of photographs by tions of military education for cy-
bersecurity matters. naval forces.
certain military promotion boards.
Sec. 559. Commission on Professional Military Sec. 595. Pilot program on car sharing on mili-
Sec. 526. Gender-neutral fitness standards for
Education. tary installations in Alaska.
combat military occupational spe-
Subtitle G—Member Training and Transition Sec. 596. Support for members who perform du-
cialties of the Army.
ties regarding remotely piloted
Sec. 527. Retention and recruitment of members Sec. 561. Information regarding apprenticeships aircraft: study; report.
of the Army who specialize in air for members during initial entry Sec. 597. Review of marketing and recruiting of
and missile defense systems. training. the Department of Defense.
Sec. 528. Pilot program on remote personnel Sec. 562. Extremist activity by a member of the Sec. 598. Report on recruiting efforts of the
processing in the Army. Armed Forces: notation in service Army.
Subtitle D—Military Justice record; TAP counseling.
Sec. 563. Codification of Skillbridge program. TITLE VI—COMPENSATION AND OTHER
Sec. 531. Sexual Harassment Independent In- PERSONNEL BENEFITS
Sec. 564. Training on digital citizenship and
vestigations and Prosecution.
Sec. 532. Matters in connection with special media literacy in annual cyber Subtitle A—Basic Pay and Allowances
trial counsel. awareness training for certain Sec. 601. Exclusion of BAH from gross house-
Sec. 533. Standards for imposition of com- members. hold income for purposes of basic
Sec. 565. Pilot grant program to supplement the needs allowance.
manding officer’s non-judicial
transition assistance program of Sec. 602. Basic allowance for housing for a
punishment.
Sec. 534. Special trial counsel of the Air Force. the Department of Defense. member without dependents
Sec. 535. Financial assistance for victims of of- Sec. 566. Female members of certain Armed whose relocation would finan-
fenses under the Uniform Code of Forces and civilian employees of cially disadvantage such member.
Military Justice. the Department of Defense in Sec. 603. Temporary continuation of rate of
Sec. 536. Addressing sex-related offenses and STEM. basic allowance for housing for
sexual harassment involving mem- Sec. 567. Skillbridge: apprenticeship programs. members of the Armed Forces
bers of the National Guard. Subtitle H—Military Family Readiness and whose sole dependent dies while
Sec. 537. Prohibition on sharing of information Dependents’ Education residing with the member.
on domestic violence incidents. Sec. 571. Clarification and expansion of author- Sec. 604. Allowance for gym membership for cer-
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Sec. 538. Mandatory notification of members of ization of support for chaplain- tain members of the Armed Forces
the Armed Forces identified in led programs for members of the who reside more than 10 miles
certain records of criminal inves- Armed Forces. from a military installation.
tigations. Sec. 572. Rights of parents of children attend- Sec. 605. Revival and redesignation of provision
Sec. 539. Sentencing parameters under the Uni- ing schools operated by the De- establishing benefits for certain
form Code of Military Justice for partment of Defense Education members assigned to the Defense
hate crimes. Activity. Intelligence Agency.
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H6028 CONGRESSIONAL RECORD — HOUSE July 13, 2022
Sec. 606. Reimbursement of certain child care TITLE VII—HEALTH CARE PROVISIONS Sec. 762. Mandatory training on health effects
costs incident to a permanent Subtitle A—TRICARE and Other Health Care of perfluoroalkyl or
change of station or assignment. Benefits polyfluoroalkyl substances.
Sec. 607. Allowable travel and transportation Sec. 701. Clarification of coverage of artificial Sec. 763. Non-medical counseling services for
allowances: complex overhaul. reproductive services for certain military families.
Sec. 608. Expansion of authority to reimburse a TRICARE beneficiaries. Sec. 764. Clarifications relating to analysis of
member of the uniformed services Sec. 702. Clarification of coverage of certain Department of Defense Com-
for spousal business costs arising areolar nipple tattooing proce- prehensive Autism Demonstration
from a permanent change of sta- dures under TRICARE program. Program by National Academies.
tion. Sec. 703. TRICARE Dental for Selected Reserve. Sec. 765. Clarification of eligibility for member-
Sec. 609. Permanent authority to reimburse Sec. 704. Report requirement for certain con- ship to independent suicide pre-
members for spouse relicensing tracts under TRICARE program. vention and response review com-
costs pursuant to a permanent Sec. 705. Temporary requirement for contracep- mittee.
change of station. tion coverage parity under the Sec. 766. Improvement to Wounded Warrior
Sec. 609A. Travel and transportation allow- TRICARE program. Service Dog Program.
Sec. 706. Rates of reimbursement for providers Sec. 767. Improvements relating to behavioral
ances for certain members of the
of applied behavior analysis. health care available under mili-
Armed Forces who attend a pro- Sec. 707. Medical testing and related services
fessional military education insti- tary health system.
for firefighters of Department of Sec. 768. Assignment of behavioral health pro-
tution or training classes. Defense. viders and technicians to aircraft
Sec. 609B. Establishment of allowance for cer- Sec. 708. Audit of behavioral health care net- carriers.
tain relocations of pets of mem- work providers listed in TRICARE Sec. 769. Department of Defense internship pro-
bers of the uniformed services. directory. grams relating to civilian behav-
Sec. 609C. Extension of one-time uniform allow- Sec. 709. Independent analysis of quality and ioral health providers.
ance for officers who transfer to patient safety review process Sec. 770. Brain health initiative of Department
the Space Force. under direct care component of of Defense.
Sec. 609D. OCONUS cost of living allowance: TRICARE program. Sec. 771. Authority to conduct pilot program re-
adjustments; notice to certain Subtitle B—Health Care Administration lating to monitoring of blast over-
congressional committees. Sec. 721. Congressional notification requirement pressure exposure.
Sec. 609E. Pay for DOD and Coast Guard child to modify scope of services pro- Sec. 772. Standardization across Department of
care providers: studies; adjust- vided at military medical treat- Defense of policies relating to
ment. ment facilities. service by individuals diagnosed
Subtitle B—Bonus and Incentive Pays Sec. 722. Modification of certain deadline and with HBV.
requirement to transfer research Sec. 773. Certification program in provision of
Sec. 611. One-year extension of certain expiring
and development functions to De- mental health services to members
bonus and special pay authorities.
fense Health Agency. of the Armed Forces, veterans,
Sec. 612. Increase to maximum amounts of cer- Sec. 723. Modification of requirement to trans- and military families.
tain bonus and special pay au- fer public health functions to De- Sec. 774. Pilot program on cryopreservation and
thorities. fense Health Agency. storage.
Sec. 613. Special pay and allowances for mem- Sec. 724. Other transaction authority for stud- Sec. 775. Pilot program for participation by
bers of the Armed Forces assigned ies and demonstration projects re- members of Selected Reserve in
to cold weather operations. lating to delivery of health and health professions scholarship
Sec. 614. Authorization of incentive pay to a medical care. and financial assistance pro-
member of the Armed Forces Sec. 725. Licensure requirement for certain grams.
whose disclosure of fraud, waste, health-care professionals pro- Sec. 776. Pilot program on ensuring pharma-
or mismanagement results in cost viding services as part of mission ceutical supply stability.
savings to the military department relating to emergency, humani- Sec. 777. Establishment of partnership program
concerned. tarian, or refugee assistance. between United States and
Sec. 615. Inflation bonus pay. Sec. 726. Improvements relating to Medical Offi- Ukraine for military trauma care
Sec. 616. Establishing complex overhaul pay. cer of the Marine Corps position. and research.
Sec. 617. Air Force rated officer retention dem- Sec. 727. Authority for Department of Defense Sec. 778. Grant program for increased coopera-
onstration program. program to promote early literacy tion on post-traumatic stress dis-
among certain young children as order research between United
Subtitle C—Family and Survivor Benefits part of pediatric primary care. States and Israel.
Sec. 621. Expanded eligibility for bereavement Sec. 728. Accountability for wounded warriors Sec. 779. Suicide cluster: standardized defini-
leave for members of the Armed undergoing disability evaluation. tion for use by Department of De-
Forces. Sec. 729. Incentive payments for retention of
fense; congressional notification.
Sec. 622. Claims relating to the return of per- certain behavioral health pro-
Sec. 780. Limitation on realignment or reduc-
sonal effects of a deceased member viders.
Sec. 730. Clarification of license portability for tion of military medical manning
of the Armed Forces. end strength: certification re-
health care providers providing
Sec. 623. Expansion of authorized assistance for quirement and other reforms.
services under Reserve Health
providers of child care services to Sec. 781. Review and update of policy relating
Readiness program.
members of the Armed Forces. to command notification process
Sec. 731. Policy of Defense Health Agency on
Sec. 624. Survivor Benefit Plan open enrollment expanded recognition of board and reduction of mental health
period. certifications for physicians. stigma.
Sec. 625. Study and report on military installa- TITLE VIII—ACQUISITION POLICY, ACQUI-
Subtitle C—Studies and Reports
tions with limited child care. SITION MANAGEMENT, AND RELATED
Sec. 741. GAO study on coverage of mental
Subtitle D—Defense Resale Matters health disorders under TRICARE MATTERS
Sec. 631. Prohibition on sale of Chinese goods program and relationship to cer- Subtitle A—Acquisition Policy and Management
in commissary stores and military tain mental health parity laws. Sec. 801. Writing award to encourage curiosity
exchanges. Sec. 742. Feasibility study on establishment of and persistence in overcoming ob-
Subtitle E—Miscellaneous Rights, Benefits, and new command on defense health. stacles in acquisition.
Sec. 743. Study and awareness initiative re- Sec. 802. Data requirements for commercial item
Reports
garding use of medicinal cannabis pricing not based on adequate
Sec. 641. Transitional compensation and bene- to treat certain members of the price competition.
fits for the former spouse of a Armed Forces on terminal leave. Sec. 803. Preference for domestic foods for mili-
member of the Armed Forces who Sec. 744. Report on composition of medical per- tary working dogs.
allegedly committed a dependent- sonnel of each military depart- Sec. 804. Life cycle management and product
abuse offense during marriage. ment and related matters. support.
Sec. 642. Authorization of permissive temporary Sec. 745. Briefing and report on reduction or re- Sec. 805. Extension of requirement to submit Se-
duty for wellness. alignment of military medical
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lected Acquisition Reports.
Sec. 643. Study on basic pay. manning and medical billets. Sec. 806. Amendments to contractor employee
Sec. 644. Report on accuracy of basic allowance Subtitle D—Other Matters protections from reprisal for dis-
for housing. Sec. 761. Inclusion of exposure to perfluoroalkyl closure of certain information.
Sec. 645. Study and report on barriers to home and polyfluoroalkyl substances as Sec. 807. Enhanced domestic content require-
ownership for members of the component of periodic health as- ment for major defense acquisition
Armed Forces. sessments. programs.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6029
Sec. 808. Mission-Based Rapid Acquisition Ac- Sec. 863. Notification on retention rate policy. Sec. 1031. Availability of funds for retirement or
count. Sec. 864. Security clearance bridge pilot pro- inactivation of Littoral Combat
Subtitle B—Amendments to General Contracting gram. Ships.
Authorities, Procedures, and Limitations Sec. 865. Department of Defense national im- Subtitle D—Counterterrorism
Sec. 811. Membership of Coast Guard on Stra- perative for industrial skills pro-
Sec. 1035. Prohibition on use of funds for trans-
tegic Materials Protection Board. gram.
fer or release of individuals de-
Sec. 812 . Comptroller General assessment of ac- Sec. 866. Temporary suspension of COVID–19
tained at United States Naval
quisition programs and efforts. vaccine mandate for Department
Station, Guantanamo Bay, Cuba,
Sec. 813. Subcontracting requirements for cer- of Defense contractors.
to certain countries.
tain contracts awarded to edu- TITLE IX—DEPARTMENT OF DEFENSE
Subtitle E—Miscellaneous Authorities and
cational institutions. ORGANIZATION AND MANAGEMENT
Limitations
Sec. 814. Clarification to fixed-price incentive Subtitle A—Office of the Secretary of Defense
contract references. Sec. 1041. Modification of authority for human-
and Related Matters
Sec. 815. Modification to indemnification au- itarian demining assistance and
Sec. 901. Increase in authorized number of As- stockpiled conventional munitions
thority for research and develop-
sistant and Deputy Assistant Sec- assistance.
ment contracts.
retaries of Defense. Sec. 1042. Security clearances for recently sepa-
Sec. 816. Competition requirements for pur-
Sec. 902. Responsibilities of Assistant Secretary rated members of the Armed
chases from Federal Prison Indus-
of Defense for Special Operations Forces and civilian employees of
tries.
and Low Intensity Conflict. the Department of Defense.
Sec. 817. Clarification of authority of the De-
partment of Defense to carry out Subtitle B—Other Department of Defense Sec. 1043. Submission of national defense strat-
certain prototype projects. Organization and Management Matters egy in unclassified form.
Sec. 818. Requirements for the procurement of Sec. 911. Eligibility of Chief of the National Sec. 1044. Common access cards for Department
certain components for certain Guard Bureau for appointment as of Defense facilities for certain
naval vessels and auxiliary ships. Chairman of the Joint Chiefs of congressional staff.
Sec. 819. Modification to prohibition on oper- Staff. Sec. 1045. Introduction of entities in trans-
ation or procurement of foreign- Sec. 912. Clarification of peacetime functions of actions critical to national secu-
made unmanned aircraft systems. the Navy. rity.
Sec. 820. Extension of pilot program to accel- Sec. 913. Explosive ordnance disposal defense Sec. 1046. Repository of local nationals working
erate contracting and pricing program. for or on behalf of Federal Gov-
processes. Sec. 914. Modification of report regarding the ernment in theater of combat op-
Sec. 821. Extension and modification of Never designation of the Explosive Ord- erations.
Contract with the Enemy. nance Disposal Corps as a basic Sec. 1047. Transfers and pay of non-
Subtitle C—Provisions Relating to Acquisition branch of the Army. appropriated fund employees.
Workforce Sec. 915. Clarification of roles and responsibil- Sec. 1048. Establishment of joint training pipe-
ities for force modernization ef- line between United States Navy
Sec. 831. Key experiences and enhanced pay and Royal Australian Navy.
authority for acquisition work- forts of the Army.
Sec. 916. Report on potential transition of all Sec. 1049. Inspector General oversight of De-
force excellence. partment of Defense activities in
Sec. 832. Defense Acquisition University re- members of Space Force into a
single component. response to Russia’s further inva-
forms. sion of Ukraine.
Sec. 833. Modifications to Defense Civilian Subtitle C—Space National Guard Sec. 1050. Consultation of congressional defense
Training Corps. Sec. 921. Establishment of Space National committees in preparation of na-
Sec. 834. Repeal of certain provisions relating to Guard. tional defense strategy.
acquisition workforce incentives. Sec. 922. No effect on military installations.
Sec. 835. Acquisition workforce incentives relat- Subtitle F—Studies and Reports
Sec. 923. Implementation of Space National
ing to training on and agreements Guard. Sec. 1061. Briefing on Global Force Manage-
with certain software businesses. Sec. 924. Conforming amendments and clarifica- ment Allocation Plan.
Subtitle D—Provisions Relating to Software and tion of authorities. Sec. 1062. Extension and modification of report-
Technology ing requirement regarding en-
TITLE X—GENERAL PROVISIONS
hancement of information sharing
Sec. 841. Prizes for advanced technology Subtitle A—Financial Matters and coordination of military
achievements.
Sec. 1001. General transfer authority. training between Department of
Sec. 842. Congressional notification for pilot
Sec. 1002. Determination of budgetary effects. Homeland Security and Depart-
program to accelerate the procure-
ment and fielding of innovative Subtitle B—Counterdrug Activities ment of Defense.
technologies. Sec. 1011. Extension of authority to support a Sec. 1063. Continuation of requirement for an-
Sec. 843. Curricula on software acquisitions unified counterdrug and counter- nual report on National Guard
and cybersecurity software or terrorism campaign in Colombia. and reserve component equipment.
hardware acquisitions for covered Sec. 1064. Combatant command risk assessment
Subtitle C—Naval Vessels and Shipyards for airborne intelligence, surveil-
individuals. Sec. 1021. Navy consultation with Marine Corps
Sec. 844. Report on covered software develop- lance, and reconnaissance.
on major decisions directly con- Sec. 1065. Reports on effects of strategic compet-
ment.
cerning Marine Corps amphibious itor naval facilities in Africa.
Subtitle E—Industrial Base Matters force structure and capability. Sec. 1066. Annual reports on safety upgrades to
Sec. 851. Recognition of an association of eligi- Sec. 1022. Number of Navy operational amphib- the high mobility multipurpose
ble entities that provide procure- ious ships. wheeled vehicle fleets.
ment technical assistance. Sec. 1023. Availability of funds for retirement or Sec. 1067. Quarterly reports on Operation Spar-
Sec. 852. Update to plan on reduction of reli- inactivation of landing dock tan Shield.
ance on services, supplies, or ma- ships. Sec. 1068. Congressional notification of military
terials from covered countries. Sec. 1024. Availability of funds for retirement or information support operations in
Sec. 853. Modification to prohibition on certain inactivation of guided missile the information environment.
procurements from the Xinjiang cruisers. Sec. 1069. Department of Defense delays in pro-
Uyghur Autonomous Region. Sec. 1025. Business case analyses on disposition viding comments on Government
Sec. 854. Codification of the Department of De- of certain Government-owned dry- Accountability Office reports.
fense Mentor–Protege Program. docks. Sec. 1070. Reports on hostilities involving
Sec. 855. Microloan program; definitions. Sec. 1026. Prohibition on use of funds for retire- United States Armed Forces.
Sec. 856. Small Business Innovation Program ment of legacy maritime mine Sec. 1071. Annual report on civilian casualties
extension. countermeasures platforms. in connection with United States
Sec. 857. Prohibition on covered airport con- Sec. 1027. Deadline for 75 percent manning fill military operations.
tracts with certain entities. for ships undergoing nuclear re- Sec. 1072. Justification for transfer or elimi-
Sec. 858. Risk management for Department of fueling or defueling. nation of flying missions.
Defense supply chains. Sec. 1028. Prohibition on deactivation of Navy Sec. 1073. Equipment of Army reserve compo-
Subtitle F—Other Matters
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Combat Documentation Detach- nents: annual report to Congress.
Sec. 861. Technical correction to effective date ment 206. Sec. 1074. Public availability of reports.
of the transfer of certain title 10 Sec. 1029. Withholding of certain information Sec. 1075. Quarterly reports on expenditures for
acquisition provisions. about sunken military crafts. planning and design of infra-
Sec. 862. Regulations on use of fixed-price type Sec. 1030. Availability of funds for retirement or structure to support permanent
contracts for major defense acqui- inactivation of expeditionary United States force presence on
sition programs. transfer dock ships. Europe’s eastern flank.
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H6030 CONGRESSIONAL RECORD — HOUSE July 13, 2022
Sec. 1076. Study on military training routes and Sec. 1202. Modification to authority to provide Sec. 1306. Report on support and sustainment
special use air space near wind support for conduct of operations. for critical capabilities in the area
turbines. Sec. 1203. Extension and modification of au- of responsibility of the United
Sec. 1077. Study on Joint Task Force Indo-Pa- thority for reimbursement of cer- States Indo-Pacific Command nec-
cific. tain coalition nations for support essary to meet operational re-
Sec. 1078. Biannual Department of Defense In- provided to United States military quirements in certain conflicts
spector General reporting on re- operations. with strategic competitors.
sponse to Russian aggression and Sec. 1204. Modification to authority to build ca- Sec. 1307. Modification to Pacific Deterrence
assistance to Ukraine. pacity of foreign security forces. Initiative.
Sec. 1079. Review of security assistance pro- Sec. 1205. Public report on military capabilities Sec. 1308. Seize the Initiative.
vided to Elie Wiesel countries. of China, Iran, North Korea, and Sec. 1309. Modification to China military power
Subtitle G—Other Matters Russia. report.
Sec. 1081. Technical and conforming amend- Sec. 1206. Security cooperation programs with Sec. 1310. Modifications to public reporting of
ments. foreign partners to advance Chinese military companies oper-
Sec. 1082. Ronald V. Dellums Memorial Fellow- women, peace, and security. ating in the United States.
ship for Women of Color in Subtitle B—Matters Relating to Afghanistan Sec. 1311. Reporting on institutions of higher
STEAM. and Pakistan education domiciled in the Peo-
Sec. 1083. Combating military reliance on Rus- Sec. 1211. Extension and modification of the Af- ple’s Republic of China that pro-
sian energy. ghan Special Immigrant Visa Pro- vide support to the People’s Lib-
Sec. 1084. Commission on Civilian Harm. gram. eration Army.
Sec. 1085. Department of Defense Center for Ex- Sec. 1212. Additional matters for inclusion in Sec. 1312. Sense of Congress on inviting Taiwan
cellence in Civilian Harm Mitiga- reports on oversight in Afghani- to the Rim of the Pacific exercise.
tion. stan. Sec. 1313. Joint exercises with Taiwan.
Sec. 1086. Sense of Congress regarding naming Sec. 1213. Prohibition on transporting currency Subtitle B—Other Matters Relating to Foreign
a warship the USS Fallujah. to the Taliban and the Islamic Nations
Sec. 1087. Standardization of sectional barge Emirate of Afghanistan.
construction for Department of Sec. 1331. Support of special operations for ir-
Subtitle C—Matters Relating to Syria, Iraq, and regular warfare.
Defense use on rivers and inter- Iran
coastal waterways. Sec. 1332. Permanent extension of authority for
Sec. 1088. Sense of Congress regarding naming Sec. 1221. Extension of authority to provide as- certain payments to redress injury
warships after deceased Navy sistance to vetted Syrian groups and loss.
Medal of Honor recipients. and individuals. Sec. 1333. Extension of United States-Israel co-
Sec. 1089. Sense of Congress regarding the serv- Sec. 1222. Extension and modification of au- operation to counter unmanned
ice and crew of the USS Okla- thority to provide assistance to aerial systems.
homa City. counter the Islamic State of Iraq Sec. 1334. Modification and extension of United
Sec. 1090. Target date for deployment of 5G and Syria. States-Israel cooperation to
wireless broadband infrastructure Sec. 1223. Extension of authority to support op- counter unmanned aerial systems.
at all military installations. erations and activities of the Of- Sec. 1335. Modification to initiative to support
Sec. 1091. Inclusion of Air Force student pilots fice of Security Cooperation in protection of national security
in personnel metrics for estab- Iraq. academic researchers from undue
lishing and sustaining dining fa- Sec. 1224. Extension and modification of report influence and other security
cilities at Air Education and on the military capabilities of threats.
Training Commands. Iran and related activities.
Sec. 1225. Prohibition on transfers to Iran. TITLE XIV—OTHER AUTHORIZATIONS
Sec. 1092. Sense of Congress regarding conduct Subtitle A—Military Programs
of international naval review on Subtitle D—Matters Relating to Russia
July 4, 2026. Sec. 1231. Extension of limitation on military Sec. 1401. Working capital funds.
Sec. 1093. Sense of Congress regarding crisis at cooperation between the United Sec. 1402. Chemical agents and munitions de-
the Southwest border. States and Russia. struction, defense.
Sec. 1094. National Commission on the Future Sec. 1232. Modification and extension of Sec. 1403. Drug interdiction and counter-drug
of the Navy. Ukraine Security Assistance Ini- activities, defense-wide.
Sec. 1095. Transfer of aircraft to other depart- tiative. Sec. 1404. Defense Inspector General.
ments for wildfire suppression and Sec. 1233. Prohibition on availability of funds Sec. 1405. Defense health program.
other purposes. relating to sovereignty of Russia Subtitle B—Other Matters
Sec. 1096. National Museum of Intelligence and over Crimea. Sec. 1411. Authority for transfer of funds to
Special Operations. Sec. 1234. Assessment of Russian strategy in joint Department of Defense-De-
TITLE XI—CIVILIAN PERSONNEL MATTERS Ukraine. partment of Veterans Affairs
Sec. 1235. Report on efforts by the Russian Fed-
Sec. 1101. One-year extension of authority to Medical Facility Demonstration
eration to expand its presence and
waive annual limitation on pre- Fund for Captain James A. Lovell
influence in Latin America and
mium pay and aggregate limita- Health Care Center, Illinois.
the Caribbean. Sec. 1412. Authorization of appropriations for
tion on pay for Federal civilian
employees working overseas. Subtitle E—Matters Relating to Europe and Armed Forces Retirement Home.
Sec. 1102. One-year extension of temporary au- NATO Sec. 1413. Study and pilot program on semi-
thority to grant allowances, bene- Sec. 1261. Sense of Congress on United States conductors and the National De-
fits, and gratuities to civilian per- defense posture in Europe fol- fense Stockpile.
sonnel on official duty in a com- lowing the further invasion of Sec. 1414. Restoring essential energy and secu-
bat zone. Ukraine. rity holdings onshore for rare
Sec. 1103. Standardized credentials for law en- Sec. 1262. Sense of Congress on NATO member- earths.
forcement officers of the Depart- ship for Finland and Sweden. Subtitle C—Homeland Acceleration of Recov-
ment of Defense. TITLE XIII—OTHER MATTERS RELATING ering Deposits and Renewing Onshore Critical
Sec. 1104. Temporary extension of authority to TO FOREIGN NATIONS Keystones
provide security for former De- Subtitle A—Matters Relating to the Indo-Pacific Sec. 1421. Authority to acquire materials for
partment of Defense officials. Region
Sec. 1105. Increase in positions eligible for en- National Defense Stockpile to ad-
hanced pay authority for certain Sec. 1301. Modification to annual report on dress shortfalls.
research and technology positions military and security develop- Sec. 1422. Report on modifications to the na-
in science and technology re- ments involving the People’s Re- tional technology and industrial
invention laboratories. public of China. base.
Sec. 1106. GAO Report on Federal Employee Sec. 1302. Sense of Congress on South Korea. TITLE XV—CYBER AND INFORMATION
Sec. 1303. Sense of Congress on Taiwan defense OPERATIONS MATTERS
Paid Leave Act.
Sec. 1107. Inflation bonus pay for certain De- relations.
Sec. 1304. Sense of Congress and report on Subtitle A—Cyber Matters
partment of Defense civilian em-
United States security cooperation Sec. 1501. Improvements to Principal Cyber Ad-
ployees.
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with India. visors.
Sec. 1108. Flexible workplace programs.
Sec. 1305. Modification to report on resourcing Sec. 1502. Modification of office of primary re-
TITLE XII—MATTERS RELATING TO United States defense require- sponsibility for strategic cyberse-
FOREIGN NATIONS ments for the Indo-Pacific region curity program.
Subtitle A—Assistance and Training and report on enhancing defense Sec. 1503. Establishment of cyber operations
Sec. 1201. Modifications to annual reports on cooperation with allies and part- designator and rating for the
security cooperation. ners in the Indo-Pacific. Navy.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6031
Sec. 1504. Cyber threat information collabora- Sec. 1642. Fire control architectures. TITLE XXII—NAVY MILITARY
tion environment program. Sec. 1643. Limitation on availability of certain CONSTRUCTION
Sec. 1505. Department of defense enterprise- funds until required acquisition Sec. 2201. Authorized Navy construction and
wide procurement of cyber data authority designation relating to land acquisition projects.
products and services. capability to defend the homeland Sec. 2202. Family housing.
Sec. 1506. Cybersecurity of military standards from cruise missiles. Sec. 2203. Authorization of appropriations,
for data. Sec. 1644. Limitation on availability of funds Navy.
Subtitle B—Information Operations until submission of report on lay- Sec. 2204. Extension of authority to carry out
Sec. 1511. Military operations in information ered defense for the homeland. certain fiscal year 2018 project.
Sec. 1645. Middle East integrated air and mis- Sec. 2205. Transfer of customers from electrical
environment: authority and noti-
sile defense. utility system of the Navy at
fications. Sec. 1646. Strategy to use asymmetric capabili-
Sec. 1512. Limitation on availability of certain former Naval Air Station Barber’s
ties to defeat hypersonic missile Point, Hawaii, to new electrical
funds until submission of joint
threats. system in Kalaeloa, Hawaii.
lexicon for terms related to infor- Sec. 1647. Report on integrated air and missile
mation operations. defense sensor of United States TITLE XXIII—AIR FORCE MILITARY
Sec. 1513. Joint information operations course. CONSTRUCTION
Indo-Pacific Command.
Sec. 1514. Consistency in delegation of certain Sec. 1648. Risk reduction in procurement of Sec. 2301. Authorized Air Force construction
authorities relating to information Guam missile defense system. and land acquisition projects.
operations. Sec. 1649. Plan on delivering Shared Early Sec. 2302. Family housing and improvements to
Sec. 1515. Assessment and optimization of De- Warning System data to certain military family housing units.
partment of Defense information allies and partners of the United Sec. 2303. Authorization of appropriations, Air
operations within the cyber do- States. Force.
main. Sec. 1650. Reports on ground-based intercep- Sec. 2304. Extension of authority to carry out
Subtitle C—Reports and Other Matters tors. certain fiscal year 2018 projects.
Sec. 1531. Annual reports on support by mili- Sec. 1651. Report on missile defense interceptor Sec. 2305. Modification of authority to carry
tary departments for cyberspace site in contiguous United States. out certain fiscal year 2021
operations. Subtitle E—Other Matters project.
Sec. 1532. Independent review of posture and Sec. 1661. Cooperative threat reduction funds. Sec. 2306. Modification of authority to carry
staffing levels of Office of the Sec. 1662. Study of weapons programs that out certain military construction
Chief Information Officer. allow the Armed Forces to address projects at Tyndall Air Force
Sec. 1533. Comprehensive review of Cyber Ex- hard and deeply buried targets. Base, Florida.
cepted Service. TITLE XVII—MUNITIONS REPLENISHMENT TITLE XXIV—DEFENSE AGENCIES
Sec. 1534. Standardization of authority to oper- AND FUTURE PROCUREMENT MILITARY CONSTRUCTION
ate applications in the Depart-
Sec. 1701. Modification to Special Defense Ac- Sec. 2401. Authorized Defense Agencies con-
ment of Defense.
quisition Fund. struction and land acquisition
TITLE XVI—SPACE ACTIVITIES, STRA- Sec. 1702. Development of technologies with re- projects.
TEGIC PROGRAMS, AND INTELLIGENCE spect to critical, preferred, and Sec. 2402. Authorized Energy Resilience and
MATTERS precision-guided conventional Conservation Investment Program
Subtitle A—Space Activities munitions. projects.
Sec. 1601. Requirements for protection of sat- Sec. 1703. Sense of Congress and quarterly Sec. 2403. Authorization of appropriations, De-
ellites. briefings on replenishment and re- fense Agencies.
Sec. 1602. Strategy on protection of satellites. vitalization of stocks of tactical Sec. 2404. Extension of authority to carry out
Sec. 1603. National Security Space Launch pro- missiles provided to Ukraine. certain fiscal year 2018 projects.
gram. Sec. 1704. Assessment of acquisition objectives TITLE XXV—INTERNATIONAL PROGRAMS
Sec. 1604. Responsive space strategy, principles, for Patriot air and missile defense
Subtitle A—North Atlantic Treaty Organization
model architecture, and imple- battalions.
Sec. 1705. Federally funded research and devel- Security Investment Program
mentation plans.
Sec. 1605. Responsive space demonstrations. opment center analysis of Depart- Sec. 2501. Authorized NATO construction and
Sec. 1606. Allied responsive space capabilities. ment of Defense capability and land acquisition projects.
Sec. 1607. Report on tactically responsive space capacity to replenish missile and Sec. 2502. Authorization of appropriations,
capabilities. munition inventories. NATO.
Sec. 1608. Sense of Congress on Range of the Sec. 1706. Out-Year Unconstrained Total Muni- Subtitle B—Host Country In-Kind Contributions
Future and support to commercial tions Requirement, Out-Year in- Sec. 2511. Republic of Korea funded construc-
space launch activity. ventory numbers, and critical mu- tion projects.
Subtitle B—Defense Intelligence and nitions reserve. Sec. 2512. Repeal of authorized approach to cer-
Intelligence-Related Activities Sec. 1707. Identification of subcontractors for tain construction project.
critical munitions contracts.
Sec. 1621. Congressional oversight of clandes- Sec. 1708. Study on stockpiles and production TITLE XXVI—GUARD AND RESERVE
tine activities that support oper- of critical guided munitions. FORCES FACILITIES
ational preparation of the envi- Sec. 2601. Authorized Army National Guard
DIVISION B—MILITARY CONSTRUCTION
ronment. construction and land acquisition
Sec. 1622. Executive agent for explosive ord- AUTHORIZATIONS
projects.
nance intelligence. Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and Sec. 2602. Authorized Army Reserve construc-
Sec. 1623. Information on cover and cover sup- tion and land acquisition projects.
port activities. amounts required to be specified
Sec. 2603. Authorized Air National Guard con-
by law.
Subtitle C—Nuclear Forces struction and land acquisition
Sec. 2003. Effective date and automatic execu-
Sec. 1631. Improvements to Nuclear Weapons tion of conforming changes to ta- projects.
Council. bles of sections, tables of contents, Sec. 2604. Authorized Air Force Reserve con-
Sec. 1632. Portfolio management framework for and similar tabular entries. struction and land acquisition
nuclear forces. projects.
TITLE XXI—ARMY MILITARY Sec. 2605. Authorization of appropriations, Na-
Sec. 1633. Modification of Annual Assessment
CONSTRUCTION tional Guard and Reserve.
of Cyber Resilience of Nuclear
Command and Control System. Sec. 2101. Authorized Army construction and Sec. 2606. Corrections to authority to carry out
Sec. 1634. Nuclear-capable sea-launched cruise land acquisition projects. certain fiscal year 2022 projects.
missile. Sec. 2102. Family housing. Sec. 2607. Extension of authority to carry out
Sec. 1635. Limitation on availability of certain Sec. 2103. Authorization of appropriations, certain fiscal year 2018 projects.
funds until submission of infor- Army.
Sec. 2104. Demolition of District of Columbia TITLE XXVII—BASE REALIGNMENT AND
mation relating to proposed budg- CLOSURE ACTIVITIES
et for nuclear-armed sea-launched Fort McNair Quarters 4, 13, and
15. Sec. 2701. Authorization of appropriations for
cruise missile. base realignment and closure ac-
Sec. 2105. Modification of authority to carry
Sec. 1636. Prohibition on reduction of the inter-
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out certain fiscal year 2019 tivities funded through Depart-
continental ballistic missiles of the ment of Defense Base Closure Ac-
project.
United States. count.
Sec. 2106. Extension of authority to carry out
Subtitle D—Missile Defense Programs certain fiscal year 2018 projects. Sec. 2702. Authorization to fund certain demoli-
Sec. 1641. Repeal of requirement to transition Sec. 2107. Modification of authority to carry tion and removal activities
ballistic missile defense programs out certain fiscal year 2018 through Department of Defense
to the military departments. projects. Base Closure Account.
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H6032 CONGRESSIONAL RECORD — HOUSE July 13, 2022
TITLE XXVIII—MILITARY CONSTRUCTION Subtitle G—Miscellaneous Studies and Reports Sec. 3202. Continuation of functions and pow-
GENERAL PROVISIONS Sec. 2861. FFRDC study on practices with re- ers during loss of quorum.
Subtitle A—Military Construction Program spect to development of military TITLE XXXIV—NAVAL PETROLEUM
Changes construction projects. RESERVES
Sec. 2801. Modification of annual locality ad- Subtitle H—Other Matters Sec. 3401. Authorization of appropriations.
justment of dollar thresholds ap- Sec. 2871. Defense community infrastructure TITLE XXXV—MARITIME SECURITY
plicable to unspecified minor mili- program. Subtitle A—Maritime Administration
tary construction authorities. Sec. 2872. Inclusion in Defense Community In-
Sec. 2802. Military construction projects for in- Sec. 3501. Authorization of the Maritime Ad-
frastructure Pilot Program of cer- ministration.
novation, research, development, tain projects for ROTC training.
test, and evaluation. Sec. 3502. Secretary of Transportation responsi-
Sec. 2873. Basing decision scorecard consistency bility with respect to cargoes pro-
Sec. 2803. Further clarification of requirements and transparency.
related to authorized cost and cured, furnished, or financed by
Sec. 2874. Lease or use agreement for category 3 other Federal departments and
scope of work variations. subterranean training facility.
Sec. 2804. Use of operation and maintenance agencies.
Sec. 2875. Required consultation with State and Sec. 3503. United States marine highway pro-
funds for certain construction local entities on issues related to
projects outside the United States. gram.
increase in number of military Sec. 3504. Multistate, State, and regional trans-
Sec. 2805. Increase in maximum approved cost personnel at military installa-
of unspecified minor military con- portation planning.
tions.
struction projects. Subtitle B—Merchant Marine Academy
Sec. 2876. Required investments in improving
Sec. 2806. Increase in unspecified minor mili- child development centers. Sec. 3511. Appointment of Superintendent of
tary construction authority for Sec. 2877. Limitation on use of funds for closure United States Merchant Marine
laboratory revitalization projects. of combat readiness training cen- Academy.
Sec. 2807. Permanent application of dollar lim- Sec. 3512. Exemption of certain students from
ters.
its for location and application to requirement to obtain merchant
Sec. 2878. Pilot program on use of mass timber
projects outside the United States. mariner license.
in military construction projects.
Sec. 2808. Prohibition on availability of funds Sec. 3513. Protection of cadets from sexual as-
Sec. 2879. Contributions for climate resilience
for special operations forces mili- sault onboard vessels.
for North Atlantic Treaty Organi-
tary construction. Sec. 3514. Requirements relating to training of
zations Security Investment.
Sec. 2809. Requirements relating to certain mili- Merchant Marine Academy cadets
Sec. 2880. Screening and registry of individuals
tary construction projects. on certain vessels.
with health conditions resulting
Subtitle B—Continuation of Military Housing from unsafe housing units. Sec. 3515. Reports on matters relating to the
Reforms Sec. 2881. Recognition of Memorial, Memorial United States Merchant Marine
Sec. 2811. Standardization of military installa- Garden, and K9 Memorial of the Academy.
tion Housing Requirements and National Navy UDT-SEAL Mu- Subtitle C—Vessels
Market Analyses. seum in Fort Pierce, Florida, as a Sec. 3521. Waiver of navigation and vessel-in-
Sec. 2812. Notice requirement for MHPI ground national memorial, memorial gar- spection laws.
lease extensions. den, and K9 memorial, respec- Sec. 3522. Certificates of numbers for undocu-
Sec. 2813. Annual briefings on military housing tively, of Navy SEALs and their mented vessels.
privatization projects. predecessors. Sec. 3523. Recapitalization of National Defense
Sec. 2814. Privatization of Navy and Air Force TITLE XXIX—SCIENCE AND TECHNOLOGY Reserve Fleet.
transient housing. MILITARY CONSTRUCTION Sec. 3524. Cargoes procured, furnished, or fi-
Sec. 2815. Military housing feedback tool. nanced by the United States Gov-
Sec. 2901. Authorized Army construction and
Subtitle C—Real Property and Facilities ernment.
land acquisition projects.
Administration Sec. 2902. Authorized Navy construction and Subtitle D—Reports and Other Matters
Sec. 2821. Authorized land and facilities trans- land acquisition project. Sec. 3532. National maritime transportation re-
fer to support contracts with Fed- Sec. 2903. Authorized Air Force construction port and strategy.
erally Funded Research and De- and land acquisition projects. DIVISION D—FUNDING TABLES
velopment Centers. Sec. 2904. Authorization of appropriations.
Sec. 2822. Restoration or replacement of dam- Sec. 4001. Authorization of amounts in funding
DIVISION C—DEPARTMENT OF ENERGY tables.
aged, destroyed, or economically
NATIONAL SECURITY AUTHORIZATIONS
unrepairable facilities. TITLE XLI—PROCUREMENT
AND OTHER AUTHORIZATIONS
Sec. 2823. Defense access road program en- Sec. 4101. Procurement.
hancements to address transpor- TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS TITLE XLII—RESEARCH, DEVELOPMENT,
tation infrastructure in vicinity of
TEST, AND EVALUATION
military installations. Subtitle A—National Security Programs and
Authorizations Sec. 4201. Research, development, test, and
Subtitle D—Military Facilities Master Plan
evaluation.
Requirements Sec. 3101. National Nuclear Security Adminis-
tration. TITLE XLIII—OPERATION AND
Sec. 2831. Limitation on use of funds pending
Sec. 3102. Defense environmental cleanup. MAINTENANCE
completion of military installation
resilience component of master Sec. 3103. Other defense activities. Sec. 4301. Operation and maintenance.
plans for at-risk major military Sec. 3104. Nuclear energy. TITLE XLIV—MILITARY PERSONNEL
installations. Subtitle B—Program Authorizations, Sec. 4401. Military personnel.
Subtitle E—Matters Related to Unified Facilities Restrictions, Limitations, and Other Matters TITLE XLV—OTHER AUTHORIZATIONS
Criteria and Military Construction Planning Sec. 3111. Plutonium pit production capacity. Sec. 4501. Other authorizations.
and Design Sec. 3112. Nuclear warhead acquisition process.
Sec. 3113. Authorized personnel levels of the Of- TITLE XLVI—MILITARY CONSTRUCTION
Sec. 2841. Consideration of installation of inte-
grated solar roofing to improve fice of the Administrator. Sec. 4601. Military construction.
energy resiliency of military in- Sec. 3114. Modification to certain reporting re- TITLE XLVII—DEPARTMENT OF ENERGY
stallations. quirements. NATIONAL SECURITY PROGRAMS
Subtitle F—Land Conveyances Sec. 3115. Modifications to long-term plan for Sec. 4701. Department of Energy National Secu-
meeting national security require- rity Programs.
Sec. 2851. Extension of time frame for land con- ments for unencumbered uranium.
veyance, Sharpe Army Depot, Sec. 3116. Modification of minor construction DIVISION E—NON-DEPARTMENT OF
Lathrop, California. threshold for plant projects. DEFENSE MATTERS
Sec. 2852. Authority for transfer of administra- Sec. 3117. Prohibition on availability of funds TITLE LI—VETERANS AFFAIRS MATTERS
tive jurisdiction, Castner Range, to reconvert or retire W76–2 war- Sec. 5101. Maximum rate of interest on debts in-
Fort Bliss, Texas. heads. curred before military service ap-
Sec. 2853. Conveyance, Joint Base Charleston,
Sec. 3118. Comptroller General study on Na- plicable to military dependents.
dlhill on DSK120RN23PROD with HOUSE
South Carolina.
tional Nuclear Security Adminis- Sec. 5102. Report on handling of certain records
Sec. 2854. Land conveyance, Naval Air Station
tration management and oper- of the Department of Veterans Af-
Oceana, Dam Neck Annex, Vir-
ation contracting process. fairs.
ginia Beach, Virginia.
Sec. 2855. Land exchange, Marine Reserve TITLE XXXII—DEFENSE NUCLEAR TITLE LII—HOMELAND SECURITY
Training Center, Omaha, Ne- FACILITIES SAFETY BOARD MATTERS
braska. Sec. 3201. Authorization. Sec. 5201. Chemical Security Analysis Center.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6033
Sec. 5202. National Cybersecurity Preparedness Subtitle F—Notice of Refusal to Provide craft inventory of EA–18G aircraft of not less
Consortium. Inspectors General Access than 158 aircraft, of which not less than 126 air-
Sec. 5203. Report on cybersecurity roles and re- Sec. 5651. Notice of refusal to provide informa- craft shall be coded as primary mission aircraft
sponsibilities of the Department of tion or assistance to inspectors inventory.
Homeland Security. general. ‘‘(B) The Secretary of the Navy may reduce
Sec. 5204. Exemption of certain Homeland Secu- the number of EA–18G aircraft in the inventory
Subtitle G—Training Resources for Inspectors of the Navy below the minimum number speci-
rity fees for certain immediate rel-
General and Other Matters fied in subparagraph (A) if the Secretary deter-
atives of an individual who re-
ceived the Purple Heart. Sec. 5671. Training resources for inspectors gen- mines on a case-by-case basis, that an aircraft
Sec. 5205. Clarifications regarding scope of em- eral. is no longer mission capable and uneconomical
ployment and reemployment Sec. 5672. Definition of appropriate congres- to repair because of aircraft accidents or mis-
rights of members of the uni- sional committees. haps.
formed services. Sec. 5673. Semiannual reports. ‘‘(C) In this paragraph, the term ‘primary mis-
TITLE LIII—TRANSPORTATION AND Sec. 5674. Submission of reports that specifi- sion aircraft inventory’ means aircraft assigned
cally identify non-governmental to meet the primary aircraft authorization—
INFRASTRUCTURE MATTERS
organizations or business entities. ‘‘(i) to a unit for the performance of its war-
Sec. 5301. Calculation of active service. Sec. 5675. Review relating to vetting, proc- time mission;
Sec. 5302. Acquisition of icebreaker. essing, and resettlement of evac- ‘‘(ii) to a training unit for technical and spe-
Sec. 5303. Department of Defense civilian pilots. uees from Afghanistan and the cialized training for crew personnel or leading
Sec. 5304. Pilot program for spaceflight recovery to aircrew qualification;
Afghanistan special immigrant
operations at sea. ‘‘(iii) to a test unit for testing of the aircraft
visa program.
Sec. 5305. Port infrastructure development or its components for purposes of research, de-
grants. TITLE LVII—FEDERAL EMPLOYEE velopment, test, and evaluation, operational test
MATTERS and evaluation, or to support testing programs;
TITLE LIV—FINANCIAL SERVICES
MATTERS Sec. 5701. Appeals to Merit Systems Protection or
Board relating to FBI reprisal al- ‘‘(iv) to meet requirements for missions not
Sec. 5401. Modification to financial institution
legations; salary of Special Coun- otherwise specified in clauses (i) through (iii).’’.
definition and establishment of
sel. SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY
anti-money laundering strategy FOR ARLEIGH BURKE CLASS DE-
Sec. 5702. Minimum wage for Federal contrac-
and task force. STROYERS.
tors.
Sec. 5402. Review of Cyber-related Matters at (a) FINDINGS; SENSE OF CONGRESS.—
Sec. 5703. Federal wildland firefighter recruit-
the Department of the Treasury. (1) FINDINGS.—Congress makes the following
ment and retention.
TITLE LV—NATURAL RESOURCES findings:
TITLE LVIII—OTHER MATTERS (A) The DDG Flight III destroyer is the most
MATTERS
Sec. 5801. Afghan Allies Protection. capable large surface combatant in the world-
Sec. 5501. Ysleta del Sur Pueblo and Alabama-
Sec. 5802. Advancing Mutual Interests and wide inventory of the Department of Defense.
Coushatta Tribes of Texas Equal
Growing Our Success. (B) The Department plans to retire 18 large
and Fair Opportunity amend-
Sec. 5803. Expansion of study of PFAS contami- surface combatants over the next five years.
ment. (C) Under the future-years defense plan, the
nation.
Sec. 5502. Inclusion of Commonwealth of the Department plans to procure two DDGs per year
Sec. 5804. National research and development
Northern Mariana Islands and over the next five years.
strategy for distributed ledger
American Samoa. (2) SENSE OF CONGRESS.—It is the sense of
technology.
Sec. 5503. Amendments to Sikes Act. Congress that—
Sec. 5805. Commercial air waiver for next of kin
Sec. 5504. Brennan Reef. (A) the loss of aggregate fire power due to the
regarding transportation of re-
TITLE LVI—INSPECTOR GENERAL INDE- mains of casualties. retirement of 18 large surface combatants over
PENDENCE AND EMPOWERMENT MAT- SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
the next five years is cause for concern;
TERS (B) the Department should continue to pro-
In this Act, the term ‘‘congressional defense cure large surface combatants at the fastest pos-
Subtitle A—Inspector General Independence committees’’ has the meaning given that term in sible rate based on industrial base capacity; and
Sec. 5601. Short title. section 101(a)(16) of title 10, United States Code. (C) the Department should maximize savings
Sec. 5602. Removal or transfer of inspectors DIVISION A—DEPARTMENT OF DEFENSE and provide stability to the large surface com-
general; placement on non-duty AUTHORIZATIONS batant industrial base through the use of
status. multiyear procurement contracts for the max-
Sec. 5603. Vacancy in position of inspector gen- TITLE I—PROCUREMENT
imum number of ships, realized at a consistent
eral. Subtitle A—Authorization of Appropriations
number of ships per year.
Sec. 5604. Office of inspector general whistle- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (b) AUTHORITY FOR MULTIYEAR PROCURE-
blower complaints. Funds are hereby authorized to be appro- MENT.—Subject to section 3501 of title 10, United
Subtitle B—Presidential Explanation of Failure priated for fiscal year 2023 for procurement for States Code, the Secretary of the Navy may
to Nominate an Inspector General the Army, the Navy and the Marine Corps, the enter into one or more multiyear contracts for
Sec. 5611. Presidential explanation of failure to Air Force and the Space Force, and Defense- the procurement of up to 15 Arleigh Burke class
nominate an inspector general. wide activities, as specified in the funding table Flight III guided missile destroyers.
in section 4101. (c) AUTHORITY FOR ADVANCE PROCUREMENT.—
Subtitle C—Integrity Committee of the Council The Secretary of the Navy may enter into one or
of Inspectors General on Integrity and Effi- Subtitle B—Navy Programs
more contracts, beginning in fiscal year 2023, for
ciency Transparency SEC. 111. REQUIREMENTS RELATING TO EA–18G advance procurement associated with the de-
Sec. 5621. Short title. AIRCRAFT OF THE NAVY.
stroyers for which authorization to enter into a
Sec. 5622. Additional information to be included Section 8062 of title 10, United States Code, is multiyear procurement contract is provided
in requests and reports to Con- amended— under subsection (b), and for systems and sub-
gress. (1) by redesignating subsection (f) as sub- systems associated with such destroyers in eco-
Sec. 5623. Availability of information to Con- section (g); and nomic order quantities when cost savings are
gress on certain allegations of (2) by inserting after subsection (e) the fol- achievable.
wrongdoing closed without refer- lowing new subsection: (d) CONDITION FOR OUT-YEAR CONTRACT PAY-
ral. ‘‘(f)(1)(A) The Secretary of the Navy may MENTS.—A contract entered into under sub-
Sec. 5624. Semiannual report. not— section (b) shall provide that any obligation of
Sec. 5625. Additional reports. ‘‘(i) retire an EA–18G aircraft; the United States to make a payment under the
Sec. 5626. Requirement to report final disposi- ‘‘(ii) prepare to retire an EA–18G aircraft; contract for a fiscal year after fiscal year 2023
tion to Congress. ‘‘(iii) place an EA–18G aircraft in active stor- is subject to the availability of appropriations or
Sec. 5627. Investigations of Offices of Inspectors age status or inactive storage status; or funds for that purpose for such later fiscal year.
General of establishments by the ‘‘(iv) keep an EA–18G aircraft in a status con- (e) LIMITATION.—The Secretary of the Navy
Integrity Committee. sidered excess to the requirements of the pos- may not modify a contract entered into under
Subtitle D—Notice of Ongoing Investigations sessing command and awaiting disposition in- subsection (b) if the modification would increase
When There Is a Change in Status of Inspec- structions. the target price of the destroyer by more than 10
tor General ‘‘(B) The prohibition under subparagraph (A) percent above the target price specified in the
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shall not apply to individual EA–18G aircraft original contract or the destroyer under sub-
Sec. 5631. Notice of ongoing investigations
that the Secretary of the Navy determines, on a section (b).
when there is a change in status
case-by-case basis, to be no longer mission capa- SEC. 113. AUTHORITY FOR PROCUREMENT OF AD-
of Inspector General.
ble and uneconomical to repair because of air- DITIONAL ARLEIGH BURKE CLASS
Subtitle E—Council of the Inspectors General on craft accidents or mishaps. DESTROYER.
Integrity and Efficiency Report on Expenditures ‘‘(2)(A) Beginning on October 1, 2022, the Sec- (a) PROCUREMENT AUTHORITY.—The Secretary
Sec. 5641. CIGIE report on expenditures. retary of the Navy shall maintain a total air- of the Navy may procure one Arleigh Burke
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H6034 CONGRESSIONAL RECORD — HOUSE July 13, 2022
class Flight III guided missile destroyer, in addi- (3) a proposed cost sharing arrangement be- (A) by striking ‘‘effective October 1, 2019,’’;
tion to any other procurement of such destroy- tween the Navy and the United States Special and
ers otherwise authorized by law, to be procured Operations Command for sustaining HSC–85 air- (B) by striking ‘‘479’’ each place it appears
either— craft at full operational capabilities from fiscal and inserting ‘‘466’’.
(1) as an addition to the contract covering up year 2024 through fiscal year 2028; (2) EFFECTIVE DATE.—The amendments made
to 15 such destroyers authorized to be procured (4) identification of a replacement capability by paragraph (1) shall take effect on October 1,
under section 112 of this Act; or that would be available if prioritized and di- 2022.
(2) under a separate contract entered into in rected by the Secretary of Defense and would (b) PROHIBITION ON REDUCTION OF KC–135
fiscal year 2023. meet all operational requirements, including AIRCRAFT IN PMAI OF THE RESERVE COMPO-
(b) INCREMENTAL FUNDING.—With respect to a special operational-peculiar requirements of the NENTS.—
contract for the procurement of the destroyer combatant commands, that are fulfilled by HSC– (1) IN GENERAL.—None of the funds author-
authorized under subsection (a), the Secretary 85 aircraft as of the date of the report; and ized to be appropriated by this Act or otherwise
of the Navy may use incremental funding to (5) an estimate of the costs and a proposed made available for fiscal year 2023 for the Air
make payments under the contract. schedule for establishing the replacement capa- Force may be obligated or expended to reduce
(c) CONDITION FOR OUT-YEAR CONTRACT PAY-
bility identified in paragraph (4) over the period the number of KC–135 aircraft designated as pri-
MENTS.—A contract for the procurement of the
of five years following the date of the report. mary mission aircraft inventory within the re-
destroyer authorized under subsection (a) shall
SEC. 117. QUARTERLY BRIEFINGS ON THE CH–53K serve components of the Air Force.
provide that any obligation of the United States
to make a payment under the contract for a fis-
KING STALLION HELICOPTER PRO- (2) PRIMARY MISSION AIRCRAFT INVENTORY DE-
GRAM. FINED.—In this subsection, the term ‘‘primary
cal year after fiscal year 2023 is subject to the
(a) IN GENERAL.—Not later than 30 days after mission aircraft inventory’’ has the meaning
availability of appropriations or funds for that
the date of the enactment of this Act, and on a given that term in section 9062(i)(2)(B) of title
purpose for such later fiscal year.
quarterly basis thereafter through the end of fis- 10, United States Code.
SEC. 114. AUTHORITY FOR CERTAIN PROCURE-
MENTS FOR THE SHIP-TO-SHORE cal year 2024, the Secretary of the Navy shall SEC. 123. REQUIREMENTS RELATING TO F–22 AIR-
CONNECTOR PROGRAM. provide to the Committee on Armed Services of CRAFT.
(a) CONTRACT AUTHORITY.—The Secretary of the House of Representatives a briefing on the Section 9062 of title 10, United States Code, is
the Navy may enter into one or more contracts, progress of the CH–53K King Stallion helicopter amended by adding at the end the following
beginning with fiscal year 2023, for the procure- program. new subsection:
ment of up to 25 Ship-to-Shore Connector class (b) ELEMENTS.—Each briefing under sub- ‘‘(k)(1)(A) The Secretary of the Air Force may
craft and associated material. section (a) shall include, with respect to the CH– not—
(b) LIABILITY.—Any contract entered into 53K King Stallion helicopter program, the fol- ‘‘(i) retire an F–22 aircraft;
under subsection (a) shall provide that— lowing: ‘‘(ii) prepare to retire an F–22 aircraft; or
(1) any obligation of the United States to (1) An overview of the program schedule. ‘‘(iii) keep an F–22 aircraft in a status consid-
make a payment under the contract is subject to (2) A statement of the total cost of the pro- ered excess to the requirements of the possessing
the availability of appropriations for that pur- gram as of the date of the briefing, including command and awaiting disposition instructions
pose; and the cost of development, testing, and produc- (commonly referred to as ‘XJ’ status).
(2) that total liability of the Federal Govern- tion. ‘‘(B) The prohibition under subparagraph (A)
ment for termination of any contract entered (3) A comparison of the total cost of the pro- shall not apply to individual F–22 aircraft that
into shall be limited to the total amount of fund- gram relative to the original acquisition program the Secretary of the Air Force determines, on a
ing obligated to the contract at time of termi- baseline and the most recently approved acquisi- case-by-case basis, to be no longer mission capa-
nation. tion program baseline as of the date of the brief- ble and uneconomical to repair because of air-
SEC. 115. AUTHORITY TO PROCURE AIRFRAMES ing. craft accidents or mishaps.
AND ENGINES FOR CH–53K KING (4) An assessment of the flight testing that re-
STALLION HEAVY-LIFT HELI-
‘‘(2)(A) Beginning on October 1, 2022, the Sec-
mains to be conducted under the program, in- retary of the Air Force shall maintain a total
COPTERS.
cluding any testing required for validation of aircraft inventory of F–22 aircraft of not less
(a) CONTRACT AUTHORITY.—During fiscal
correction of technical deficiencies. than 186 aircraft.
years 2023 and 2024, the Secretary of the Navy (5) An update on the status of the correction
may enter into— ‘‘(B) The Secretary of the Air Force may re-
of technical deficiencies under the program and duce the number of F–22 aircraft in the inven-
(1) a single contract for the procurement of up
any effects on the program schedule resulting tory of the Air Force below the minimum number
to 30 airframes in support of the CH–53K heavy-
from the discovery and correction of such defi- specified in subparagraph (A) if the Secretary
lift helicopter program; and
(2) a single contract for the procurement of up ciencies. determines on a case-by-case basis, that an air-
to 90 engines in support of such program. (c) CONFORMING REPEAL.—Section 132 of the craft is no longer mission capable and uneco-
(b) LIABILITY.—Any contract entered into National Defense Authorization Act for Fiscal nomical to repair because of aircraft accidents
under subsection (a) shall provide that— Year 2020 (Public Law 116–92; 133 Stat. 1238) is or mishaps.
(1) any obligation of the United States to repealed. ‘‘(3) Not later than October 1, 2029, the Sec-
make a payment under the contract is subject to Subtitle C—Air Force Programs retary of the Air Force shall ensure that all F–
the availability of appropriations for that pur- SEC. 121. MODIFICATION OF INVENTORY RE- 22 aircraft of the Air Force are equipped with—
pose; and QUIREMENTS FOR AIRCRAFT OF THE ‘‘(A) Block 30/35 mission systems, sensors, and
(2) that total liability of the Federal Govern- COMBAT AIR FORCES. weapon employment capabilities; or
ment for termination of any contract entered (a) TOTAL FIGHTER AIRCRAFT INVENTORY RE- ‘‘(B) mission systems, sensors, and weapon
into shall be limited to the total amount of fund- QUIREMENTS.—Section 9062(i)(1) of title 10, employment capabilities more advanced than
ing obligated to the contract at time of termi- United States Code, is amended by striking those described in subparagraph (A).’’.
nation. ‘‘1,970’’ and inserting ‘‘1,800’’. SEC. 124. MODIFICATION OF INVENTORY RE-
SEC. 116. PROHIBITION ON AVAILABILITY OF (b) A–10 MINIMUM INVENTORY REQUIRE- QUIREMENTS AND LIMITATIONS RE-
FUNDS FOR RETIREMENT OF HSC–85 LATING TO CERTAIN AIR REFUELING
MENTS.—
AIRCRAFT. TANKER AIRCRAFT.
(1) Section 134(d) of the National Defense Au-
(a) PROHIBITIONS.—None of the funds author- Section 137 of the National Defense Author-
thorization Act for Fiscal Year 2017 (Public Law
ized to be appropriated by this Act or otherwise ization Act for Fiscal Year 2022 (Public Law
114–328; 130 Stat. 2038) is amended by striking
made available for fiscal year 2023 for the Navy 117–81; 135 Stat. 1576) is amended—
‘‘171’’ and inserting ‘‘153’’.
may be obligated or expended— (1) by striking subsection (b); and
(1) to retire, prepare to retire, transfer, or (2) Section 142(b)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public (2) by redesignating subsections (c) and (d) as
place in storage any Helicopter Sea Combat subsections (b) and (c), respectively.
Squadron 85 aircraft (referred to in this section Law 114–92; 129 Stat. 755 ) is amended by strik-
ing ‘‘171’’ and inserting ‘‘153’’. SEC. 125. REPEAL OF AIR FORCE E–8C FORCE
as an ‘‘HSC–85 aircraft’’); or PRESENTATION REQUIREMENT.
(2) to make any changes to manning levels (c) MODIFICATION OF LIMITATION ON AVAIL-
with respect to any HSC–85 aircraft squadron. ABILITY OF FUNDS FOR DESTRUCTION OF A–10 Section 147 of the John S. McCain National
(b) REPORT REQUIRED.—The Secretary of the AIRCRAFT IN STORAGE STATUS.—Section 135(a) Defense Authorization Act for Fiscal Year 2019
Navy, in consultation with the Commander of of the National Defense Authorization Act for (Public Law 115–232; 132 Stat. 1669) is amended
the United States Special Operations Command, Fiscal Year 2017 (Public Law 114–328; 130 Stat. by striking subsection (f).
shall submit to the congressional defense com- 2039) is amended by striking ‘‘the report re- SEC. 126. MINIMUM INVENTORY OF C–130 AIR-
mittees a report that includes— quired under section 134(e)(2)’’ and inserting ‘‘a CRAFT.
(1) an explanation of the operational impact report that includes the information described in (a) MINIMUM INVENTORY REQUIREMENT.—
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of divestment of HSC–85 aircraft on the training section 134(e)(2)(C)’’. (1) IN GENERAL.—During the covered period,
and readiness of Navy special warfare units and SEC. 122. MODIFICATION OF MINIMUM INVEN- the Secretary of the Air Force shall maintain a
missions based in the west coast of the United TORY REQUIREMENT FOR AIR RE- total inventory of C–130 aircraft of not less than
States; FUELING TANKER AIRCRAFT. 271 aircraft.
(2) the estimated costs of sustaining HSC–85 (a) MINIMUM INVENTORY REQUIREMENT.— (2) EXCEPTION .—The Secretary of the Air
aircraft at full operational capability from fiscal (1) IN GENERAL.—Section 9062(j) of title 10, Force may reduce the number of C–130 aircraft
year 2024 through fiscal year 2028; United States Code, is amended— in the Air Force below the minimum number
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6035
specified in subsection (a) if the Secretary deter- SEC. 130. PROHIBITION ON AVAILABILITY OF (iii) the number of such requirements that
mines, on a case-by-case basis, that an aircraft FUNDS FOR TERMINATION OF PRO- would be fulfilled by a reduced fleet of 16 E–3
DUCTION LINES FOR HH–60W AIR-
is no longer mission capable because of a mishap aircraft.
CRAFT.
or other damage. (C) An assessment of whether and to what ex-
None of the funds authorized to be appro- tent a reduced fleet of 16 E–3 aircraft would af-
(3) COVERED PERIOD DEFINED.—In this sub-
priated by this Act or otherwise made available fect the level of support provided to the oper-
section, the term ‘‘covered period’’ means the
for fiscal year 2023 for the Air Force may be ob- ations of the geographic combatant commands.
period—
ligated or expended to terminate the operations (D) A comparison of the capabilities of the E–
(A) beginning at the close of the period de-
of, or to prepare to terminate the operations of, 3 aircraft with the capabilities of the E–7 air-
scribed in section 138(c) of the National Defense
a production line for HH–60W Combat Rescue craft that is proposed as a replacement for the
Authorization Act for Fiscal Year 2022 (Public
Helicopters. E–3 aircraft.
Law 117–81; 135 Stat. 1577); and
SEC. 131. PROHIBITION ON CERTAIN REDUC- (E) A comparison of the capacity required to
(B) ending on October 1, 2028. TIONS TO B–1 BOMBER AIRCRAFT
(b) PROHIBITION ON REDUCTION OF C–130 AIR- satisfy both current and future air moving tar-
SQUADRONS.
CRAFT ASSIGNED TO NATIONAL GUARD.—
get indicator and battle management and com-
(a) PROHIBITION.—During the covered period, mand and control requirements.
(1) IN GENERAL.—During fiscal year 2023, the the Secretary of the Air Force may not— (F) An acquisition strategy for the E–7 air-
Secretary of the Air Force may not reduce the (1) modify the designed operational capability craft proposed as a replacement for the E–3 air-
total number of C–130 aircraft assigned to the statement for any B–1 bomber aircraft squadron, craft that is—
National Guard below the number so assigned as in effect on the date of the enactment of this (i) approved by the Secretary of the Air Force;
as of the date of the enactment of this Act. Act, in a manner that would reduce the capa- and
(2) EXCEPTION.—The prohibition under para- bilities of such a squadron below the levels spec- (ii) includes cost and schedule data, plans for
graph (1) shall not apply to an individual C–130 ified in such statement as in effect on such date; training and fielding, and an assessment of pos-
aircraft that the Secretary of the Air Force de- or sible courses of action to accelerate the proposed
termines, on a case-by-case basis, to be no (2) reduce, below the levels in effect on such acquisition.
longer mission capable because of a mishap or date of enactment, the number of personnel as- SEC. 133. REQUIREMENTS STUDY AND ACQUISI-
other damage. signed to units responsible for the operation and TION STRATEGY FOR THE COMBAT
SEC. 127. AUTHORITY TO PROCURE UPGRADED maintenance of B–1 aircraft if such reduction SEARCH AND RESCUE MISSION OF
EJECTION SEATS FOR CERTAIN T– would affect the ability of such units to meet THE AIR FORCE.
38A AIRCRAFT. the capability described in paragraph (1). (a) REQUIREMENTS STUDY.—
The Secretary of the Air Force is authorized (b) EXCEPTION.—The prohibition under sub- (1) IN GENERAL.—The Secretary of the Air
to procure upgraded ejection seats for— section (a) shall not apply to a bomb wing for Force shall conduct a study to determine the re-
(1) all T–38A aircraft of the Air Force Global which the Secretary of the Air Force has com- quirements for the combat search and rescue
Strike Command that have not received an up- menced the process of replacing B–1 bomber air- mission of the Air Force in support of the objec-
graded ejection seat under the T–38 Ejection craft with B–21 bomber aircraft. tives of the National Defense Strategy.
Seat Upgrade Program; and (c) DEFINITIONS.—In this section: (2) ELEMENTS.—The study under paragraph
(2) all T–38A aircraft of the Air Combat Com- (1) The term ‘‘covered period’’ means the pe- (1) shall include the following:
mand that have not received an upgraded ejec- riod beginning on the date of the enactment of (A) Identification of anticipated combat
tion seat as part of such Program. this Act and ending on September 30, 2026. search and rescue mission requirements nec-
(2) The term ‘‘designed operational capability essary to meet the objectives of the most recent
SEC. 128. PROHIBITION ON AVAILABILITY OF
FUNDS FOR RETIREMENT OF C–40 statement’’ has the meaning given that term in National Defense Strategy, including—
AIRCRAFT. Air Force Instruction 10–201. (i) requirements for short-term, mid-term, and
(d) CONFORMING REPEAL.—Section 133 of the long-term contingency and steady-state oper-
(a) PROHIBITION.—None of the funds author-
National Defense Authorization Act for Fiscal ations against adversaries;
ized to be appropriated by this Act or otherwise
Year 2022 (Public Law 117–81; 135 Stat. 1574) is (ii) requirements under the Agile Combat Em-
made available for fiscal year 2023 for the Air
repealed. ployment operational scheme of the Air Force;
Force may be obligated or expended to retire,
prepare to retire, or place in storage or on SEC. 132. LIMITATION ON RETIREMENT OF E–3 (iii) requirements relating to regions and spe-
AIRBORNE WARNING AND CONTROL cific geographic areas that are expected to have
backup aircraft inventory status any C–40 air- SYSTEM AIRCRAFT.
craft. a need for combat search and rescue forces
(a) LIMITATION.— based on the combat-relevant range and pene-
(b) EXCEPTION.— (1) IN GENERAL.—Secretary of the Air Force tration capability of United States air assets
(1) IN GENERAL.—The limitation under sub- may not retire or prepare to retire more than a and associated weapon systems; and
section (a) shall not apply to an individual C– total of 13 E–3 Airborne Warning and Control (iv) the level of operational risk associated
40 aircraft that the Secretary of the Air Force System aircraft. with each likely requirement and scenario.
determines, on a case-by-case basis, to be no (2) RETIREMENT CONDITIONS.—Of the aircraft (B) An assessment of the rotary, tilt, and fixed
longer mission capable because of a Class A mis- authorized to be retired under paragraph (1)— wing aircraft and key combat search and rescue
hap. (A) up to eight aircraft may be retired at any enabling capabilities that—
(2) CERTIFICATION REQUIRED.—If the Sec- time during the period beginning on the date of (i) are needed to meet the requirements identi-
retary determines under paragraph (1) that an the enactment of this Act and ending on Octo- fied under subparagraph (A); and
aircraft is no longer mission capable, the Sec- ber 1, 2023; and (ii) have been accounted for in the budget of
retary shall submit to the congressional defense (B) up to five aircraft may be retired only the Air Force as of the date of the study.
committees a certification that the status of after the Secretary of the Air Force enters into (C) Identification of any combat search and
such aircraft is due to a Class A mishap and not a contract for the procurement of an E–7 air- rescue capability gaps, including an assessment
due to lack of maintenance or repairs or other craft. of—
reasons. (b) DESIGNATION AS PTAI.—The Secretary of (i) whether and to what extent such gaps may
SEC. 129. PROHIBITION ON AVAILABILITY OF the Air Force shall designate two E–3 aircraft as affect the ability of the Air Force to conduct
FUNDS FOR PROCUREMENT OF Primary Training Aircraft Inventory. combat search and rescue operations;
BRIDGE TANKER AIRCRAFT. (c) REPORT REQUIRED.— (ii) any capability gaps that may be created
None of the funds authorized to be appro- (1) IN GENERAL.—The Secretary of the Air by procuring fewer HH–60W aircraft than
priated by this Act or otherwise made available Force shall submit to the congressional defense planned under the program of record, including
for fiscal year 2023 for the Air Force may be ob- committees a report on the airborne warning any expected changes to the plan for fielding
ligated or expended to enter into a contract for and control capabilities and capacity of the Air such aircraft for active, reserve, and National
the procurement of the bridge tanker aircraft (as Force. Guard units; and
defined in section 136(b) of the National Defense (2) ELEMENTS.—The report under subsection (iii) any capability gaps attributable to un-
Authorization Act for Fiscal Year 2022 (Public (a) shall include the following: funded requirements.
Law 117–81)) unless such contract is awarded (A) An assessment of— (D) Identification and assessment of key cur-
using full and open competition. Notwith- (i) the airborne warning and control capabili- rent, emerging, and future technologies with po-
standing the preceding sentence, the Secretary ties and capacity of the Air Force as of the date tential application to the combat search and res-
of the Air Force may enter into a contract for of the report; and cue mission, including electric vertical takeoff
the procurement of the bridge tanker aircraft (ii) the airborne warning and control capabili- and landing, unmanned aerial systems, armed
using procedures other than full and open com- ties and capacity needed to meet the future re- air launched effects or similar armed capabili-
petition if the Secretary complies with the re- quirements of the Air Force. ties, or a combination of such technologies.
dlhill on DSK120RN23PROD with HOUSE
quirements of section 3204 of title 10, United (B) Identification of— (E) An assessment of each technology identi-
States Code, with respect to the award of such (i) air moving target indicator and battle man- fied under subparagraph (D), including (as ap-
contract and provides to the Committee on agement and command and control requirements plicable) an assessment of—
Armed Services of the House of Representatives as of the date of the report; (i) technology maturity;
a briefing that explains the reasons such con- (ii) the number of such requirements being ful- (ii) suitability to the combat search and rescue
tract cannot be awarded using full and open filled by the current fleet of 31 E–3 aircraft or mission;
competition. other capabilities; and (iii) range;
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H6036 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(iv) speed; tion, Technology, and Logistics shall submit to a charging connector type (or other means to
(v) payload capability and capacity; the Committees on Armed Services of the Senate transmit electricity to the vehicle) that—
(vi) radio frequency and infrared signatures; and the House of Representatives a report on ‘‘(1) meets applicable industry accepted stand-
(vii) operational conditions required for the the acquisition efforts of the Department of De- ards for interoperability and safety; and
use of such technology, such as runway avail- fense with respect to the T–7A Advanced Pilot ‘‘(2) is compatible with—
ability; Training System (including any associated air- ‘‘(A) electric vehicles commonly available for
(viii) survivability; craft and ground training systems). purchase by a member of the general public; and
(ix) lethality; (b) ELEMENTS.—Each report under subsection ‘‘(B) covered nontactical vehicles.
(x) potential to support combat missions other (a) shall include the following: ‘‘(b) COVERED NONTACTICAL VEHICLE DE-
than combat search and rescue; and (1) An overview of the Assistant Secretary’s FINED.—In this section, the term ‘covered non-
(xi) estimated cost. acquisition strategy for the T–7 Advanced Pilot tactical vehicle’ means any vehicle—
(3) SUBMITTAL TO CONGRESS.— Training System, including the current status of ‘‘(1) that is not a tactical vehicle designed for
(A) IN GENERAL.—Not later than March 30, the acquisition strategy as of the date of the re- use in combat; and
2023, the Secretary of the Air Force shall submit port. ‘‘(2) that is purchased or leased by the De-
to the Committees on Armed Services of the Sen- (2) The cost and schedule estimates for the partment of Defense, or by another department
ate and the House of Representatives a report program. or agency of the Federal Government for the use
on the results of the study under paragraph (1). (3) In the case of the initial report under this of the Department of Defense, pursuant to a
(B) FORM.—The report required under sub- section, the key performance parameters or the contract entered into, renewed, modified, or
paragraph (A) shall be submitted in unclassified equivalent requirements for the program. In the amended on or after October 1, 2022.’’.
form, but may include a classified annex. case of subsequent reports, any key performance (b) CLERICAL AMENDMENT.—The table of sec-
(b) ACQUISITION STRATEGY.— parameters or the equivalent requirements for tions at the beginning of such subchapter is
(1) IN GENERAL.—Based on the results of the the program that have changed since the sub- amended by adding at the end the following
study conducted under subsection (a), the Sec- mission of the previous report under this sec- new item:
retary of the Air Force shall develop a strategy tion. ‘‘2486. Electric vehicle charging stations at com-
for the acquisition of capabilities to meet the re- (4) The test and evaluation strategy and exe- missary stores and military ex-
quirements identified under such study. cution date of the testing program, including changes.’’.
(2) ELEMENTS.—The acquisition strategy any results, and a summary of testing points SEC. 142. INCREASE AIR FORCE AND NAVY USE OF
under paragraph (1) shall include— closed pertaining to the testing program. USED COMMERCIAL DUAL-USE
(A) A prioritized list of the capabilities needed (5) The logistics and sustainment strategy of PARTS IN CERTAIN AIRCRAFT AND
to meet the requirements identified under sub- ENGINES.
the program, and the planning, execution, and
section (a). implementation that has occurred related to (a) IN GENERAL.—Not later than 90 days after
(B) The estimated costs of such capabilities, that strategy as of the date of the report. the date of the enactment of this Act, the Sec-
including— (6) An explanation of the causes related to retary of the Air Force, with respect to the Air
(i) any amounts already budgeted for such ca- any engineering, manufacturing, development, Force, and the Secretary of the Navy, with re-
pabilities as of the date of the strategy, includ- testing, production, delivery, acceptance, and spect to the Navy, shall develop and implement
ing amounts already budgeted for emerging and fielding delays incurred by the program as of processes and procedures for—
future technologies; and the date of the report and any associated im- (1) the acquisition of used, overhauled, recon-
(ii) any amounts not already budgeted for pacts and subsequent efforts to address such ditioned, and remanufactured commercial dual-
such capabilities as of such date. delays. use parts; and
(C) An estimate of the date by which the ca- (2) the use of such commercial-dual use parts
(7) The post-production fielding strategy for
pability is expected to become operational. in all—
the program.
(D) A description of any requirements identi- (A) commercial derivative aircraft and en-
(8) Any other matters regarding the acquisi-
fied under subsection (a) that the Secretary of gines; and
tion of the T–7 Advanced Pilot Training System
the Air Force does not expect to meet as part of (B) aircraft used by the Air Force or Navy
that the Assistant Secretary determines to be of
the acquisition strategy and an explanation of that are based on the design of commercial prod-
critical importance to the long-term viability of
the reasons such requirements cannot be met. ucts.
the program. (b) PROCUREMENT OF PARTS.—The processes
(3) SUBMITTAL TO CONGRESS.— SEC. 136. REPORT ON F–22 AIRCRAFT FORCE
(A) IN GENERAL.—Not later than June 1, 2023, and procedures implemented under subsection
LAYDOWN.
the Secretary of the Air Force shall submit to (a) shall provide that commercial dual-use parts
Not later than April 30, 2023, the Secretary of shall be acquired—
the Committees on Armed Services of the Senate the Air Force shall submit to the Committees on
and the House of Representatives a report on (1) pursuant to competitive procedures (as de-
Armed Services of the Senate and the House of fined in section 3012 of title 10, United States
the acquisition strategy developed under para- Representatives a report on—
graph (1). Code); and
(1) the proposed plan of the Air Force for the (2) only from suppliers that provide parts that
(B) FORM.—The report required under sub- movement and basing of 186 F–22 aircraft; and
paragraph (A) shall be submitted in unclassified possess an Authorized Release Certificate Fed-
(2) the establishment of a new F–22 formal eral Aviation Administration Form 8130-3 Air-
form, but may include a classified annex. training unit, including— worthy Approval Tag from a certified repair sta-
SEC. 134. PLAN FOR TRANSFER OF KC–135 AIR- (A) the anticipated location of such unit;
CRAFT TO THE AIR NATIONAL tion pursuant to part 145 of title 14, Code of
(B) the anticipated schedule for the establish- Federal Regulations.
GUARD.
ment of such unit; and (c) DEFINITIONS.—In this section:
(a) PLAN REQUIRED.—The Secretary of the Air (C) the number of aircraft that are expected to (1) COMMERCIAL DERIVATIVE.—The term ‘‘com-
Force shall develop a plan to transfer covered be transferred to such unit. mercial derivative’’ means an item procured by
KC–135 aircraft to air refueling wings of the Air
Subtitle D—Defense-wide, Joint, and the Department of Defense that is or was pro-
National Guard that are classic associations
Multiservice Matters duced using the same or similar production fa-
with active duty units of the Air Force.
SEC. 141. CHARGING STATIONS AT COMMISSARY cilities, a common supply chain, and the same or
(b) BRIEFING.—Not later than 120 days after
the date of the enactment of this Act, the Sec- STORES AND MILITARY EXCHANGES. similar production processes that are used for
retary of the Air Force shall provide to the Com- (a) IN GENERAL.—Subchapter I of chapter 147 the production of the item as predominantly
mittees on Armed Services of the Senate and the of title 10, United States Code, is amended by used by the general public or by nongovern-
House of Representatives a briefing on plan de- adding at the end the following new section: mental entities for purposes other than govern-
veloped under subsection (a). The briefing shall ‘‘§ 2486. Electric vehicle charging stations at mental purposes.
commissary stores and military exchanges (2) COMMERCIAL DUAL-USE PARTS.—The term
include an explanation of the effects the plan is
‘‘commercial dual-use parts’’ means a product
expected to have on the aerial refueling capa- ‘‘(a) AUTHORITY.—The Secretary of Defense that is—
bility of the Department of Defense. may furnish electric vehicle charging stations at (A) a commercial product;
(c) DEFINITIONS.—In this section: a commissary store or military exchange for (B) dual-use;
(1) The term ‘‘covered KC–135 aircraft’’ means commercial use by individuals authorized to ac- (C) described in subsection (b)(2); and
a KC–135 aircraft that the Secretary of the Air cess such facilities. (D) not a life limited part.
Force is in the process of replacing with a KC– ‘‘(b) RATES AND PROCEDURES.—If the Sec- (3) COMMERCIAL PRODUCT.—The term ‘‘com-
46A aircraft. retary of Defense furnishes electric vehicle mercial product’’ has the meaning given such
(2) The term ‘‘classic association’’ means a charging stations pursuant to subsection (a)— term in section 103 of title 41, United States
structure under which a regular Air Force unit ‘‘(1) the Secretary shall establish rates and Code.
retains principal responsibility for an aircraft procedures that the Secretary determines appro- (4) DUAL-USE.—The term ‘‘dual-use’’ has the
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and shares the aircraft with one or more reserve priate for the purchase of electric power from meaning given such term in section 4801 of title
component units. the charging stations; and 10, United States Code.
SEC. 135. ANNUAL REPORT ON T–7A ADVANCED ‘‘(2) such charging stations may be installed SEC. 143. ASSESSMENT AND REPORT ON MILI-
PILOT TRAINING SYSTEM. and operated by a contractor on a for-profit TARY ROTARY WING AIRCRAFT IN-
(a) ANNUAL REPORT.—Not later than March 1, basis. DUSTRIAL BASE.
2023, and annually thereafter for 5 years, the ‘‘(c) INTEROPERABILITY.—Any vehicle charg- (a) ASSESSMENT REQUIRED.—The Under Sec-
Assistant Secretary of the Air Force for Acquisi- ing station provided under this section shall use retary of Defense for Acquisition and
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6037
Sustainment, in coordination with the Secre- Subtitle B—Program Requirements, tor of the Joint Artificial Intelligence Center’’;
taries of the Army, Navy, and Air Force, shall Restrictions, and Limitations and
conduct an assessment of the military rotary SEC. 211. CLARIFICATION OF ROLE OF SENIOR (3) in paragraph (5), by inserting ‘‘or the offi-
wing aircraft industrial base. OFFICIAL WITH PRINCIPAL RESPON- cial designated under subsection (b) of section
(b) ELEMENTS.—The assessment under sub- SIBILITY FOR ARTIFICIAL INTEL- 238 of the John S. McCain National Defense Au-
section (a) shall include the following: LIGENCE AND MACHINE LEARNING. thorization Act for Fiscal Year 2019 (Public Law
(1)(A) Identification of each rotary wing air- (a) JOINT ARTIFICIAL INTELLIGENCE RESEARCH 115–232; 10 U.S.C. note prec. 4061)’’ after ‘‘Direc-
craft program of the Department of Defense that AND DEVELOPMENT ACTIVITIES.—Section 238 of tor of the Joint Artificial Intelligence Center’’.
is in the research and development or procure- the John S. McCain National Defense Author- (d) MODIFICATION OF THE JOINT COMMON
ment phase. ization Act for Fiscal Year 2019 (Public Law FOUNDATION PROGRAM.—Section 227(a) of the
(B) A description of any platform-specific or 115–232; 10 U.S.C. note prec. 4061) is amended— National Defense Authorization Act for Fiscal
(1) by amending subsection (c) to read as fol- Year 2022 (Public Law 117–81; 10 U.S.C. 4001
capability-specific facility or workforce tech-
lows: note) is amended by striking ‘‘Joint Artificial
nical skill requirements necessary for each pro-
‘‘(c) ORGANIZATION AND ROLES.— Intelligence Center’’ and inserting ‘‘the office of
gram identified under subparagraph (A).
‘‘(1) IN GENERAL.—In addition to designating the official designated under subsection (b) of
(2) Identification of— an official under subsection (b), the Secretary of section 238 of the John S. McCain National De-
(A) the rotary wing aircraft capabilities of Defense shall assign to appropriate officials fense Authorization Act for Fiscal Year 2019
each Armed Force anticipated for programming within the Department of Defense roles and re- (Public Law 115–232; 10 U.S.C. note prec. 4061)’’.
beyond the period covered by the most recent fu- sponsibilities relating to the research, develop- (e) PILOT PROGRAM ON DATA REPOSITORIES TO
ture-years defense program submitted to Con- ment, prototyping, testing, procurement of, re- FACILITATE THE DEVELOPMENT OF ARTIFICIAL
gress under section 221 of title 10, United States quirements for, and operational use of artificial INTELLIGENCE CAPABILITIES FOR THE DEPART-
Code (as of the date of the assessment); and intelligence technologies. MENT OF DEFENSE.—Section 232 of the National
(B) the technologies, facilities, and workforce ‘‘(2) APPROPRIATE OFFICIALS.—The officials Defense Authorization Act for Fiscal Year 2022
skills necessary for the development of such ca- assigned roles and responsibilities under para- (Public Law 117–81; 10 U.S.C. 4001 note) is
pabilities. graph (1) shall include— amended—
(3) An assessment of the military industrial ‘‘(A) the Under Secretary of Defense for Re- (1) in the section heading, by striking ‘‘PILOT
base capacity and skills that are available (as of search and Engineering; PROGRAM ON DATA REPOSITORIES’’ and inserting
the date of the assessment) to design and manu- ‘‘(B) the Under Secretary of Defense for Ac- ‘‘DATA REPOSITORIES’’;
facture the platforms and capabilities identified quisition and Sustainment; (2) by amending subsection (a) to read as fol-
under paragraphs (1) and (2) and a list of any ‘‘(C) one or more officials in each military de-
lows:
gaps in such capacity and skills. partment;
‘‘(a) ESTABLISHMENT OF DATA REPOSI-
(4)(A) Identification of each component, sub- ‘‘(D) officials of appropriate Defense Agen-
TORIES.—The Secretary of Defense, acting
component, or equipment supplier in the mili- cies; and
through the official designated under subsection
tary rotary wing aircraft industrial base that is ‘‘(E) such other officials as the Secretary of
(b) of section 238 of the John S. McCain Na-
the sole source within such industrial base from Defense determines appropriate.’’;
(2) in subsection (e) in the second sentence, by tional Defense Authorization Act for Fiscal
which that component, subcomponent, or equip- Year 2019 (Public Law 115–232; 10 U.S.C. note
ment may be obtained. striking ‘‘Director of the Joint Artificial Intel-
ligence Center’’ and inserting ‘‘the official des- prec. 4061) (and such other officials as the Sec-
(B) An assessment of any risk resulting from retary determines appropriate), shall—
the lack of other suppliers for such components, ignated under subsection (b)’’; and
(3) by striking subsection (h). ‘‘(1) establish data repositories containing De-
subcomponents, or equipment. partment of Defense data sets relevant to the de-
(b) PERSONNEL MANAGEMENT AUTHORITY TO
(5) Analysis of the likelihood of future con- ATTRACT EXPERTS IN SCIENCE AND ENGINEER- velopment of artificial intelligence software and
solidation, contraction, or expansion, within the ING.—Section 4092 of title 10, United States technology; and
rotary wing aircraft industrial base, including— Code, is amended— ‘‘(2) allow appropriate public and private sec-
(A) identification of the most probable sce- (1) by amending paragraph (6) of subsection tor organizations to access such data reposi-
narios with respect to such consolidation, con- (a) to read as follows: tories for the purpose of developing improved ar-
traction, or expansion; and ‘‘(6) JOINT ARTIFICIAL INTELLIGENCE RE- tificial intelligence and machine learning soft-
(B) an assessment of how each such scenario SEARCH, DEVELOPMENT, AND TRANSITION ACTIVI- ware capabilities that may, as determined ap-
may affect the ability of the Armed Forces to ac- TIES.—The official designated under subsection propriate by the Secretary, be procured by the
quire military rotary wing aircraft in the future, (b) of section 238 of the John S. McCain Na- Department to satisfy Department requirements
including any effects on the cost and schedule tional Defense Authorization Act for Fiscal and technology development goals.’’;
of such acquisitions. Year 2019 (Public Law 115–232) shall carry out (3) in subsection (b), by striking ‘‘If the Sec-
(6) Such other matters the Under Secretary of a program of personnel management authority retary of Defense carries out the pilot program
Defense for Acquisition and Sustainment deter- provided in subsection (b) of this section in under subsection (a), the data repositories es-
mines appropriate. order to facilitate recruitment of eminent experts tablished under the program’’ and inserting
(c) REPORT.— in science or engineering to support the activi- ‘‘The data repositories established under sub-
(1) IN GENERAL.—Concurrently with the sub- ties of such official under such section 238.’’. section (a)’’; and
mission of the next annual report required to be (2) in subsection (b)(1)(F)— (4) by amending subsection (c) to read as fol-
submitted under section 4814 of title 10, United (A) by striking ‘‘Joint Artificial Intelligence lows:
States Code, after the date of the enactment of Center’’ and inserting ‘‘official designated ‘‘(c) BRIEFING.—Not later than July 1, 2023,
this Act, the Under Secretary of Defense for Ac- under subsection (b) of section 238 of the John the Secretary of Defense shall provide to the
quisition and Sustainment shall submit to the S. McCain National Defense Authorization Act congressional defense committees a briefing on—
congressional defense committees a report that for Fiscal Year 2019 (Public Law 115–232)’’; and ‘‘(1) the types of information the Secretary de-
includes— (B) by striking ‘‘in the Center’’ and inserting termines are feasible and advisable to include in
‘‘in support of the activities of such official the data repositories established under sub-
(A) the results of the assessment conducted
under such section’’; and section (a); and
under subsection (a); and
(3) in subsection (c)(2), by striking ‘‘the Joint ‘‘(2) the progress of the Secretary in estab-
(B) based on such results, recommendations
Artificial Intelligence Center’’ and inserting lishing such data repositories.’’.
for reducing any risks identified with respect to
‘‘the activities under section 238 of the John S. (f) DIGITAL DEVELOPMENT INFRASTRUCTURE
the military rotary wing aircraft industrial base.
McCain National Defense Authorization Act for PLAN AND WORKING GROUP.—Section
(2) FORM.—The report required under para- 1531(d)(2)(C) of the National Defense Authoriza-
Fiscal Year 2019 (Public Law 115–232)’’.
graph (1) may be submitted as an appendix to (c) REVIEW OF ARTIFICIAL INTELLIGENCE AP- tion Act for Fiscal Year 2022 (Public Law 117–81;
the annual report required to be submitted PLICATIONS AND ESTABLISHMENT OF PERFORM- 135 Stat. 2051) is amended by striking ‘‘The Joint
under section 4814 of title 10, United States ANCE METRICS.—Section 226(b) of the National Artificial Intelligence Center (JAIC)’’ and in-
Code. Defense Authorization Act for Fiscal Year 2022 serting ‘‘The office of the official designated
(d) ROTARY WING AIRCRAFT DEFINED.—In this (Public Law 117–81; 10 U.S.C. 4001 note) is under subsection (b) of section 238 of the John
section, the term ‘‘rotary wing aircraft’’ in- amended— S. McCain National Defense Authorization Act
cludes rotary wing and tiltrotor aircraft. (1) in paragraph (3), by inserting ‘‘or the offi- for Fiscal Year 2019 (Public Law 115–232; 10
TITLE II—RESEARCH, DEVELOPMENT, cial designated under subsection (b) of section U.S.C. note prec. 4061)’’.
TEST, AND EVALUATION 238 of the John S. McCain National Defense Au- (g) APPLICATION OF ARTIFICIAL INTELLIGENCE
thorization Act for Fiscal Year 2019 (Public Law TO THE DEFENSE REFORM PILLAR OF THE NA-
Subtitle A—Authorization of Appropriations
dlhill on DSK120RN23PROD with HOUSE
115–232; 10 U.S.C. note prec. 4061)’’ after ‘‘Direc- TIONAL DEFENSE STRATEGY.—Section 234(b) of
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. tor of the Joint Artificial Intelligence Center’’; the William M. (Mac) Thornberry National De-
Funds are hereby authorized to be appro- (2) in paragraph (4), by inserting ‘‘or the offi- fense Authorization Act for Fiscal Year 2021
priated for fiscal year 2023 for the use of the De- cial designated under subsection (b) of section (Public Law 116–283; 10 U.S.C. 113) is amended
partment of Defense for research, development, 238 of the John S. McCain National Defense Au- by striking ‘‘Director of the Joint Artificial In-
test, and evaluation, as specified in the funding thorization Act for Fiscal Year 2019 (Public Law telligence Center’’ and inserting ‘‘official des-
table in section 4201. 115–232; 10 U.S.C. note prec. 4061)’’ after ‘‘Direc- ignated under subsection (b) of section 238 of
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H6038 CONGRESSIONAL RECORD — HOUSE July 13, 2022
the John S. McCain National Defense Author- (j) BIANNUAL REPORT.—Section 260 of the Na- (4) To support exercises, experimentation, and
ization Act for Fiscal Year 2019 (Public Law tional Defense Authorization Act for Fiscal demonstrations to highlight and refine mission
115–232; 10 U.S.C. note prec. 4061)’’. Year 2020 (Public Law 116–92; 133 Stat. 1293) is integration software and address associated
(h) PILOT PROGRAM ON THE USE OF ELEC- amended— interoperability challenges.
TRONIC PORTFOLIOS TO EVALUATE CERTAIN AP- (1) in the section heading, by striking ‘‘JOINT (5) To assist in fielding mission integration
PLICANTS FOR TECHNICAL POSITIONS.—Section ARTIFICIAL INTELLIGENCE CENTER’’ and insert- software by the military departments to encour-
247(c) of the William M. (Mac) Thornberry Na- ing ‘‘OFFICE OF THE SENIOR OFFICIAL WITH PRIN- age the development and employment of such
tional Defense Authorization Act for Fiscal CIPAL RESPONSIBILITY FOR ARTIFICIAL INTEL- software on a larger scale.
Year 2021 (Public Law 116–283; 10 U.S.C. note LIGENCE AND MACHINE LEARNING’’; (c) BRIEFING.—Not later than 180 days after
prec. 1580) is amended— (2) in subsection (a)— the date of the enactment of this Act, the Sec-
(1) in paragraph (1), by striking ‘‘the Joint (A) by striking ‘‘2023’’ and inserting ‘‘2026’’; retary of Defense shall provide to the Committee
Artificial Intelligence Center’’ and inserting and on Armed Services of the House of Representa-
‘‘the office of the official designated under sub- (B) by striking ‘‘the Joint Artificial Intel- tives a briefing on the progress of the Chief Dig-
section (b) of section 238 of the John S. McCain ligence Center (referred to in this section as the
ital and Artificial Intelligence Officer in car-
National Defense Authorization Act for Fiscal ‘Center’)’’ and inserting ‘‘the office of the offi-
rying out the activities described in subsection
cial designated under subsection (b) of section
Year 2019 (Public Law 115–232; 10 U.S.C. note (b)).
238 of the John S. McCain National Defense Au-
prec. 4061)’’; (d) REPORTS.—On a biannual basis during the
(2) by striking paragraph (2); and thorization Act for Fiscal Year 2019 (Public Law
period of three years following the date of the
(3) by redesignating paragraphs (3) and (4) as 115–232; 10 U.S.C. note prec. 4061) (referred to in
briefing under subsection (c), the Secretary of
paragraphs (2) and (3), respectively. this section as the ‘Office’)’’;
(3) in subsection (b)— Defense shall submit to the congressional de-
(i) ACQUISITION AUTHORITY OF THE DIRECTOR fense committees a report that includes, with re-
(A) by striking ‘‘Center’’ each place it appears
OF THE JOINT ARTIFICIAL INTELLIGENCE CEN- spect to the period of six months preceding the
and inserting ‘‘Office’’;
TER.—Section 808 the William M. (Mac) Thorn- (B) in paragraph (2), by striking ‘‘the Na- date of the report, the following:
berry National Defense Authorization Act for tional Mission Initiatives, Component Mission (1) A description of any operational chal-
Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. Initiatives, and any other initiatives’’ and in- lenges that were identified under subsection
4001 note) is amended— serting ‘‘any initiatives’’; and (b)(1).
(1) in the section heading, by striking ‘‘THE (C) in paragraph (7), by striking ‘‘the Center’s (2) Of those operational challenges—
DIRECTOR OF THE JOINT ARTIFICIAL INTEL- investments in the National Mission Initiatives (A) identification of the challenges the Chief
LIGENCE CENTER’’ and inserting ‘‘THE SENIOR and Component Mission Initiatives’’ and insert- Digital and Artificial Intelligence Officer ad-
OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ing ‘‘the Office’s investments in its initiatives dressed through the allocation of funds under
ARTIFICIAL INTELLIGENCE AND MACHINE LEARN- and other activities’’; and subsection (b)(2); and
ING’’; (4) by striking subsection (c). (B) an explanation of whether and to what
(2) in subsection (a)— (k) REPORTING RESPONSIBILITY.—Section extent activities carried out with such funds re-
(A) by striking ‘‘the Director of the Joint Arti- 903(b) of the National Defense Authorization duced interoperability challenges.
ficial Intelligence Center’’ and inserting ‘‘the of- Act for Fiscal Year 2020 (Public Law 116–92; 10 (3) Identification of any mission integration
ficial designated under subsection (b) of section U.S.C. 2223 note) is amended— software procured, developed, or fielded by the
238 of the John S. McCain National Defense Au- (1) by striking paragraph (3); and Armed Forces or the combatant commands.
thorization Act for Fiscal Year 2019 (Public Law (2) by redesignating paragraph (4) as para- (4) A description of any exercises, experimen-
115–232; 10 U.S.C. note prec. 4061) (referred to in graph (3). tation, and demonstrations performed.
this section as the ‘Official’)’’; and (l) REFERENCES IN EXISTING LAW.—Any ref- (e) DEFINITIONS.—In this section:
(B) by striking ‘‘the Center’’ and inserting erence in any law, regulation, guidance, in- (1) The term ‘‘Chief Digital and Artificial In-
‘‘the office of such official (referred to in this struction, or other document of the Federal Gov- telligence Officer’’ means the official designated
section as the ‘Office’)’’; ernment to the Director of the Joint Artificial under subsection (b) of section 238 of the John
(3) in subsection (b)— Intelligence Center of the Department of De- S. McCain National Defense Authorization Act
(A) in the subsection heading, by striking fense or to the Joint Artificial Intelligence Cen- for Fiscal Year 2019 (Public Law 115–232; 10
‘‘JAIC’’; ter shall be deemed to refer to the official des- U.S.C. note prec. 4061).
(B) in paragraph (1)— ignated under section 238(b) of the John S. (2) The term ‘‘mission integration software’’
(i) in the matter preceding subparagraph (A), McCain National Defense Authorization Act for means software that supports military oper-
(I) by striking ‘‘staff of the Director’’ and in- Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. ations by creating interoperability between sys-
serting ‘‘staff of the Official’’; and note prec. 4061) or the office of such official, as tems, tools, and applications, including weap-
(II) by striking ‘‘the Director of the Center’’ the case may be. ons, platforms, intelligence, surveillance, and
and inserting ‘‘such Official’’; SEC. 212. ROLE OF THE CHIEF DIGITAL AND ARTI- reconnaissance systems, intelligence fusion sys-
(ii) in subparagraph (A), by striking ‘‘the FICIAL INTELLIGENCE OFFICER IN tems, tasking systems, tactical data links, cyber-
Center’’ and inserting ‘‘the Office’’; FOSTERING INTEROPERABILITY
space and electronic warfare systems, commu-
(iii) in subparagraph (B), by striking ‘‘the AMONG JOINT FORCE SYSTEMS.
nications systems, command and control sys-
Center’’ and inserting ‘‘the Office’’; (a) IN GENERAL.—The Secretary of Defense, in
tems, common operating pictures, and com-
(iv) in subparagraph (C), by striking ‘‘the consultation with the Director of National Intel-
manders’ decision aids.
Center’’ each place it appears and inserting ligence, shall direct the Chief Digital and Artifi-
SEC. 213. MODIFICATION OF DEFENSE LABORA-
‘‘the Office’’; and cial Intelligence Officer of the Department of
TORY MODERNIZATION PILOT PRO-
(v) in subparagraph (D), by striking ‘‘the Cen- Defense to carry out the activities described in GRAM.
ter’’ each place it appears and inserting ‘‘the subsection (b) in support of the Joint All Do- Section 2803 of the National Defense Author-
Office’’; main Command and Control strategy and the ization Act for Fiscal Year 2016 (Public Law
(C) in paragraph (2)— Joint Warfighting Concept of the Department. 114–92; 10 U.S.C. note prec. 4121) is amended—
(i) by striking ‘‘the Center’’ and inserting (b) ACTIVITIES DESCRIBED.—The activities de-
(1) in subsection (e), by striking ‘‘$150,000,000’’
‘‘the Office’’; and scribed in this subsection are the following:
(1) To solicit feedback from the combatant and inserting ‘‘$300,000,000’’;
(ii) by striking ‘‘the Director’’ and inserting
(2) in subsection (f)(2), by striking
‘‘the Official’’; commands and the Joint Staff to identify oper-
‘‘$1,000,000’’ and inserting ‘‘$4,000,000’’; and
(4) in subsection (c)(1)— ational challenges that—
(A) are attributable to a lack of interoper- (3) in subsection (g), by striking ‘‘October 1,
(A) by striking ‘‘the Center’’ and inserting
ability between the warfighting systems and 2025’’ and inserting ‘‘October 1, 2030’’.
‘‘the Office’’; and
(B) by striking ‘‘the Director’’ and inserting other technology, including software and data, SEC. 214. SUPPORT FOR RESEARCH AND DEVEL-
OPMENT OF BIOINDUSTRIAL MANU-
‘‘the Official’’; of such commands and the Joint Staff; and
FACTURING PROCESSES.
(5) in subsection (d), by striking ‘‘the Direc- (B) could potentially be resolved using mission
tor’’ and inserting ‘‘the Official’’; integration software, including software de- (a) AUTHORIZATION.—Subject to the avail-
(6) in subsection (e)— signed to integrate heterogeneous systems across ability of appropriations, the Secretary of De-
(A) in paragraph (2)— domains without upgrading hardware or chang- fense shall provide support to manufacturing in-
(i) in subparagraph (B), by striking ‘‘Center ing existing system software. novation institutes for the research and develop-
missions’’ and inserting ‘‘the missions of the Of- (2) From amounts made available to carry out ment of innovative bioindustrial manufacturing
fice’’; and this section, to allocate funds to entities in the processes and the development of a network of
(ii) in subparagrpah (D), by striking ‘‘the combatant commands and the Joint Staff to ad- bioindustrial manufacturing facilities to improve
Center’’ and inserting ‘‘the Office’’; and dress such operational challenges through— the ability of the industrial base to use such
(B) in paragraph (3), by striking ‘‘the Center’’ (A) the development, procurement, or fielding processes for the production of chemicals, mate-
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and inserting ‘‘the Office’’; of mission integration software; and rials, and other products necessary to support
(7) in subsection (f), by striking ‘‘the Direc- (B) the development and implementation of re- national security or secure fragile supply
tor’’ and inserting ‘‘the Official’’; and lated tactics, techniques, and procedures to inte- chains.
(8) in subsection (g)— grate systems to increase interoperability. (b) FORM OF SUPPORT.—The support provided
(A) by striking paragraphs (1) and (3); and (3) To identify, acquire, and field existing mis- under subsection (a) may consist of—
(B) by redesignating paragraphs (4) and (5) as sion integration capabilities and enhance ongo- (1) the establishment of one or more manufac-
paragraphs (1) and (2), respectively. ing research and development. turing innovation institutes specializing in the
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6039
research and development of bioindustrial man- (e) PLAN REQUIRED.— curement of a digital mission operations plat-
ufacturing processes; (1) IN GENERAL.—Not later than 180 days after form for the Space Force that—
(2) providing funding to one or more existing the date of the enactment of this Act, the Sec- (1) is capable of providing systems operators
manufacturing innovation institutes— retary of Defense shall submit to the appro- with the ability to analyze system performance
(A) to support the research and development priate congressional committees and the Na- in a simulated mission environment; and
of bioindustrial manufacturing processes; or tional Security Commission on Emerging Bio- (2) enables collaboration among such opera-
(B) to otherwise expand the bioindustrial technology a plan for the implementation of this tors in a integrated, physics-based environment.
manufacturing capabilities of such institutes; section that includes— SEC. 217. AIR-BREATHING TEST CAPACITY UP-
(3) the establishment of dedicated facilities (A) a description of types, relative sizes, and GRADE TO SUPPORT CRITICAL
within one or more manufacturing innovation locations of the manufacturing innovation insti- HYPERSONIC WEAPONS DEVELOP-
institutes to serve as regional hubs for the re- tutes or facilities the Secretary intends to estab- MENT.
search, development, and the scaling of bio- lish or support under this section; The Secretary of the Air Force shall carry out
industrial manufacturing processes and prod- (B) a general description of the focus of each activities to upgrade the air breathing test fa-
ucts to higher levels of production; or institute or facility, including the types of bio- cilities of the Department of the Air Force to
(4) designating a manufacturing innovation industrial manufacturing equipment, if any, support critical hypersonic weapons develop-
institute to serve as the lead entity responsible that are expected to be procured for each such ment. The Secretary shall seek to complete any
for integrating a network of pilot and inter- institute or facility; upgrade made under this section, subject to
mediate scale bioindustrial manufacturing fa- (C) a general description of how the institutes availability of funds for such upgrade, not later
cilities. and facilities will work as a network to maxi- than 24 months after the upgrade is commenced.
(c) ACTIVITIES.—A manufacturing innovation mize the diversity of bioindustrial products SEC. 218. INFORMATION ON USE OF COMMERCIAL
institute that receives support under subsection available to be produced by the network; SOFTWARE FOR THE WARFIGHTER
(a) shall carry out activities relating to the re- (D) an explanation of how the network will MACHINE INTERFACE OF THE ARMY.
search, development, test, and evaluation of in- support the establishment and maintenance of (a) CERTIFICATION REQUIRED.—Not later than
novative bioindustrial manufacturing processes the bioindustrial manufacturing industrial base; 60 days after the date of the enactment of this
and the scaling of bioindustrial manufacturing and Act, the Secretary of the Army shall certify to
products to higher levels of production, which (E) an explanation of how the Secretary in- the congressional defense committees that the
may include— tends to ensure that bioindustrial manufac- procurement process for increments of the
(1) research on the use of bioindustrial manu- turing activities conducted under this section warfighter machine interface procured after the
facturing to create materials such as polymers, are modernized digitally, including through— date of the enactment of this Act will be carried
coatings, resins, commodity chemicals, and (i) the use of a data automation to represent out in accordance with section 3453 of title 10,
other materials with fragile supply chains; processes and products as models and simula- United States Code.
(2) demonstration projects to evaluate bio- tions; and (b) MARKET RESEARCH AND REPORT.—
industrial manufacturing processes and tech- (ii) the implementation of measures to address (1) MARKET RESEARCH.—The Secretary of the
nologies; cybersecurity and process assurance concerns. Army shall conduct market research to identify
(3) activities to scale bioindustrial manufac- (2) BRIEFINGS.—Not later than 180 days after commercially available software to determine
turing processes and products to higher levels of the date of the submittal of the plan under whether such software has the potential to ful-
production; paragraph (1), and biannually thereafter for fill the applicable requirements of the warfighter
(4) strategic planning for infrastructure and five years, the Secretary of Defense shall pro- machine interface program of the Army.
equipment investments for bioindustrial manu- vide to the appropriate congressional committees (2) REPORT.—Not later than 30 days after the
facturing of defense-related materials; a briefing on the progress toward the implemen- conclusion of the market research required
(5) analyses of bioindustrial manufactured tation of the plan. under paragraph (1), the Secretary of the Army
products and validation of the application of bi- (f) DEFINITIONS.—In this section:
shall submit to the congressional defense com-
ological material used as input to new and exist- (1) The term ‘‘appropriate congressional com-
mittees a report on the on the results of the re-
ing processes to aid in future investment strate- mittees’’ means—
(A) the congressional defense committees; search, including a list of any commercial soft-
gies and the security of critical supply chains;
(6) the selection, construction, and operation (B) the Committee on Agriculture, Nutrition, ware identified as part of the research.
of pilot and intermediate scale bioindustrial and Forestry and the Committee on Commerce, SEC. 219. MEASURES TO INCREASE THE CAPACITY
Science, and Transportation of the Senate; and OF HISTORICALLY BLACK COLLEGES
manufacturing facilities;
(C) the Committee on Agriculture and the AND UNIVERSITIES AND OTHER MI-
(7) development and management of a net- NORITY-SERVING INSTITUTIONS TO
work of facilities to scale production of bio- Committee on Science, Space, and Technology of ACHIEVE VERY HIGH RESEARCH AC-
industrial products; the House of Representatives. TIVITY STATUS.
(8) activities to address workforce needs in (2) The term ‘‘bioindustrial manufacturing’’
(a) PURPOSE.—The purpose of the program es-
bioindustrial manufacturing; means the use of living organisms, cells, tissues,
tablished under this section is to provide addi-
(9) establishing an interoperable, secure, dig- enzymes, or cell-free systems to produce mate-
tional pathways needed for further increasing
ital infrastructure for collaborative data ex- rials and products for non-pharmaceutical ap-
capacity at historically Black colleges and uni-
change across entities in the bioindustrial man- plications.
versities and other minority-serving institutions
ufacturing community, including government (3) The term ‘‘manufacturing innovation insti-
to achieve and maintain very high research ac-
agencies, industry, and academia; tute’’ means a Manufacturing USA institute (as
tivity status.
(10) developing and implementing digital tools, described in section 34(d) of the National Insti-
(b) PROGRAM TO INCREASE CAPACITY TOWARD
process security and assurance capabilities, cy- tute of Standards and Technology Act (15
ACHIEVING VERY HIGH RESEARCH ACTIVITY STA-
bersecurity protocols, and best practices for data U.S.C. 278s(d))) that is funded by the Depart-
TUS.—
storage, sharing and analysis; and ment of Defense.
(1) PROGRAM.—
(11) such other activities as the Secretary of SEC. 215. ACTIVITIES TO SUPPORT THE USE OF
(A) IN GENERAL.—The Secretary shall estab-
Defense determines appropriate. METAL ADDITIVE MANUFACTURING
(d) CONSIDERATIONS.—In determining the FOR THE SUBSURFACE FLEET OF lish and carry out, using funds made available
number, type, and location of manufacturing THE NAVY. for research activities, a pilot program to in-
innovation institutes or facilities to support (a) IN GENERAL.—The Secretary of the Navy crease capacity at high research activity status
under subsection (a), the Secretary of Defense shall carry out activities to support— historically Black colleges and universities and
shall consider— (1) the development of additive manufacturing other minority-serving institutions toward
(1) how the institutes or facilities may com- processes for the production of metal compo- achieving very high research activity status
plement each other by functioning as a together nents and other metal-based materials for the during the grant period.
as a network; subsurface fleet of the Navy; (B) RECOMMENDATIONS.—In establishing such
(2) how to geographically distribute support to (2) the testing, evaluation, and qualification program, the Secretary may consider the rec-
such institutes or facilities— of such processes, components, and materials; ommendations pursuant to section 262 of the
(A) to maximize access to biological material and National Defense Authorization Act for Fiscal
needed as an input to bioindustrial manufac- (3) the use of such processes, components, and Year 2020 (Public Law 116–92; 10 U.S.C. 4144
turing processes; materials to meet requirements and milestones note) and section 220 of the National Defense
(B) to leverage available industrial and aca- applicable to the subsurface fleet of the Navy. Authorization Act for Fiscal Year 2022 (Public
demic expertise; (b) FUNDING.—From amounts authorized to be Law 117–81; 135 Stat. 1597).
(C) to leverage relevant domestic infrastruc- appropriated by this Act for shipbuilding con- (2) GRANTS AUTHORIZED.—The Secretary shall
ture required to secure supply chains for chemi- cept advance design (PE 0603563N), as reflected award, on a competitive basis, grants to eligible
cals and other materials; and in division D of this Act, the Secretary of the institutions to carry out the activities under
dlhill on DSK120RN23PROD with HOUSE
(D) to complement the capabilities of other Navy is authorized to use up to $5,000,0000 to paragraph (4)(A).
manufacturing innovation institutes and similar carry out the activities required under sub- (3) APPLICATION.—An eligible institution seek-
facilities; and section (a). ing a grant under this section shall submit an
(3) how the activities supported under this SEC. 216. DIGITAL MISSION OPERATIONS PLAT- application to the Secretary at such time, in
section can be coordinated with relevant activi- FORM FOR THE SPACE FORCE. such manner, and containing such information
ties of other departments and agencies of the The Secretary of the Air Force is authorized and assurances as the Secretary may require,
Federal Government. to enter into one or more contracts for the pro- including a description of—
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H6040 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(A) nascent research capabilities with respect established by this section shall terminate 10 (K) other categories utilized to determine clas-
to research areas of interest to the Department years after the date on which the Secretary es- sification.
of Defense; tablishes such program. SEC. 220. PILOT PROGRAM TO SUPPORT THE DE-
(B) a plan for increasing the level of research (7) REPORT TO CONGRESS.—Not later than 180 VELOPMENT OF PATENTABLE INVEN-
activity toward achieving very high research ac- days after the termination of the pilot program TIONS IN THE DEPARTMENT OF THE
tivity status classification during the grant pe- under paragraph (6), the Secretary shall pre- NAVY.
riod, including measurable milestones such as pare and submit a report to the Committees on (a) IN GENERAL.—Beginning not later than
growth in very high research activity status in- Armed Services of the Senate and the House of 120 days after the date of the enactment of this
dicators and other relevant factors; Representatives on the pilot program that in- Act, the Secretary of the Navy shall carry out a
(C) how such institution will sustain the in- cludes the following: pilot program to expand the support available to
creased level of research activity after the con- (A) An analysis of the growth in very high re- covered personnel who seek to engage in the de-
clusion of the grant period; and search activity status indicators of eligible insti- velopment of patentable inventions that—
(D) how the institution will evaluate and as- tutions that received a grant under this section. (1) have applicablity to the job-related func-
sess progress with respect to the implementation (B) An evaluation on the effectiveness of the tions of such personnel; and
of the plan under subparagraph (B). program in increasing the research capacity of (2) may have applicability in the civilian sec-
(4) PROGRAM COMPONENTS.— eligible institutions that received a grant under tor.
(A) USE OF FUNDS.—An eligible institution this section. (b) ACTIVITIES.—As part of the pilot program
that receives a grant under this section shall use (C) An description of how institutions that under subsection (a), the Secretary of the Navy
the grant funds to support research activities have achieved very high research activity status shall—
with respect to research areas for STEM and plan to sustain that status beyond the duration (1) expand outreach to covered personnel re-
critical technologies, as determined by the Sec- of the program. garding the availability of patent-related train-
retary under subparagraph (B), including— (D) An evaluation of the maintenance of very ing, legal assistance, and other support for per-
(i) faculty professional development; high research status by eligible institutions that sonnel interested in developing patentable in-
(ii) stipends for undergraduate and graduate received a grant under this section. ventions;
students and post-doctoral scholars; (E) An evaluation of the effectiveness of the (2) expand the availability of patent-related
(iii) laboratory equipment and instrumenta- program in increasing the diversity of students training to covered personnel, including by
tion; conducting high quality research in unique making such training available online;
(iv) recruitment and retention of faculty and areas. (3) clarify and issue guidance detailing how
graduate students; (F) Recommendations with respect to further covered personnel, including personnel outside
(v) communication and dissemination of prod- activities and investments necessary to elevate of the laboratories and other research organiza-
ucts produced during the grant period; the research status of historically Black colleges tions of the Department of the Navy, may—
(vi) construction, modernization, rehabilita- and universities and other minority-serving in- (A) seek and receive support for the develop-
tion, or retrofitting of facilities for research pur- stitutions. ment of patentable inventions; and
poses; and (B) receive a portion of any royalty or other
(G) Recommendations on whether the program
(vii) other activities necessary to build capac- payment as an inventor or coinventor such as
established under this section should be renewed
ity in achieving very high research activity sta- may be due under section 14(a)(1)(A)(i) of the
or expanded.
tus indicators. (c) DEFINITIONS.—In this section: Stevension-Wylder Technology Innovation Act
(B) STRATEGIC AREAS OF SCIENTIFIC RE- (1) The term ‘‘eligible institution’’ means a of 1980 (15 U.S.C. 3710c(a)(1)(A)(i)); and
SEARCH.—The Secretary, in consultation with (4) carry out other such activities as the Sec-
historically Black college or university or other
the Defense Science Board, shall establish and retary determines appropriate in accordance
minority-serving institution that is classified as
update, on an annual basis, a list of research with the purposes of the pilot program.
a high research activity status institution at the
areas for STEM and critical technologies. (c) TERMINATION.—The authority to carry out
time of application for a grant under subsection
(C) RESEARCH PROGRESS REPORTING.— the pilot program under subsection (a) shall ter-
(b).
(i) IN GENERAL.—Not later than 3 years after minate three years after the date of the enact-
(2) The term ‘‘high research activity status’’
receiving a grant under this section, and every ment of this Act.
means R2 status, as classified by the Carnegie (d) DEFINITIONS.—In this section:
3 years thereafter, an eligible institution shall Classification of Institutions of Higher Edu- (1) The term ‘‘covered personnel’’ means mem-
submit to the Secretary— cation. bers of the Navy and Marine Corps and civilian
(I) a report that includes an assessment by the (3) The term ‘‘historically Black college or employees of the Department of the Navy, in-
institution, using the criteria established in university’’ has the meaning given the term cluding members and employees whose primary
clause (ii), of the progress made by such institu- ‘‘part B institution’’ under section 322 of the duties do not involve research and development.
tion with respect to achieving very high re- Higher Education Act of 1965 (20 U.S.C. 1061). (2) The term ‘‘patentable invention’’ means an
search activity indicators; and (4) The term ‘‘other minority-serving institu- invention that is patentable under title 35,
(II) an updated plan described in paragraph tion’’ means an institution of higher education United States Code.
(3)(B). specified in paragraphs (2) through (7) of sec-
SEC. 221. PILOT PROGRAM TO FACILITATE THE
(ii) RESEARCH ASSESSMENT.—The Secretary, in tion 371(a) of the Higher Education Act of 1965 RESEARCH, DEVELOPMENT, AND
partnership with the eligible institution, shall (20 U.S.C. 1067q(a)). PRODUCTION OF ADVANCED BAT-
establish criteria for the report required under (5) The term ‘‘Secretary’’ means the Secretary TERY TECHNOLOGIES FOR
clause (i)(I). of Defense. WARFIGHTERS.
(D) GRANT PERIOD.—A grant awarded under (6) The term ‘‘very high research activity sta- (a) ESTABLISHMENT.—The Secretary of De-
this section shall be for a period of not more tus’’ means R1 status, as classified by the Car- fense shall carry out a pilot program to be
than 10 years, to be determined by the Sec- negie Classification of Institutions of Higher known as the ‘‘American Sustainable Battery
retary. Education. Production Technologies Program’’ (referred to
(E) EXPANSION OF ELIGIBILITY.—The Secretary (7) The term ‘‘very high research activity sta- in this section as the ‘‘Program’’). Under the
may award grants under this section to histori- tus indicators’’ means the categories used by the Program, the Secretary shall seek to award as-
cally Black colleges and universities and other Carnegie Classification of Institutions of Higher sistance to eligible entities to facilitate the re-
minority-serving institutions that are not eligi- Education to delineate which institutions have search, development, and production of electric
ble institutions if the Secretary determines that very high activity status, including— battery technologies that may be useful for de-
the program can support such colleges, univer- (A) annual expenditures in science and engi- fense-related purposes.
sities, and institutions while achieving the pur- neering; (b) COORDINATION WITH RELATED PRO-
pose of the program described in subsection (a). (B) per-capita (faculty member) expenditures GRAMS.—The Secretary of Defense shall ensure
(5) EVALUATION.—Not later than 5 years after in science and engineering; that activities under the Program are coordi-
the date of the enactment of this Act, the Sec- (C) annual expenditures in non-science and nated with—
retary shall prepare and submit a report to the engineering fields; (1) the Strategic Environmental Research and
Committees on Armed Services of the Senate and (D) per-capita (faculty member) expenditures Development Program under section 2901 of title
the House of Representatives providing an up- in non-science and engineering fields; 10, United States Code; and
date on the pilot program, including— (E) doctorates awarded in science, technology, (2) the Department of Energy.
(A) activities carried out under the pilot pro- engineering, and mathematics fields; (c) PROGRAM ACTIVITIES.—Under the Pro-
gram; (F) doctorates awarded in social science fields; gram, the Secretary of Defense shall seek to
(B) an analysis of the growth in very high re- (G) doctorates awarded in the humanities; award assistance to eligible entities—
search activity status indicators of eligible insti- (H) doctorates awarded in other fields with a (1) to conduct research and development into
tutions that received a grant under this section; research emphasis; electric battery technologies and any associated
dlhill on DSK120RN23PROD with HOUSE
and (I) total number of research staff including manufacturing and production needs;
(C) emerging research areas of interest to the postdoctoral researchers; (2) to expand the battery recycling capabilities
Department of Defense conducted by eligible in- (J) other doctorate-holding non-faculty re- of the Department of Defense;
stitutions that received a grant under this sec- searchers in science and engineering and per- (3) to reduce the reliance of the Department of
tion. capita (faculty) number of doctorate-level re- Defense on foreign competitors for critical mate-
(6) TERMINATION.—The authority of the Sec- search staff including post-doctoral researchers; rials and technologies, including rare earth ma-
retary to award grants under the pilot program and terials; and
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6041
(4) to transition battery technologies, includ- and carry out a pilot program to offer plant- (1) review the programs, projects, and other
ing technologies developed from other pilot pro- based protein options at forward operating activities of the Agency that are open to partici-
grams, prototype projects, or other research and bases for consumption by members of the Navy. pation from early career scientists to identify
development programs, from the prototyping (b) LOCATIONS.—Not later than March 1, 2023, opportunities for the expansion of such partici-
phase to production. the Secretary shall identify not fewer than two pation;
(d) FORM OF ASSISTANCE.—Assistance award- naval facilities to participate in the pilot pro- (2) conduct an assessment of the potential
ed to an eligible entity under the Program may gram and shall prioritize facilities (such as Joint costs of the fellowship program described in sub-
consist of a grant, a contract, a cooperative Region Marianas, Guam, Navy Support Facil- section (a);
agreement, other transaction, or such other form ity, Diego Garcia, and U.S. Fleet Activities (3) establish detailed plans for the implemen-
of assistance as the Secretary of Defense con- Sasebo, Japan) where livestock-based protein tation of the fellowship program;
siders appropriate. options may be costly to obtain or store. (4) define eligibility requirements for partici-
(e) PRIORITY CONSIDERATION.—In awarding (c) AUTHORITIES.—In establishing and car- pants in the fellowship program;
assistance to eligible entities under the Program, rying out the pilot program under subsection (5) identify criteria for evaluating applicants
the Secretary of Defense shall give priority to (a), the Secretary of the Navy may use the fol- to the fellowship program; and
entities that— lowing authorities: (6) address such other matters as the Director
(1) are located in and operate in the United (1) The authority to carry out research and determines appropriate.
States, including any manufacturing oper- development projects under section 4001 of title (c) SUBMITTAL TO CONGRESS.—Not later than
ations; 10, United States Code. 180 days after the date of the enactment of this
(2) are owned by a United States entity; and (2) The authority to enter into transactions Act, the Director of the Defense Advanced Re-
(3) deploy North American-owned intellectual other than contracts and grants under section search Projects Agency shall submit to the con-
property and content. 4021 of such title. gressional defense committee a report that in-
(f) DATA COLLECTION.—The Secretary of De- (3) The authority to enter into cooperative re- cludes—
fense shall collect and analyze data on the Pro- search and development agreements under sec- (1) the plan developed under subsection (a);
gram for the purposes of— tion 4026 of such title. and
(1) developing and sharing best practices for (2) recommendations for expanding opportuni-
(d) RULE OF CONSTRUCTION.—Nothing in this
achieving the objectives of the Program; ties for early career scientists to participate in
Act shall be construed to prevent offering live-
(2) providing information to the Secretary on the programs, projects, and other activities of
stock-based protein options alongside plant-
the implementation of the Program, and related the Agency.
based protein options at naval facilities identi-
policy issues; and
fied under subsection (b). SEC. 233. REPORT ON EFFORTS TO INCREASE THE
(3) reporting to the congressional defense com- PARTICIPATION OF HISTORICALLY
mittees in accordance with subsection (h). (e) TERMINATION.—The requirement to carry
out the pilot program established under this sec- BLACK COLLEGES AND UNIVER-
(g) TERMINATION.—The Program shall termi- SITIES AND OTHER MINORITY-SERV-
nate on the date that is six years after the date tion shall terminate three years after the date
ING INSTITUTIONS IN THE RE-
of the enactment of this Act. on which the Secretary establishes the pilot pro- SEARCH AND DEVELOPMENT ACTIVI-
(h) REPORTS.— gram required under this section. TIES OF THE DEPARTMENT OF DE-
(1) ANNUAL REPORTS.—Not later than one year (f) REPORT.—Not later than one year after the FENSE.
after the date of the enactment of this Act and termination of the pilot program, the Secretary (a) REPORT REQUIRED.—Not later than 180
annually thereafter until the date on which the shall submit to the appropriate congressional days after the date of the enactment of this Act,
Program terminates under subsection (g), the committees a report on the pilot program that the Under Secretary of Defense for Research
Secretary of Defense shall submit to the appro- includes the following: and Engineering shall submit to the congres-
priate congressional committees a report on the (1) The consumption rate of plant-based pro- sional defense committees a report on measures
use of funds under the Program. Each report tein options by members of the Navy under the that may be implemented to increase the partici-
shall include the following: pilot program. pation of historically Black colleges and univer-
(A) An explanation of whether and to what (2) Effective criteria to increase plant-based sities and other minority-serving institutions in
extent the assistance awarded to eligible entities protein options at naval facilities not identified the research, development, test, and evaluation
under the Program met mission requirements under subsection (b). activities of the Department of Defense.
during the period covered by the report, includ- (3) An analysis of the costs of obtaining and (b) ELEMENTS.—The report under subsection
ing— storing plant-based protein options compared to (a) shall include the following:
(i) the value of the assistance awarded, in- the costs of obtaining and storing livestock- (1) A strategy for the provision of long-term
cluding the value of each grant, contract, coop- based protein options at selected naval facilities. institutional support to historically Black col-
erative agreement, other transaction, or other (g) DEFINITIONS.—In this section: leges and universities and other minority-serv-
form of assistance; and (1) APPROPRIATE CONGRESSIONAL COMMIT- ing institutions, including support for—
(ii) a description of the research, technology, TEES.—The term ‘‘appropriate congressional (A) the development and enhancement of the
or capabilities funded with such assistance. committees’’ means— physical research infrastructure of such institu-
(B) A description of any research, technology, (A) the Committee on Armed Services of the tions; and
or capabilities being tested under the Program House of Representatives; and (B) the research activities of such institutions.
as of the date of the report together with an ex- (B) the Committee on Armed Forces of the (2) An evaluation of the feasibility of expand-
planation of how the Secretary has applied, or Senate. ing the support provided by the Department of
expects to apply, such research, technology, or (2) PLANT-BASED PROTEIN OPTIONS.—The term Defense to historically Black colleges and uni-
capabilities within the Department of Defense. ‘‘plant-based protein options’’ means edible versities and other minority-serving institutions
(2) FINAL REPORT.—Not later than one year vegan or vegetarian meat alternative products to include support for the development or en-
after the date on which the Program terminates made using plant and other non-livestock-based hancement of grant and contract administration
under subsection (g), the Secretary of Defense proteins. capabilities at such institutions.
shall submit to the appropriate congressional Subtitle C—Plans, Reports, and Other Matters (3) An evaluation of options to strengthen
committees a final report on the results of the SEC. 231. MODIFICATION OF NATIONAL SECURITY support for historically Black colleges and uni-
Program. Such report shall include— STRATEGY FOR NATIONAL TECH- versities and other minority-serving institutions
(A) a summary of the objectives achieved by NOLOGY AND INDUSTRIAL BASE. within the military departments and other orga-
the Program; and Section 4811(a) of title 10, United States Code, nizations and elements of the Department, in-
(B) recommendations regarding the steps that is amended by adding at the end the following cluding an evaluation of the need for and feasi-
may be taken to promote battery technologies new paragraph: bility of establishing dedicated organizations
that are not dependent on foreign competitors to ‘‘(12) Providing for the research and develop- within the Army, Navy, Marine Corps, Air
meet the needs of the Armed Forces. ment of sustainable and secure food sources, in- Force, and Space Force to increase engagement
(i) DEFINITIONS.—In this section: cluding food innovation and alternative protein
(1) The term ‘‘appropriate congressional com- with such institutions.
development, in consultation with the Secretary (4) A review of the adequacy of the level of
mittees’’ means—
(A) the congressional defense committees; of Agriculture.’’. staffing within the Department that is dedicated
(B) the Committee on Energy and Commerce SEC. 232. DEFENSE ADVANCED RESEARCH to engagement with historically Black colleges
and the Committee on Science, Space, and Tech- PROJECTS AGENCY INNOVATION and universities and other minority-serving in-
FELLOWSHIP PROGRAM. stitutions.
nology of the House of Representatives; and
(C) the Committee on Energy and Natural Re- (a) IN GENERAL.—The Director of the Defense (5) A plan to improve data collection and eval-
sources and the Committee on Commerce, Advanced Research Projects Agency shall de- uation with respect to historically Black colleges
Science, and Transportation of the Senate. velop a plan for the establishment of a fellow- and universities and other minority-serving in-
(2) The term ‘‘eligible entity’’ means a battery ship program (to be known as the ‘‘Innovation stitutions, including—
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producer or other entity involved in the battery Fellowship Program’’) to expand opportunities (A) harmonization of standards with respect
production supply chain. for early career scientists to participate in the to the type, detail, and organization of data on
SEC. 222. PILOT PROGRAM ON RESEARCH AND programs, projects, and other activities of the such institutions;
DEVELOPMENT OF PLANT-BASED Agency. (B) improving the completeness of data sub-
PROTEIN FOR THE NAVY. (b) ELEMENTS.—In developing the plan under missions regarding such institutions;
(a) ESTABLISHMENT.—Not later than March 1, subsection (a), the Director of the Defense Ad- (C) improving the retention of data on such
2023, the Secretary of the Navy shall establish vanced Research Projects Agency shall— institutions across the Department;
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H6042 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(D) additional data collection specific to such of the Higher Education Act of 1932 (20 U.S.C. test capabilities to fill any existing testing re-
institutions, including data on— 1001). quirement gaps to enhance and accelerate flight
(i) the rates at which such institutions submit (3) The term ‘‘other minority-serving institu- qualification of critical hypersonic technologies
proposals for grants and contracts from the De- tion’’ means an institution of higher education of the Department;
partment, the success rates of such proposals, specified in paragraphs (2) through (7) of sec- (D) identify—
and feedback regarding such proposals; tion 371(a) of the Higher Education Act of 1965 (i) the resources needed to improve the fre-
(ii) the total number of grants and contracts (20 U.S.C. 1067q(a)). quency and capacity for testing hypersonic
for which such institutions are eligible to apply (d) REPORT ON IMPLEMENTATION.—Not later technologies of the Department at ground-based
and the number of applications received from than 180 days after the date of the submission of test facilities and flight test ranges;
such institutions for such grants and contracts; the report under subsection (a), the Under Sec- (ii) the resources needed to reimburse other
and retary of Defense for Research and Engineering departments and agencies of the Federal Gov-
(iii) formal feedback mechanisms for rejected shall submit to the congressional defense com- ernment for the use of the test facilities and
proposals from first-time applicants from such mittees a report on the progress of the Under ranges of those departments or agencies to test
institutions; and Secretary in implementing measures to increase the hypersonics technologies of the Department;
(E) as necessary, promulgation of additional the participation of historically Black colleges (iii) the requirements, approval processes, and
or modified regulations, instructions, or guid- and universities and other minority-serving in- resources needed to enhance, as appropriate,
ance regarding the collection, evaluation, and stitutions in the research, development, test, the testing capabilities and capacity of other
retention of data on such institutions. and evaluation activities of the Department of Federal Government-owned test facilities and
(6) Identification of the types of research fa- Defense, as identified in the report under sub- flight ranges, in coordination with the heads of
cilities, personnel, capabilities, and subject section (a). the relevant departments and agencies;
areas that are in-demand within the Depart-
ment so that historically Black colleges and uni-
SEC. 234. ASSESSMENT OF TEST INFRASTRUC- (iv) investments that the Secretary can make
TURE AND PRIORITIES RELATED TO to incorporate academia, contractor-owned,
versities and other minority-serving institutions HYPERSONIC CAPABILITIES AND RE-
may prioritize investment in those types of fa- commercial ground and flight testbeds into the
LATED TECHNOLOGIES AND
cilities, personnel, capabilities, and subject overall hypersonic test infrastructure of the De-
HYPERSONIC TEST STRATEGY.
areas as appropriate. partment of Defense; and
(a) ASSESSMENT.—The Secretary of Defense
(7) Identification of metrics that may be used (v) the environmental conditions, testing sizes,
shall assess the capacity of the Department of
to evaluate, track, and improve the competitive- and duration required for flight qualification of
Defense to test, evaluate, and qualify the
ness of historically Black colleges and univer- both hypersonic cruise and hypersonic boost-
hypersonic capabilities and related technologies
sities and other minority-serving institutions for glide technologies of the Department; and
of the Department.
grants and contracts with the Department. (E) address all advanced or emerging tech-
(b) ELEMENTS.—The assessment under sub-
(8) An evaluation of options to implement cri- nologies that could shorten timelines and reduce
section (a) shall include the following:
teria for the award of grants and contracts that (1) An identification of facilities of other de- costs for hypersonic missile testing, including
assign value to the inclusion of historically partments and agencies of the Federal Govern- with respect to—
Black colleges and universities and other minor- ment and academia and industry testing facili- (i) 3D printing of hypersonic test missile com-
ity-serving institutions as research partners, in- ties relevant to the capacity described in sub- ponents including the frame, warhead, and pro-
cluding such mechanisms as weighted grant so- section (a). pulsion systems;
licitation evaluation criteria and longer periods (2) An analysis of the capability of each test (ii) reusable hypersonic test beds, including
of performance to allow for capacity-building facility to simulate various individual and cou- air-sea-and ground launched options;
within such institutions. pled hypersonic conditions to accurately simu- (iii) additive manufacturing solutions;
(9) An evaluation of options to incentivize the late a realistic flight-like environment with all (iv) qualified airborne B–52 alternative plat-
defense industry to support capacity building relevant aero-thermochemical conditions. forms to provide improved flight schedules; and
within historically Black colleges and univer- (3) An identification of the coordination, (v) other relevant technologies.
sities and other minority-serving institutions, scheduling, reimbursement processes, and re- (3) COORDINATION.—The Secretary shall de-
including through the incentivization of inde- quirements needed for the potential use of test velop the strategy under paragraph (1) in co-
pendent research and development or other ac- facilities of other departments and agencies of ordination with the Joint Hypersonic Transition
tivities. the Federal Government, as available. Office, the Administrator of the National Aero-
(10) A plan to compile and maintain data re- (4) An analysis of the test frequency, sched- nautics and Space Administration, the research
garding institutions of higher education, includ- uling lead time, test cost, and capacity of each labs of the military departments, and the De-
ing historically Black colleges and universities test facility relating to testing technologies of fense Test Resource Management Center.
and other minority-serving institutions, that re- the Department for hypersonic flight. (d) APPROPRIATE CONGRESSIONAL COMMITTEES
ceive funding from departments and agencies of (5) A review of academia, contractor-owned, DEFINED.—The term ‘‘appropriate congressional
the Federal Government outside the Department commercial ground and flight testbeds that committees’’ means the following:
of Defense. could enhance efforts to test flight vehicles of (1) The congressional defense committees.
(11) A review of the programs and practices of the Department in all phases of hypersonic (2) The Committee on Science, Space, and
departments and agencies of the Federal Gov- flight, and other technologies, including sen- Technology of the House of Representatives and
ernment outside the Department of Defense rel- sors, communications, thermal protective shields the Committee on Commerce, Science, and
evant to increasing research capacity at histori- and materials, optical windows, navigation, and Transportation of the Senate.
cally Black colleges and universities and other environmental sensors. SEC. 235. INDEPENDENT REVIEW AND ASSESS-
minority-serving institutions for purposes of— (6) An assessment of any cost- and time-sav- MENT OF TEST AND EVALUATION RE-
(A) the potential adoption of best practices SOURCE PLANNING.
ings that could result from using technologies
within the Department; (a) REVIEW AND ASSESSMENT.—Not later than
identified in the strategy under subsection (c).
(B) the identification of opportunities to lever- 60 days after the date of the enactment of this
(c) STRATEGY.—
age the research capacity of such institutions; Act, the Secretary of Defense shall seek to enter
(1) REQUIREMENT.—Not later than 180 days
and into an agreement with a federally funded re-
(C) increasing the level of collaboration be- after the date of the enactment of this Act, the
Secretary of Defense shall submit to the appro- search and development center to conduct an
tween the Department and such institutions.
priate congressional committees a strategy to co- independent review and assessment of the Stra-
(12) Recommendations for the modification or
ordinate the potential use of test facilities and tegic Plan for Test Resources, as prepared by
expansion of the workforce development pro-
ranges of other departments and agencies of the the Department of Defense Test Resource Man-
grams of the Department to increase the propor-
Federal Government, as available, and aca- agement Center.
tion of the workforce hired from historically
demia, contractor-owned, commercial flight and (b) ELEMENTS.—The review and assessment
Black colleges and universities and other minor-
reentry test capabilities to evaluate hypersonic under subsection (a) shall include the following:
ity-serving institutions.
(13) Such other recommendations as the Under technologies. (1) An assessment of the adequacy of the 30-
Secretary of Defense for Research and Engineer- (2) ELEMENTS.—The strategy under paragraph year planning horizon that serves as the basis
ing determines appropriate. (1) shall— for the Strategic Plan for Test Resources.
(14) A plan for the implementation of the rec- (A) be based on the assessment under sub- (2) An assessment of whether and to what ex-
ommendations included in the report, as appro- section (a); tent prior forecasts of the test and evaluation
priate, including an explanation of any addi- (B) address how the Secretary will coordinate needs of the Department of Defense align with
tional funding, authorities, or organizational with other departments and agencies of the Fed- investments made by the Department in test and
changes needed for the implementation of such eral Government, including the National Aero- evaluation resources.
recommendations. nautics and Space Administration, to plan for (3) An identification and assessment of—
dlhill on DSK120RN23PROD with HOUSE
(c) DEFINITIONS.—In this section: and schedule the potential use of other Federal (A) any shortcomings in the infrastructure,
(1) The term ‘‘historically Black college or Government-owned test facilities and ranges, as personnel, and equipment of the test and eval-
university’’ means a part B institution (as de- available, to evaluate the hypersonic tech- uation enterprise of the Department; and
fined in section 322 of the Higher Education Act nologies of the Department of Defense; (B) any risks that the status of such enter-
of 1965 (20 U.S.C. 1061)). (C) to the extent practicable, address in what prise may pose with respect to the ability of the
(2) The term ‘‘institution of higher education’’ cases the Secretary can use academia, con- Department to meet its current and future test
has the meaning given that term in section 101 tractor-owned, commercial flight and reentry and evaluation needs.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6043
(4) An assessment of whether and to what ex- amount of additional funding required to ensure Armed Forces and other activities and agencies
tent the test and evaluation efforts of the De- the sufficiency of such resources. of the Department of Defense for expenses, not
partment sufficiently address software-inten- (4) The amount of Government-funded, con- otherwise provided for, for operation and main-
sive, multi-domain, and continuously developed tractor-provided test and evaluation resources tenance, as specified in the funding table in sec-
capabilities. that are currently provided or are planned to be tion 4301.
(5) Such other matters as the Secretary of De- provided as part of the program of record. Subtitle B—Energy and Environment
fense determines appropriate. (5) The future availability of any resources
identified under paragraph (4) for programs, SEC. 311. EQUIVALENT AUTHORITY FOR ENVI-
(c) REPORT REQUIRED.—Not later than 180
RONMENTAL RESTORATION
days after the date on which the Secretary of projects, and activities other than the major de- PROJECTS AT NATIONAL GUARD
Defense enters into an agreement with a feder- fense acquisition program evaluated as part of TRAINING SITES.
ally funded research and development center the study. (a) CLARIFICATION OF NATIONAL GUARD
under subsection (a), the center shall submit to (c) REPORT.—Not later than one year after the
TRAINING SITES.—Section 2700 of title 10, United
the Secretary and the congressional defense date of the enactment of this Act, the Director
States Code, is amended by adding at the end
committees a report on the results of the study of Operational Test and Evaluation shall submit
the following new paragraph:
conducted under such subsection. to the congressional defense committees a report
‘‘(4) The term ‘National Guard training site’
SEC. 236. STUDY ON COSTS ASSOCIATED WITH on the results of the study conducted under sub-
means a facility or site when used for the train-
UNDERPERFORMING SOFTWARE AND section (a).
ing of the National Guard pursuant to chapter
INFORMATION TECHNOLOGY. (d) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means 5 of title 32 with funds provided by the Sec-
(a) STUDY REQUIRED.—The Secretary of De-
the Army, the Navy, the Marine Corps, and the retary of Defense or the Secretary of a military
fense shall seek to enter into a contract with a
Air Force. department, without regard to—
federally funded research and development cen-
(2) The term ‘‘major defense acquisition pro- ‘‘(A) the owner or operator of the facility or
ter to conduct an independent study on the im-
gram’’ has the meaning given that term in sec- site; or
pacts, and challenges associated with the use of
tion 4201 of title 10, United States Code. ‘‘(B) whether the facility or site is under the
software and information technology, including
SEC. 238. PERIODIC REPORTS ON RISK DISTRIBU- jurisdiction of the Department of Defense or a
potential solutions to such challenges.
TION WITHIN RESEARCH, DEVELOP- military department.’’.
(b) ELEMENTS.—The independent study con-
MENT, TEST, AND EVALUATION AC- (b) INCLUSION UNDER DEFENSE ENVIRON-
ducted under subsection (a) shall include the
TIVITIES. MENTAL RESTORATION PROGRAM.—Section
following:
(1) A survey of members of the Armed Forces (a) REPORTS REQUIRED.—In accordance with 2701(a)(1) of such title is amended by inserting
under the jurisdiction of a Secretary of a mili- subsection (d), the Secretary of Defense, acting ‘‘and at National Guard training sites’’ after
tary department to identify the most important through the Under Secretary of Defense for Re- ‘‘at facilities under the jurisdiction of the Sec-
software and information technology challenges search and Engineering and in consultation retary’’.
that result in lost working hours, including an with the Secretaries of the military departments, (c) RESPONSE ACTIONS AT NATIONAL GUARD
estimate of the number and cost of lost working shall submit to the congressional defense com- TRAINING SITES.—Section 2701(c)(1) of such title
hours for each military department, the impact mittees periodic reports on the distribution of is amended by adding at the end the following
of each challenge on retention, and the negative risk across the covered research activities of the new subparagraph:
impact to any mission. Department of Defense. ‘‘(D) Each facility or site which was a Na-
(2) A summary of the policy or technical chal- (b) ELEMENTS.—Each report under subsection tional Guard training site at the time of actions
lenges that limit the ability of each Secretary of (a) shall include, with respect to the year cov- leading to contamination by hazardous sub-
a military department to implement needed soft- ered by the report, the following: stances or pollutants or contaminants.’’.
(1) A list of all covered research activities of (d) TECHNICAL AND CONFORMING AMEND-
ware and information technology reforms, based
the Department of Defense with each such re- MENTS.—
on interviews conducted with individuals who
search activity designated as either— (1) REPEAL OF PROVISION.—Section 2707 of
serve as chief information officer (or an equiva-
(A) research activity that is lower risk, such such title is amended by striking subsection (e).
lent position) in a military department.
as efforts aimed at the incremental improvement (2) REFERENCE UPDATE.—Section 345(f)(1) of
(3) Recommendations to address the chal-
of an existing product; or the National Defense Authorization Act for Fis-
lenges described in paragraph (1) and improve
(B) research activity that is higher risk, such cal Year 2022 (Public Law 117–81; 135 Stat. 1646;
the processes through which the Secretary pro-
as efforts aimed at the development of new tech- 10 U.S.C. 2715 note) is amended by striking ‘‘fa-
vides software and information technology De-
nology that could disrupt an entire field (com- cility where military activities are conducted by
partmentwide.
monly referred to as ‘‘disruptive technology’’). the National Guard of a State pursuant to sec-
(c) REPORT REQUIRED.—Not later than one (2) An assessment of whether the distribution
year after the date of the enactment of this Act, tion 2707(e) of title 10, United States Code’’ and
of covered research activities among the risk inserting ‘‘National Guard training site, as such
a federally funded research and development categories described in subparagraphs (A) and
center described in subsection (a) shall submit to term is defined in section 2700 of title 10, United
(B) of paragraph (1) is optimal for serving the States Code’’.
the Secretary of Defense and the congressional needs of the Department of Defense.
defense committees a report on any independent SEC. 312. AMENDMENT TO BUDGETING OF DE-
(3) Such other information as the Secretary of PARTMENT OF DEFENSE RELATING
study conducted under this section. Defense determines appropriate.
(d) SOFTWARE AND INFORMATION TECHNOLOGY TO EXTREME WEATHER.
(c) COVERED RESEARCH ACTIVITY DEFINED.— Section 328(a) of the National Defense Au-
DEFINED.—In this section, the term ‘‘software In this section, the term ‘‘covered research ac-
and information technology’’ does not include thorization Act for Fiscal Year 2020 (Public Law
tivity’’ means a program, project, or other activ-
embedded software and information technology 116–92; 10 U.S.C. 221 note) is amended—
ity of the Department of Defense designated as
used for weapon systems. (1) in paragraph (1), by striking ‘‘; and’’ and
budget activity 1 (basic research), budget activ-
SEC. 237. STUDY AND REPORT ON SUFFICIENCY inserting a semicolon;
ity 2 (applied research), or budget activity 3 (ad-
OF TEST AND EVALUATION RE- (2) in paragraph (2), by striking the period at
vanced technology development), as such budget
SOURCES FOR CERTAIN MAJOR DE- the end and inserting ‘‘; and’’; and
activity classifications are set forth in volume
FENSE ACQUISITION PROGRAMS. (3) by inserting after paragraph (2) the fol-
2B, chapter 5 of the Department of Defense Fi-
(a) STUDY.—The Director of Operational Test lowing:
nancial Management Regulation (DOD 7000.14–
and Evaluation of the Department of Defense ‘‘(3) a calculation of the annual costs to the
R).
shall conduct a study of at least one major de- Department for assistance provided to—
(d) SUBMITTAL OF REPORTS.—
fense acquisition program within each covered (1) IN GENERAL.—The reports required under ‘‘(A) the Federal Emergency Management
Armed Force to determine the sufficiency of the subsection (a) shall be submitted as follows: Agency or Federal land management agencies—
test and evaluation resources supporting such (A) The first such report shall be submitted by ‘‘(i) pursuant to requests for such assistance;
program. not later than February 1, 2023. and
(b) ELEMENTS.—The study under subsection (B) A report shall be submitted at the same ‘‘(ii) approved under the National Interagency
(a) shall include, with respect to each major de- time as each of the first three reports required Fire Center; and
fense acquisition program evaluated as part of under section 118c(e) of title 10, United States ‘‘(B) any State, Territory, or possession under
the study, the following: Code, after the date of the enactment of this title 10 or title 32, United States Code, regarding
(1) Identification of the test and evaluation Act. extreme weather.’’.
resources supporting the program as of the date (2) TERMINATION OF REQUIREMENT.—No report SEC. 313.
PROTOTYPE AND DEMONSTRATION
of the study. shall be required to be submitted under this sec- PROJECTS FOR ENERGY RESILIENCE
(2) An evaluation of whether and to what ex- tion after the date of the submittal of the third AT CERTAIN MILITARY INSTALLA-
tent such resources are sufficient to meet the TIONS.
report under paragraph (1)(B).
dlhill on DSK120RN23PROD with HOUSE
needs of the program assuming that test and (a) IN GENERAL.—Each Secretary of a military
TITLE III—OPERATION AND department shall ensure that covered prototype
evaluation resources allocated for other pur-
MAINTENANCE and demonstration projects are conducted at
poses will not be reallocated to support the pro-
gram in the future. Subtitle A—Authorization of Appropriations each military installation designated by that
(3) If the test and evaluation resources identi- SEC. 301. AUTHORIZATION OF APPROPRIATIONS. Secretary as an ‘‘Energy Resilience Testbed’’
fied under paragraph (1) are insufficient to meet Funds are hereby authorized to be appro- pursuant to subsection (b).
the needs of the program, an evaluation of the priated for fiscal year 2023 for the use of the (b) SELECTION OF MILITARY INSTALLATIONS.—
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H6044 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(1) SELECTION.—Not later than 180 days after into the mission of, each military installation (b) SELECTION OF MILITARY INSTALLATIONS.—
the date of the enactment of this Act, each Sec- designated pursuant to subsection (b). (1) SELECTION.—Not later than 180 days after
retary of a military department, in consultation (f) CONSORTIUMS.— the date of the enactment of this Act, each Sec-
with the Secretary of the Defense, shall— (1) IN GENERAL.—Each Secretary of a military retary of a military department shall—
(A) select at least two military installations department may enter into a partnership with, (A) select at least one military installation of
under the jurisdiction of that Secretary for des- or seek to establish, a consortium of industry, each Armed Force under the jurisdiction of that
ignation pursuant to paragraph (3); and academia, and other entities described in para- Secretary at which to carry out the pilot pro-
(B) incorporate the conduct of covered proto- graph (2) to conduct covered prototype and dem- gram under subsection (a); and
type and demonstration projects into the mission onstration projects at a military installation (B) submit to the Committees on Armed Serv-
of each installation so selected. designated by that Secretary pursuant to sub- ices of the House of Representatives and the
(2) CONSIDERATIONS.—In selecting military in- section (b). Senate a notification containing an identifica-
stallations under paragraph (1), each Secretary (2) CONSORTIUM ENTITIES.—The entities de- tion of each such selected installation.
of a military department shall, to the extent scribed in this paragraph are as follows: (2) PRIORITY.—In selecting military installa-
practicable, take into consideration the fol- (A) National laboratories. tions under paragraph (1), each Secretary of a
lowing: (B) Industry entities the primary work of military department shall give priority to the
(A) The mission of the installation. which relates to energy and climate security following:
(A) Military installations with existing third-
(B) The geographic terrain of the installation technologies and business models.
(g) AUTHORITIES.— party financed, installed, operated, and main-
and of the community surrounding the installa-
(1) IN GENERAL.—Covered prototype and dem- tained charging stations on the installation.
tion. (B) Military installations with other existing
(C) The energy resources available to support onstration projects required under this section
covered infrastructure, including charging sta-
the installation. may be conducted as part of the program for
tions under ownership methods other than those
(D) Any State or local regulations that apply operational energy prototyping established
specified in subparagraph (A), on the installa-
with respect to public or private utilities serving under section 324(c) of the William M. (Mac)
tion.
the installation. Thornberry National Defense Authorization Act (C) Military installations located in a geo-
(E) An assessment of any climate or extreme for Fiscal Year 2021 (Public Law 116–283; 134 graphic region with existing covered infrastruc-
weather risks or vulnerabilities at the installa- Stat. 3523; 10 U.S.C. 2911 note) (including by ture, including charging stations, proximate to
tion and the community surrounding the instal- using funds available under the Operational the installation.
lation. Energy Prototyping Fund established pursuant (D) Military installations with respect to
(3) DESIGNATION AS ENERGY RESILIENCE to such section), using the other transactions which the Secretary determines the future inclu-
TESTBED.—Each installation selected under authority under section 4021 or 4022 of title 10, sion on the installation of charging stations and
paragraph (1) shall be known as an ‘‘Energy United States Code, or using any other available other covered infrastructure is feasible and cost
Resilience Testbed’’. authority or funding source the Secretary of De- effective given the anticipated need for charging
(c) COVERED TECHNOLOGIES.—Covered proto- fense determines appropriate. stations to service electric vehicles in the non-
type and demonstration projects conducted at (2) FOLLOW-ON PRODUCTION CONTRACTS OR tactical vehicle fleet at the installation (includ-
military installations designated pursuant to TRANSACTIONS.—Each Secretary of a military de- ing those with respect to which the Secretary
subsection (b) shall include the prototype and partment shall ensure that, to the extent prac- determines there may be an opportunity to enter
demonstration of technologies in the following ticable, any transaction entered into under the into a contract for the third-party charging sta-
areas: other transactions authority under section 4022 tions specified in subparagraph (A)).
(1) Energy storage technologies, including of title 10, United States Code, for the conduct (E) Military installations at which a project
long-duration energy storage systems. of a covered prototype and demonstration authorized under section 2914 of title 10, United
(2) Technologies that support electric vehicles project under this section shall provide for the States Code, (known as the Energy Resilience
or the transition to use of electric vehicles, in- award of a follow-on production contract or and Conservation Investment Program) and de-
cluding with respect to tactical vehicles. transaction pursuant to subsection (f) of such termined by the Secretary to be relevant to the
(3) Technologies to improve building energy section 4022. pilot program has been conducted or is planned
efficiency in a cyber-secure manner, such as ad- (h) INTERAGENCY COLLABORATION.—In car- to be conducted pursuant to the future-years de-
vanced lighting controls, high-performance cool- rying out this section, to the extent practicable, fense program submitted under section 221 of
ing systems, and technologies for waste heat re- the Secretary of Defense shall collaborate with such title.
covery. the Secretary of Energy and the heads of such (3) CONSIDERATIONS.—In determining whether
(4) Technologies to improve building energy other Federal departments and agencies as the a military installation should receive priority
management and control in a cyber-secure man- Secretary of Defense may determine appro- pursuant to paragraph (2)(D), each Secretary of
ner. priate, including by entering into relevant a military department shall take into account
(5) Tools and processes for design, assessment, memoranda of understanding. the following:
and decision-making on the installation with re- (i) DEFINITIONS.—In this section: (A) A calculation of existing loads at the in-
spect to climate resilience and hazard analysis, (1) The term ‘‘appropriate congressional com- stallation and the existing capacity of the in-
energy use, management, and the construction mittees’’ means— stallation for the charging of electric vehicles,
of climate resilient buildings and infrastructure. (A) the Committee on Armed Services and the including (as applicable) light duty trucks.
(6) Carbon sequestration technologies. Committee on Energy and Commerce of the (B) The availability of adequate space for ve-
(7) Technologies relating to on-site resilient House of Representatives; and hicles awaiting charging during peak usage
energy generation, including advanced geo- (B) the Committee on Armed Services and the times, as determined by the Secretary.
thermal and advanced nuclear technologies. Committee on Energy and Natural Resources of (C) Any required upgrades to covered infra-
(8) Port electrification and surrounding de- the Senate. structure on the installation, including elec-
fense critical infrastructure and related non- (2) The term ‘‘community infrastructure’’ has trical wiring, anticipated by the Secretary.
Federal infrastructure, including surrounding (c) TRANSITION PLANS.—
the meaning given that term in section 2391(e) of (1) IN GENERAL.—Not later than one year after
defense community infrastructure. tile 10, United States Code. the date on which a Secretary of a military de-
(d) BRIEFING.—Not later than 180 days after (3) The term ‘‘covered prototype and dem- partment submits a notification identifying a
the enactment of this Act, the Secretary of De- onstration project’’ means a project to prototype military installation under subsection (b)(1),
fense, in consultation with the Secretaries of the and demonstrate advanced technologies to en- that Secretary shall submit to the Committees on
military departments, shall provide to the ap- hance energy resilience and climate security at Armed Services of the House of Representatives
propriate congressional committees a briefing on a military installation. and the Senate a plan for—
the conduct of covered prototype and dem- (4) The term ‘‘military installation’’ has the (A) the replacement of all vehicles in the non-
onstration projects at each military installation meaning given that term in section 2867 of title tactical vehicle fleet at the military installation
designated pursuant to subsection (b). Such 10, United States Code. with electric vehicles by January 1, 2025; and
briefing shall include the following: SEC. 314. PILOT PROGRAM FOR TRANSITION OF (B) the maintenance on the military installa-
(1) An identification of each military installa- CERTAIN NONTACTICAL VEHICLE tion of charging stations and other covered in-
tion so designated. FLEETS OF DEPARTMENT OF DE-
frastructure, including a microgrid, that will be
(2) A justification as to why each military in- FENSE TO ELECTRIC VEHICLES.
sufficient—
stallation so designated was selected for such (a) IN GENERAL.—The Secretary of Defense, in (i) to cover the anticipated electricity demand
designation. coordination with the Secretaries of the military of such electric vehicles; and
(3) A strategy for commencing the conduct of departments, and in consultation with the Sec- (ii) to improve installation energy resilience.
such projects at each military installation so retary of Energy, shall carry out a pilot pro- (2) ELEMENTS.—Each plan under paragraph
designated by not later than one year after the gram to facilitate the transition of nontactical (1) shall include, with respect to the military in-
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date of the enactment of this Act. vehicle fleets of the Department of Defense at stallation covered by the plan, the following:
(e) DEADLINE FOR COMMENCEMENT OF certain military installations to nontactical ve- (A) A determination of the type and number
PROJECTS.—The Secretary of Defense shall en- hicle fleets comprised solely of electric vehicles, of charging stations to include on the installa-
sure that, beginning not later than one year including through the maintenance on the in- tion, taking into account the interoperability of
after the date of the enactment of this Act, cov- stallations of charging stations, microgrids, and chargers and the potential future needs or ap-
ered prototype and demonstration projects are other covered infrastructure sufficient to cover plications for chargers, such as vehicle-to-grid
conducted at, and such conduct is incorporated the energy demand of such fleets. or vehicle-to-building applications.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6045
(B) A determination of the optimal ownership geographically diverse Department of Defense fense for Energy, Installations, and Environ-
method to provide charging stations on the in- facilities for the use of sustainable aviation fuel. ment shall submit to the Committee on Armed
stallation, taking into account the following: Such program shall be designed to— Services and the Committee on Transportation
(i) Use of Government-owned (purchased, in- (1) identify any logistical challenges with re- and Infrastructure of the House of Representa-
stalled, and maintained) charging stations. spect to the use of sustainable aviation fuel by tives a final report on the pilot program. Such
(ii) Use of third-party financed, installed, op- the Department of Defense; and report shall include each of the following:
erated, and maintained charging stations. (2) explore opportunities for collaboration (1) An assessment of the effect of using sus-
(iii) Use of financing models in which energy with nearby commercial airports and sustain- tainable aviation fuel on the overall fuel costs of
and charging infrastructure operations and able aviation fuel refinery facilities to facilitate blended fuel.
maintenance are treated as a service. such use. (2) A description of any operational, infra-
(iv) Cyber and physical security consider- (b) SELECTION OF FACILITIES.— structure, or logistical requirements and rec-
ations and best practices associated with dif- (1) SELECTION.—Not later than one year after ommendations for the blending, certification,
ferent ownership, network, and control models. the date of the enactment of this Act, the Sec- and use of sustainable aviation fuel, with a
(C) A determination of the optimal power retary of Defense shall select at least two geo- focus on scaling up military-wide adoption of
source to provide charging stations at the instal- graphically diverse Department facilities at such fuel.
lation, taking into account the following: which to carry out the pilot program. At least
(i) Transformer and substation requirements. (3) Recommendations with respect to how mili-
one such facility shall be a facility with an on- tary installations can leverage proximity to com-
(ii) Microgrids and distributed energy to sup-
site refinery that is located in proximity to at mercial airports and other jet fuel consumers to
port both charging requirements and energy
least one major commercial airport that is also increase the rate of use of sustainable aviation
storage.
(3) SOURCE OF SERVICES.—Each Secretary of a actively seeking to increase the use of sustain- fuel, for both military and non-military use, in-
military department may use expertise within able aviation fuel. cluding potential collaboration on innovative fi-
(2) NOTICE TO CONGRESS.—Upon the selection nancing or purchasing and shared supply chain
the military department or enter into a contract
of each facility under paragraph (1), the Sec- infrastructure.
with a non-Department of Defense entity to
retary shall submit to the Committee on Armed (4) A description of the effects on performance
make the determinations specified in paragraph
(2). Services and the Committee on Transportation and operation aircraft using sustainable avia-
(d) FINAL DEADLINE FOR REPLACEMENT.—Be- and Infrastructure of the House of Representa- tion fuel including—
ginning not later than January 1, 2025, all vehi- tives notice of the selection, including an identi- (A) if used, considerations of various blending
cles in the nontactical vehicle fleet at each mili- fication of the facility selected. ratios and their associated benefits;
tary installation selected under subsection (b) (c) CERTIFICATION AND USE OF BLENDED SUS- (B) efficiency and distance improvements of
shall be electric vehicles. TAINABLE AVIATION FUEL.— flights fuels using sustainable aviation fuel;
(e) DEFINITIONS.—In this section: (1) PLANS.—For each facility selected under (C) weight savings on large transportation
(1) The terms ‘‘Armed Forces’’ and ‘‘military subsection (b), not later than one year after the aircraft and other types of aircraft with using
departments’’ have the meanings given those selection of the facility, the Secretary shall— blended fuel with higher concentrations of sus-
terms in section 101 of title 10, United States (A) develop a plan on how to implement, by
tainable aviation fuel;
Code. September 30, 2028, a certification program (D) maintenance benefits of using sustainable
(2) The term ‘‘charging station’’ means a col- under which aviation fuel must be certified as aviation fuel, including engine longevity;
lection of one or more electric vehicle supply blended to contain at least 10 percent sustain- (E) the effect of the use of sustainable avia-
equipment units. able aviation fuel as a requirement for use of tion fuel on emissions and air quality;
(3) The term ‘‘covered infrastructure’’— the aviation fuel at the facility (in addition to (F) the effect of the use of sustainable avia-
(A) means infrastructure that the Secretary of any other fuel certification requirement of the tion fuel on the environment and on sur-
Defense determines may be used to— Department of Defense or the Armed Forces); rounding communities, including environmental
(i) charge electric vehicles, including by trans- (B) submit the plan to the Committee on justice factors that are created by the demand
mitting electricity to such vehicles directly; or Armed Services and the Committee on Transpor-
(ii) support the charging of electric vehicles, for and use of sustainable aviation fuel by the
tation and Infrastructure of the House of Rep- Department of Defense; and
including by supporting the resilience of grids or resentatives; and
other systems for delivering energy to such vehi- (G) benefits with respect to job creation in the
(C) provide to such Committees a briefing on
cles (such as through the mitigation of grid sustainable aviation fuel production and supply
the plan that includes, at a minimum—
stress); and chain.
(i) a description of any operational, infra-
(B) includes— (g) SUSTAINABLE AVIATION FUEL DEFINED.—In
structure, or logistical requirements and rec-
(i) charging stations; this section, the term ‘‘sustainable aviation
ommendations for the blending, certification,
(ii) batteries; fuel’’ means liquid fuel that—
and use of sustainable aviation fuel; and
(iii) battery-swapping systems; (1) consists of synthesized hydrocarbon;
(ii) a description of any stakeholder engage-
(iv) microgrids; (2) meets the requirements of—
ment in the development of the plan, including
(v) off-grid charging systems; and (A) ASTM International Standard D7566 (or
(vi) other apparatuses installed for the spe- any consultations with nearby commercial air-
such successor standard); or
cific purpose of delivering energy to an electric port owners or operators.
(B) the co-processing provisions of ASTM
vehicle or to a battery intended to be used in an (2) IMPLEMENTATION OF PLANS.—For each fa-
International Standard D1655, Annex A1 (or
electric vehicle. cility selected under subsection (b), during the
such successor standard);
(4) The term ‘‘electric vehicle’’ includes— period beginning on a date that is not later than
(3) is derived from biomass (as such term is de-
(A) a plug-in hybrid electric vehicle that uses September 30, 2028, and for five years thereafter,
fined in section 45K(c)(3) of the Internal Rev-
a combination of electric and gas powered en- the Secretary shall require, in accordance with
enue Code of 1986), waste streams, renewable
gine that can use either gasoline or electricity as the respective plan developed under paragraph
energy sources, or gaseous carbon oxides;
a fuel source; and (1), the exclusive use at the facility of aviation
(4) is not derived from palm fatty acid dis-
(B) a plug-in electric vehicle that runs solely fuel that has been certified as blended to con-
tillates; and
on electricity and does not contain an internal tain at least 10 percent sustainable aviation
(5) conforms to the standards, recommended
combustion engine or gas tank. fuel.
practices, requirements and criteria, supporting
(5) The term ‘‘electric vehicle supply equip- (d) CRITERIA FOR SUSTAINABLE AVIATION
documents, implementation elements, and any
ment unit’’ means the port that supplies elec- FUEL.—Sustainable aviation fuel used under the
other technical guidance, for sustainable avia-
tricity to one vehicle at a time. pilot program shall meet the following criteria:
(6) The term ‘‘microgrid’’ means a group of (1) Such fuel shall be produced in the United tion fuels that are adopted by the International
interconnected loads and distributed energy re- States from non-food domestic feedstock sources. Civil Aviation Organization with the agreement
sources within clearly defined electrical bound- (2) Such fuel shall constitute drop-in fuel that of the United States.
aries that acts as a single controllable entity meets all specifications and performance re- SEC. 316. POLICY TO INCREASE DISPOSITION OF
with respect to the grid. quirements of the Department of Defense and SPENT ADVANCED BATTERIES
THROUGH RECYCLING.
(7) The term ‘‘military installation’’ has the the Armed Forces.
meaning given that term in section 2801 of title (e) WAIVER.—The Secretary may waive the re- (a) POLICY REQUIRED.—Not later than one
10, United States Code. quirement for the exclusive use at the facility of year after the date of the enactment of this Act,
(8) The term ‘‘nontactical vehicle’’ means a aviation fuel that has been certified as blended the Assistant Secretary of Defense for Energy,
vehicle other than a tactical vehicle. to contain at least 10 percent sustainable avia- Installations, and Environment, in coordination
(9) The term ‘‘tactical vehicle’’ means a motor tion fuel under the pilot program if the Sec- with the Director of the Defense Logistics Agen-
vehicle designed to military specification, or a retary— cy, shall establish a policy to increase the dis-
commercial design motor vehicle modified to (1) determines such use is not feasible due to position of spent advanced batteries of the De-
military specification, to provide direct trans- a lack of domestic availability of sustainable partment of Defense through recycling (includ-
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portation support of combat or tactical oper- aviation fuel or a national security contingency; ing by updating the Department of Defense
ations, or for the training of personnel for such and Manual 4160.21, titled ‘‘Defense Material Dis-
operations. (2) submits to the congressional defense com- position: Disposal Guidance and Procedures’’,
SEC. 315. PILOT PROGRAM ON USE OF SUSTAIN- mittees notice of such waiver and the reasons or such successor document, accordingly), for
ABLE AVIATION FUEL. for such waiver. the purpose of supporting the reclamation and
(a) IN GENERAL.—The Secretary of Defense (f) FINAL REPORT.—At the conclusion of the return of precious metals, rare earth metals, and
shall conduct a pilot program at two or more pilot program, the Assistant Secretary of De- elements of strategic importance (such as cobalt
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H6046 CONGRESSIONAL RECORD — HOUSE July 13, 2022
and lithium) into the supply chain or strategic which the entity agrees to conduct a review of licate such fuel storage capacity and of obtain-
reserves of the United States. the defueling process for the Red Hill Bulk Fuel ing any required environmental approvals to op-
(b) CONSIDERATIONS.—In developing the policy Storage Facility. erate such assets; and
under subsection (a), the Assistant Secretary (2) REPORTING REQUIREMENTS.—An agreement (ii) the timelines associated with acquiring or
shall consider, at a minimum, the following re- entered into under paragraph (1) shall provide building such assets and obtaining such approv-
cycling methods: that the non-Department of Defense entity shall als.
(1) Pyroprocessing. produce and make publicly available, by not (C) An analysis of the relative survivability,
(2) Hydroprocessing. later than 30 days after the completion of the reliability, risks, and any advantages associated
(3) Direct cathode recycling, relithiation, and defueling of the Red Hill Bulk Fuel Storage Fa- with the assets planned to replicate such fuel
upcycling. cility, an unclassified report on the defueling storage capacity, including any changes nec-
SEC. 317. GUIDANCE AND TARGET DEADLINE RE- process. essary for the operational plans of the Depart-
LATING TO FORMERLY USED DE- (e) CERTIFICATION REQUIREMENT.—The Sec- ment compared to such operational plans as in
FENSE SITES PROGRAMS. retary of the Navy may not begin the process of effect when the Red Hill Bulk Fuel Storage Fa-
(a) GUIDANCE RELATING TO SITE defueling the Red Hill Bulk Storage Facility be- cility was operational.
PRIORITIZATION.—The Assistant Secretary of fore the date on which the Secretary of Defense (D) An identification of the cost to the De-
Defense for Energy, Installations, and Environ- submits to the congressional defense committees partment of maintaining the Red Hill Bulk Fuel
ment shall issue guidance setting forth how, in certification that such defueling would not ad- Storage Facility in an empty but rapidly
prioritizing sites for activities funded under the versely affect the ability of the Department of reconstitutable state.
‘‘Environmental Restoration Account, Formerly Defense to provide fuel to support military oper- (E) Any other matters the Secretary of the De-
Used Defense Sites’’ account established under ations in the area of responsibility of the United fense considers relevant.
section 2703(a)(5) of title 10, United States Code, States Indo-Pacific Command. (c) RULE OF CONSTRUCTION.—Nothing in this
the Assistant Secretary shall weigh the relative (f) WAIVER.— section shall be construed to affect the authority
risk or other factors between Installation Res- (1) IN GENERAL.—The Secretary of Defense of the Secretary of Defense or the Secretary of
toration Program sites and Military Munitions may waive the deadline under subsection (a)(1) the Navy to conduct any of the following at Red
Response Program sites. for a period of not more than 180 days if the Hill Bulk Fuel Storage Facility:
(b) TARGET DEADLINE FOR MILITARY MUNI- Secretary submits to the congressional defense (1) Defueling activities.
TIONS RESPONSE PROGRAM.—The Assistant Sec- committees certification in writing that— (2) Remedial investigations.
retary of Defense for Energy, Installations, and (A) the Red Hill Bulk Fuel Storage Facility (3) Site or safety inspections.
Environment shall establish a target deadline cannot be defueled safely and in an environ- (4) Feasibility studies.
for the completion of the cleanup of all Military mentally sound manner before the deadline; or (5) Safety related repairs.
Munitions Response Program sites. (B) the State of Hawaii Department of Health (6) Monitoring.
SEC. 318. BUDGET INFORMATION FOR ALTER- objects to the defueling of the Facility. (7) Transferring of fuel.
NATIVES TO BURN PITS. (2) EXTENSIONS.—The Secretary may extend a (8) Maintenance and sustainment activities.
The Secretary of Defense shall include in the waiver issued under paragraph (1) if the Sec- SEC. 333. LIMITATION ON USE OF FUNDS PEND-
budget materials submitted to Congress in sup- retary submits to the congressional defense com- ING AWARD OF CERTAIN PROJECTS
mittees an additional certification described in AND IMPLEMENTATION OF CERTAIN
port of the Department of Defense budget for
paragraph (1) and a justification for the exten- RECOMMENDATIONS.
fiscal year 2024 (as submitted with the budget of
the President for such fiscal year under section sion of the waiver. Of the funds authorized to be appropriated by
1105(a) of title 31, United States Code) a dedi- SEC. 332. ACTIVITIES PRIOR TO DECOMMIS- this Act or otherwise made available for fiscal
cated budget line item for incinerators and SIONING OF RED HILL BULK STOR- year 2023 for operations and maintenance,
waste-to-energy waste disposal alternatives to AGE FACILITY. Navy, Administration line item, Line 440, not
burn pits. (a) LIMITATION.—None of the funds author- more than 25 percent may be obligated or ex-
ized to be appropriated by this Act or otherwise pended until the date on which the Secretary of
Subtitle C—Red Hill Bulk Fuel Facility the Navy certifies to the congressional defense
made available for the Department of Defense
SEC. 331. DEFUELING OF RED HILL BULK FUEL for fiscal year 2023 may be obligated or ex- committees that the Navy has awarded the
STORAGE FACILITY. projects listed within Chapter 8.1.1, Table 8-1,
pended to permanently close the Red Hill Bulk
(a) DEADLINE FOR COMPLETION OF Fuel Storage Facility until the date that is one and implemented the recommendation listed as
DEFUELING.— year after the date on which the Secretary of D1 within Appendix A.1 and Appendix A.2, of
(1) IN GENERAL.—Subject to the certification Defense, in consultation with the Commander of the document prepared by Simpson Gumpertz &
requirement under subsection (e), the Secretary United States Indo-Pacific Command, submits to Heger Inc, entitled ‘‘Final Assessment Report:
of the Navy, in cooperation with the Director of the congressional defense committees— Assessment of Red Hill Underground Fuel Stor-
the Defense Logistics Agency, shall complete the (1) the report required under subsection (b); age Facility Pearl Harbor, Hawaii’’ and dated
defueling of the Red Hill Bulk Fuel Storage Fa- and April 29, 2022.
cility by not later than December 31, 2023. (2) certification that— SEC. 334. PLACEMENT OF SENTINEL OR MONI-
(2) REPORT.—Not later than December 31, (A) a fuel capacity that is equivalent to the TORING WELLS IN PROXIMITY TO
2022, the Secretary of the Navy shall submit to capacity provided by the Red Hill Bulk Fuel RED HILL BULK FUEL FACILITY.
the congressional defense committees, and make Storage Facility has been added to the fuel ca- (a) IN GENERAL.—Not later than April 1, 2023,
publicly available on an appropriate website of pacity of United States Indo-Pacific Command; the Secretary of Defense, in coordination with
the Department of Defense, a report on the sta- and the Director of the United States Geological Sur-
tus of the defueling of the Red Hill Bulk Fuel (B) the bulk fuel requirements of United vey and the Administrator of the Environmental
Storage Facility. States Indo-Pacific Command have been fully Protection Agency, shall submit to the congres-
(b) COMPLIANCE WITH APPLICABLE LAWS.— programmed for funding in the five fiscal years sional defense committees a report on the place-
The Secretary of the Navy, in coordination with following the year in which the certification is ment of sentinel or monitoring wells in prox-
the Administrator of the Environmental Protec- submitted. imity to the Red Hill Bulk Fuel Facility for the
tion Agency and the State of Hawaii, shall plan (b) REPORT REQUIRED.— purpose of monitoring and tracking the move-
for and implement the defueling of the Red Hill (1) IN GENERAL.—Not later than one year after ment of fuel that has escaped the Facility. Such
Bulk Fuel Facility in a manner that complies the date of the enactment of this Act, the Sec- report shall include—
with all applicable laws. retary of the Defense shall submit to the con- (1) the number and location of new wells that
(c) MITIGATION PLAN.— gressional defense committees a report on the have been established during the 12-month pe-
(1) IN GENERAL.—Not later than one year after costs associated with replacing the Red Hill riod preceding the date of the submission of the
the date of the enactment of this Act, the Sec- Bulk Fuel Storage Facility. report;
retary of the Navy shall make publicly available (2) ELEMENTS.—The report required by para- (2) an identification of the wells proposed to
an unclassified report containing the plan of graph (1) shall include each of the following: be established by the aquifer recovery working
the Secretary for actions to be taken to mitigate (A) Detailed plans for how the Department of group;
the impacts caused by releases at the Red Hill Defense will replicate the aggregate bulk fuel (3) an analysis of the need for any wells not
Bulk Fuel Storage Facility, together with cost storage capacity of the Red Hill Bulk Fuel Stor- recommended by the aquifer recovery working
estimates for such actions. age Facility throughout the Indo-Pacific region, group;
(2) BRIEFING.—Not later than one year after including on United States territories and pos- (4) the proposed number and location of any
the date of the enactment of this Act, the Sec- sessions, as appropriate, in both steady state such additional wells; and
retary of the Navy shall provide to the congres- and in a major conflict lasting not less than 180 (5) the priority level of each proposed well
sional defense committees a briefing on the ac- days, including through the use of— based on—
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tions and cost estimates included in the plan re- (i) fleet oilers; (A) the optimal locations for new wells; and
quired under paragraph (1). (ii) fuel bladders; (B) the capability of a proposed well to assist
(d) OVERSIGHT REQUIREMENTS.— (iii) above ground storage facilities; and in monitoring and tracking the movement of fuel
(1) REVIEW.—Not later than 30 days after the (iv) hardened storage facilities. toward the Halawa shaft, the Halawa Well, and
date of the enactment of this Act, the Secretary (B) An identification of— the Aiea Well.
of Defense shall seek to enter into an agreement (i) any additional costs to the Department of (b) QUARTERLY BRIEFINGS.—Not later than 30
with an appropriate independent entity under acquiring or building the assets planned to rep- days after the submission of the report under
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6047
subsection (a), and every 90 days thereafter for nate with the State of Hawaii, the Honolulu specify that the study conducted under the
12 months, the Secretary of Defense shall pro- Board of Water Supply, the Secretary of the De- agreement will include a cost-benefit analysis of
vide to the congressional defense committees a partment in which the Coast Guard is oper- the feasible Department of Defense alternative
briefing on the progress of the Department to- ating, the Administrator of the Environmental uses considered under the study. Such cost-ben-
ward installing the wells described in para- Protection Agency, and any other individual or efit analysis shall cover each of the following
graphs (2) and (3) of subsection (a). entity the Secretary determines appropriate. for each such alternative use:
SEC. 335. REPORT ON DEPARTMENT OF DEFENSE (b) HYDROLOGICAL STUDY.— (1) The design and construction costs.
EFFORTS TO TRACK HEALTH IMPLI- (1) IN GENERAL.—Not later than July 31, 2023, (2) Life-cycle costs, including the operation
CATIONS OF FUEL LEAKS AT RED the Secretary of Defense shall enter into an and maintenance costs of operating the facility,
HILL BULK FUEL FACILITY. agreement with the Administrator of the Envi- such as annual operating costs, predicted main-
(a) IN GENERAL.—Not later than 90 days after ronmental Protection Agency and the Director tenance costs, and any disposal costs at the end
the date of the enactment of this Act, the Sec- of the United States Geological Survey, in con- of the useful life of the facility.
retary of Defense, in consultation with the Di- sultation with the State of Hawaii, to perform a (3) Any potential military benefits.
rector of the Centers for Disease Control and study to model the groundwater flow in the area (4) Any potential benefits for the local econ-
Prevention and the Administrator of the Envi- surrounding the Red Hill Bulk Fuel Storage Fa- omy, including any potential employment op-
ronmental Protection Agency, shall submit to cility. The model shall be designed to— portunities for members of the community.
the appropriate congressional committees a re- (A) seek to improve the understanding of the (5) A determination of environmental impact
port on the efforts of the Secretary to appro- direction and rate of groundwater flow and dis- analysis requirements.
priately track the health implications of fuel solved constituent migration within the aquifers (6) The effects of the use on future mitigation
leaks from the Red Hill Bulk Fuel Facility for around the facility; efforts.
members of the Armed Forces and their depend- (B) reflect site specific data, including avail-
(7) Any additional factors determined to be
ents, including members and dependents from able data of the heterogeneous subsurface geo-
relevant by the federally funded research and
each Armed Force, including the Coast Guard. logic system; and
(C) address any previously identified defi- development center in consultation with the
The report shall include each of the following: Secretary.
(1) A plan to coordinate with the Centers for ciencies in existing groundwater flow models.
(2) DEADLINE FOR COMPLETION.—The study (c) DEADLINE FOR COMPLETION.—An agree-
Disease Control and Prevention to align with
under paragraph (1) shall be completed by not ment entered into pursuant to subsection (a)
the environmental health assessment and moni-
later than one year after the date of the enact- shall specify that the study conducted under the
toring efforts of the Centers.
ment of this Act. agreement shall be completed by not later than
(2) A description of any potential benefits of
(c) REPORT; BRIEFING.— February 1, 2024.
coordinating and sharing data with the State of
(1) IN GENERAL.—Upon completion of the stud- (d) BRIEFING.—Upon completion of a study
Hawaii Department of Health.
ies under subsections (a) and (b), the Secretary conducted under an agreement entered into pur-
(3) An analysis of the extent to which data
shall— suant to subsection (a), the Secretary shall pro-
from the State of Hawaii Department of Health
(A) submit to the appropriate congressional vide to the Committees on Armed Services of the
and data from other non-Department of Defense
committees a report on the findings of the stud- Senate and House of Representatives a briefing
sources can and should be used in any long-
ies; and on the findings of the study.
term health study relating to fuel leaks from the
Red Hill Bulk Fuel Facility. (B) provide to such committees a briefing on (e) PUBLIC AVAILABILITY.—
(4) A description of the potential health impli- such findings. (1) FFRDC.—An agreement entered into pur-
cations of contaminants, including fuel, found (2) APPROPRIATE CONGRESSIONAL COMMIT- suant to subsection (a) shall specify that the
TEES.—In this subsection, the term ‘‘appropriate federally funded research and development cen-
in the drinking water distribution system at the
Red Hill Bulk Fuel Facility during testing after congressional committees’’ means— ter shall make an unclassified version of the re-
(A) the congressional defense committees; port provided to the Secretary publicly available
the fuel leaks that occurred in May and Novem-
(B) the Committee on Transportation and In- on an appropriate website of the center.
ber 2021.
frastructure and the Committee on Energy and (2) DEPARTMENT OF DEFENSE.—Upon receipt of
(5) A description of any contaminants, includ-
Commerce of the House of Representatives; and such report, the Secretary shall make an unclas-
ing fuel, detected in the water during the 12-
(C) the Committee on Commerce, Science, and sified version of the report publicly available on
month period preceding the fuel leak that oc-
Transportation and the Committee on Environ- an appropriate website of the Department of De-
curred in November 2021.
ment and Public Works of the Senate. fense.
(6) A description of any potential benefits of
SEC. 337. STUDY ON ALTERNATIVE USES FOR RED
broadening the tracing window to include indi- HILL BULK FUEL FACILITY.
Subtitle D—Treatment of Perfluoroalkyl
cations of contaminants, including fuel, in the Substances and Polyfluoroalkyl Substances
(a) STUDY REQUIRED.—
drinking water supply at the Red Hill Bulk Fuel (1) IN GENERAL.—Not later than 30 days after SEC. 341. PRIZES FOR DEVELOPMENT OF NON-
Facility before May 2021. the date of the enactment of this Act, the Sec- PFAS-CONTAINING TURNOUT GEAR.
(b) APPROPRIATE CONGRESSIONAL COMMIT- Section 330 of the National Defense Author-
retary of Defense shall seek to enter into an
TEES.—In this section, the term ‘‘appropriate ization Act for Fiscal Year 2021 (Public Law
agreement with a federally funded research and
congressional committees’’ means— 116–283; 134 Stat. 3528; 10 U.S.C. 2661 note prec.)
development center that meets the criteria speci-
(1) the congressional defense committees; is amended—
fied in paragraph (2) under which such center
(2) the Committee on Energy and Commerce of
will conduct a study to determine the range of (1) in subsection (a)—
the House of Representatives; and
feasible alternative Department of Defense uses (A) by striking ‘‘of a non-PFAS-containing’’
(3) the Committee on Energy and Natural Re-
for the Red Hill Bulk Fuel Facility and provide and inserting ‘‘of the following:’’
sources of the Senate.
to the Secretary a report on the findings of the ‘‘(1) A non-PFAS-containing’’; and
SEC. 336. STUDIES RELATING TO WATER NEEDS
OF THE ARMED FORCES ON OAHU.
study. The conduct of such study shall in- (B) by adding at the end the following new
clude— paragraph:
(a) STUDY ON FUTURE WATER NEEDS OF
(A) engagement with stakeholders; ‘‘(2) Covered personal protective firefighting
OAHU.— (B) a review of historical alternative uses of
(1) IN GENERAL.—Not later than July 31, 2023, equipment that does not contain an inten-
facilities with similar characteristics; and tionally added perfluoroalkyl substance or
the Secretary of the Defense, in coordination (C) such other modalities as determined nec-
with the Honolulu Board of Water Supply, shall polyfluoroalkyl substance.’’; and
essary to appropriately identify alternative use (2) by amending subsection (f) to read as fol-
conduct a study on how the Department of De- options, including data and information col-
fense can best address the future water needs on lows:
lected from various stakeholders and through ‘‘(f) DEFINITIONS.—In this section:
the island of Oahu for the Armed Forces. Such site visits to physically inspect the facility.
study shall include consideration of— ‘‘(1) The term ‘perfluoroalkyl substance’
(2) CRITERIA FOR FFRDC.—The federally fund- means a man-made chemical of which all of the
(A) the construction of a new water treatment ed research and development center with which
plant or plants; carbon atoms are fully fluorinated carbon
the Secretary seeks to enter into an agreement atoms.
(B) the construction of a new well for use by under paragraph (1) shall meet the following
members of the Armed Forces and the civilian ‘‘(2) The term ‘polyfluoroalkyl substance’
criteria: means a man-made chemical containing at least
population; (A) A primary focus on studies and analysis.
(C) the construction of a new well for the ex- one fully fluorinated carbon atom and at least
(B) A record of conducting research and anal-
clusive use of members of the Armed Forces; one non-fully fluorinated carbon atom.
ysis using a multidisciplinary approach.
(D) transferring ownership and operation of (C) Demonstrated specific competencies in— ‘‘(3) The term ‘covered personal protective
existing Department of Defense utilities to a mu- (i) life cycle cost-benefit analysis; firefighting equipment’’ means the following:
nicipality or existing publicly owned utility; (ii) military facilities and how such facilities ‘‘(A) Turnout gear jacket or coat.
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(E) conveying the Navy utilities to the Hono- support missions; and ‘‘(B) Turnout gear pants.
lulu Board of Water Supply, with consideration; (iii) the measurement of environmental im- ‘‘(C) Turnout coveralls.
and pacts. ‘‘(D) Any other personal protective fire-
(F) any other water solutions the Secretary (D) A strong reputation for publishing pub- fighting equipment, as determined by the Sec-
determines appropriate. licly releasable analysis to inform public debate. retary of Defense, in consultation with the Ad-
(2) COORDINATION.—In carrying out the study (b) COST-BENEFIT ANALYSIS.—An agreement ministrator of the United States Fire Adminis-
under paragraph (1), the Secretary shall coordi- entered into pursuant to subsection (a) shall tration.’’.
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H6048 CONGRESSIONAL RECORD — HOUSE July 13, 2022
SEC. 342. MODIFICATION TO RESTRICTION ON DE- (H) Such other items as may be determined by (A) Perfluorononanoic acid (PFNA).
PARTMENT OF DEFENSE PROCURE- the Secretary of Defense. (B) Perfluorooctanoic acid (PFOA).
MENT OF CERTAIN ITEMS CON- (2) The terms ‘‘perfluoroalkyl substance’’ and (C) Perfluorohexanoic acid (PFHxA).
TAINING PERFLUOROOCTANE (D) Perfluorooctane sulfonic acid (PFOS).
SULFONATE OR
‘‘polyfluoroalkyl substance’’ have the meaning
given such terms in section 333 of the William (E) Perfluorohexane sulfonate (PFHxS).
PERFLUOROOCTANOIC ACID.
M. (Mac) Thornberry National Defense Author- (F) Perfluorobutane sulfonic acid (PFBS).
(a) MODIFICATION.—Section 333 of the William (G) Perfluoroheptanoic acid (PFHpA).
M. (Mac) Thornberry National Defense Author- ization Act for Fiscal Year 2021 (Public Law
116–283; 134 Stat. 3531, 10 U.S.C. 3063 note), as (H) Perfluorodecanoic acid (PFDA).
ization Act for Fiscal Year 2021 (Public Law (I) Fluorotelomer sulfonamide betaine.
116–283; 134 Stat. 3531, 10 U.S.C. 3063 note) is amended by subsection (a).
(2) The term ‘‘response action’’ means an ac-
amended— SEC. 343. PROHIBITION ON PURCHASE BY DE- tion taken pursuant to section 104 of the Com-
PARTMENT OF DEFENSE OF FIRE-
(1) in the section heading, by striking prehensive Environmental Response, Compensa-
FIGHTING EQUIPMENT CONTAINING
‘‘PERFLUOROOCTANE SULFONATE OR
PER- AND POLYFLUOROALKYL SUB- tion, and Liability Act of 1980 (42 U.S.C. 9604).
PERFLUOROOCTANOIC ACID’’ and inserting STANCES. (c) SAVINGS CLAUSE.—Except with respect to
‘‘PERFLUOROALKYL SUBSTANCES OR (a) PROHIBITION ON PROCUREMENT.—Except the specific level required to be met under sub-
POLYFLUOROALKYL SUBSTANCES’’; as provided in subsection (d), beginning October section (a), nothing in this section affects the
(2) in subsection (a), by striking 1, 2025, the Secretary of Defense may not enter application of the Comprehensive Environ-
‘‘perfluorooctane sulfonate (PFOS) or into any contract for the purchase of personal mental Response, Compensation, and Liability
perfluorooctanoic acid (PFOA)’’ and inserting protective firefighting equipment for use by fire- Act of 1980 (42 U.S.C. 9601 et seq.).
‘‘any perfluoroalkyl substance or fighters of the Department of Defense if such SEC. 345. LIST OF CERTAIN PFAS USES DEEMED
polyfluoroalkyl substance’’; and equipment contains a per- or polyfluoroalkyl ESSENTIAL; BRIEFINGS ON DEPART-
(3) by amending subsection (b) to read as fol- MENT OF DEFENSE PROCUREMENT
substance. OF CERTAIN ITEMS CONTAINING
lows: (b) IMPLEMENTATION.—The Secretary of De- PFOS OR PFOA.
‘‘(b) DEFINITIONS.—In this section: fense shall include the prohibition under sub-
‘‘(1) The term ‘covered item’ means the fol- (a) LIST OF PFAS USES DEEMED ESSENTIAL.—
section (a) in any contract for the purchase of Not later than June 1, 2023, the Secretary of De-
lowing: personal protective firefighting equipment for
‘‘(A) Nonstick cookware or food service ware fense shall submit to the Committees on Armed
use by firefighters of the Department of Defense. Services of the House of Representatives and the
for use in galleys or dining facilities. (c) SAVINGS CLAUSE.—Nothing in this section
‘‘(B) Food packaging materials. Senate a list of each known use of per- or
shall be construed— polyfluoroalkyl substances that the Secretary
‘‘(C) Cleaning products, including floor (1) to require the Secretary of Defense to test
waxes. has deemed an essential use for which use of a
any piece of covered personal protective fire- replacement substance is impossible or impracti-
‘‘(D) Carpeting. fighting equipment to confirm the absence of
‘‘(E) Rugs, curtains, and upholstered fur- cable. For each use so listed, the Secretary
per- and polyfluoroalkyl substances; or shall—
niture. (2) to affect existing inventories of personal
‘‘(F) Sunscreen. (1) identify why the use is essential; and
protective firefighting equipment. (2) provide a brief explanation as to why such
‘‘(G) Shoes and clothing for which treatment (d) LACK OF AVAILABILITY.—
with a perfluoroalkyl substance or replacement is impossible or impracticable, as
(1) IN GENERAL.—If the Secretary of Defense the case may be.
polyfluoroalkyl substance is not necessary for determines that equipment described in para- (b) ANNUAL BRIEFINGS.—Not later than 270
an essential function. graph (2) is not available for purchase by the days after the date of the enactment of this Act,
‘‘(2) The term ‘perfluoroalkyl substance’ Department of Defense, the requirement under and annually thereafter, the Secretary of De-
means a man-made chemical of which all of the subsection (a) shall not apply until such date as fense shall provide to the Committees on Armed
carbon atoms are fully fluorinated carbon the Secretary determines that such equipment is Services of the House of Representatives and the
atoms. available for purchase. Senate a briefing that includes a description of
‘‘(3) The term ‘polyfluoroalkyl substance’ (2) EQUIPMENT DESCRIBED.—The equipment each of the following:
means a man-made chemical containing at least described in this paragraph is personal protec- (1) Steps taken to identify covered items pro-
one fully fluorinated carbon atom and at least tive firefighting equipment that— cured by the Department of Defense that con-
one nonfluorinated carbon atom.’’. (A) does not contain a per- or polyfluoroalkyl tain perfluorooctane sulfonate (PFOS) or
(b) REPORTS ON PROCUREMENT OF CERTAIN substance; perfluorooctanoic acid (PFOA).
ITEMS WITHOUT INTENTIONALLY ADDED (B) meets every applicable standard for per- (2) Steps taken to identify products and ven-
PERFLUOROALKYL SUBSTANCES OR sonal protective firefighting equipment (other dors of covered items that do not contain PFOS
POLYFLUOROALKYL SUBSTANCES.—Not later than a standard specifically relating to per- or or PFOA.
than 270 days after the date of the enactment of polyfluoroalkyl substances); and (3) Steps taken to limit the procurement by the
this Act, and annually thereafter, the Secretary (C) is at least as protective as current personal Department of covered items that contain PFOS
of Defense shall submit to the Committees on protective firefighting equipment containing a or PFOA.
Armed Services of the House of Representatives per- or polyfluoroalkyl substance. (4) Steps the Secretary intends to take to limit
and the Senate a report containing a detailed SEC. 344. STANDARDS FOR RESPONSE ACTIONS the procurement of covered items that contain
description of the following: WITH RESPECT TO PFAS CONTAMI- PFOS or PFOA.
(1) Steps taken to identify covered items with NATION. (c) COVERED ITEM DEFINED.—In this section,
any intentionally added perfluoroalkyl sub- (a) IN GENERAL.—In conducting a response the term ‘‘covered item’’ means—
stance or polyfluoroalkyl substance procured by action to address perfluoroalkyl or (1) nonstick cookware or cooking utensils for
the Department of Defense. polyfluoroalkyl substance contamination from use in galleys or dining facilities; and
(2) Steps taken to identify covered items with- Department of Defense or National Guard ac- (2) upholstered furniture, carpets, and rugs
out any intentionally added perfluoroalkyl sub- tivities, the Secretary of Defense shall conduct that have been treated with stain-resistant coat-
stance or polyfluoroalkyl substance, and the such actions to achieve a level of such sub- ings.
vendors of such covered items, for procurement stances in the environmental media that meets Subtitle E—Logistics and Sustainment
by the Department. or exceeds the most stringent of the following SEC. 351. RESOURCES REQUIRED FOR ACHIEVING
(3) Steps taken to limit the procurement by the standards for each applicable covered PFAS MATERIEL READINESS METRICS AND
Department of covered items with any inten- substance in any environmental media: OBJECTIVES FOR MAJOR DEFENSE
tionally added perfluoroalkyl substance or (1) A State standard, as described in section ACQUISITION PROGRAMS.
polyfluoroalkyl substance. 121(d)(2)(A)(ii) of the Comprehensive Environ- (a) IN GENERAL.—Section 118 of title 10,
(4) Planned steps of the Department to limit mental Response, Compensation, and Liability United States Code, is amended:
the procurement of items with any intentionally Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)), that is (1) in subsection (d)(2), by striking ‘‘objec-
added perfluoroalkyl substance or in effect in the State in which the response ac- tives’’ and inserting ‘‘objectives, such as infra-
polyfluoroalkyl substance. tion is being conducted, regardless of whether structure, workforce, or supply chain consider-
(c) DEFINITIONS.—In this section: any agency has made a determination under ations’’;
(1) The term ‘‘covered item’’ includes the fol- section 300.400(g) of title 40, Code of Federal (2) redesignating subsection (e) as subsection
lowing: Regulations, with respect to such standard for (f); and
(A) Nonstick cookware or food service ware purposes of the response action. (3) inserting after subsection (d) the following
for use in galleys or dining facilities. (2) A Federal standard, as described in section new subsection (e):
(B) Food packaging materials. 121(d)(2)(A)(i) of the Comprehensive Environ- ‘‘(e) FUNDING ESTIMATES.—Not later than five
(C) Cleaning products, including floor waxes. mental Response, Compensation, and Liability days after the date on which the Secretary of
dlhill on DSK120RN23PROD with HOUSE
(D) Carpeting. Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)). Defense submits to Congress the materials in
(E) Rugs, curtains, and upholstered furniture. (3) A health advisory under section support of the budget of the President for a fis-
(F) Sunscreen. 1412(b)(1)(F) of the Safe Drinking Water Act (42 cal year, the Director of Cost Assessment and
(G) Shoes and clothing for which treatment U.S.C. 300g–1(b)(1)(F)). Performance Evaluation shall submit to the con-
with a perfluoroalkyl substance or (b) DEFINITIONS.—In this section: gressional defense committees a comprehensive
polyfluoroalkyl substance is not necessary for (1) The term ‘‘covered PFAS substance’’ estimate of the funds necessary to meet the ma-
an essential function. means any of the following: teriel readiness objectives required by subsection
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6049
(c) through the period covered by the most re- (b) CLERICAL AMENDMENT.—The table of sec- (e) DEFINITIONS.—In this section:
cent future-years defense program. At a min- tions at the beginning of chapter 9 of title 10, (1) The term ‘‘appropriate congressional com-
imum, the Director shall provide, for each major United States Code, is amended by striking the mittees’’ means—
weapon system, by designated mission design se- item relating to section 231 and inserting the fol- (A) the congressional defense committees;
ries, variant, or class, a comprehensive estimate lowing new item: (B) the Committee on Transportation and In-
of the funds necessary to meet such objectives ‘‘231. Budgeting for construction, maintenance, frastructure of the House of Representatives;
that— and modernization of naval ves- and
‘‘(1) have been obligated by subactivity group (C) the Committee on Commerce, Science, and
sels: annual plan and certifi-
within the operation and maintenance accounts Transportation of the Senate.
cation.’’.
for the second fiscal year preceding the budget (2) The term ‘‘contested logistics environment’’
SEC. 353. INDEPENDENT STUDY RELATING TO
year; FUEL DISTRIBUTION LOGISTICS
has the meaning given that term in section 2926
‘‘(2) the Director estimates will have been obli- ACROSS UNITED STATES INDO-PA- of title 10, United States Code.
gated by subactivity group within the operation CIFIC COMMAND. Subtitle F—Matters Relating to Depots and
and maintenance accounts by the end of the fis- (a) STUDY.—Not later than the 30 days after Ammunition Production Facilities
cal year preceding the budget year; and the date of the enactment of this Act, the Sec- SEC. 361. BUDGETING FOR DEPOT AND AMMUNI-
‘‘(3) have been budgeted and programmed retary of Defense shall seek to enter into a con- TION PRODUCTION FACILITY MAIN-
across the future years defense program within tract with a federally funded research and de- TENANCE AND REPAIR: ANNUAL RE-
the operation and maintenance accounts by velopment center to conduct a study on fuel dis- PORT.
subactivity group.’’. tribution logistics in the area of responsibility of Chapter 9 of title 10, United States Code, is
(b) PHASED IMPLEMENTATION.—The Director the United States Indo-Pacific Command. amended by adding at the end the following
of Cost Assessment and Performance Evalua- (b) CRITERIA FOR FFRDC.—The federally new section (and conforming the table of sec-
tion, may meet the requirements of subsection funded research and development center with tions at the beginning of such chapter accord-
(e) of section 118 of title 10, United States Code, which the Secretary seeks to enter into an con- ingly):
as added by subsection (a), through a phased tract under subsection (a) shall meet the fol- ‘‘§ 239d. Budgeting for depot and ammunition
submission of the funding estimates required lowing criteria, as determined by the Secretary: production facility maintenance and repair:
under such subsection. In conducting a phased (1) A primary focus on the conduct of studies annual report
implementation, the Director shall ensure that— and analysis. ‘‘(a) ANNUAL REPORT.—The Secretary of De-
(1) for the budget request for fiscal year 2024, (2) A demonstrated record of conducting re-
fense, in coordination with the Secretaries of
funding estimates are provided for a representa- search and analysis using a multidisciplinary
the military departments, shall include with the
tive sample by military department of at least approach.
(3) A strong reputation for publishing publicly defense budget materials for each fiscal year a
one-third of the major weapon systems; report regarding the maintenance and repair of
(2) for the budget request for fiscal year 2025, releasable analysis to inform public debate.
(c) ELEMENTS.—The study conducted pursu- covered facilities.
funding estimates are provided for an additional ‘‘(b) ELEMENTS.—Each report required under
one-third of the major weapon systems; and ant to subsection (a) shall include, with respect
to the area of responsibility of the United States subsection (a) shall include, at a minimum, the
(3) full implementation for all major weapons following (disaggregated by military depart-
systems is completed not later than five days Indo-Pacific Command, the following:
(1) An evaluation of the vulnerabilities associ- ment):
after the date on which the Secretary of Defense ‘‘(1) With respect to each of the three fiscal
ated with the production, refinement, and dis-
submits to Congress the materials in support of years preceding the fiscal year covered by the
tribution of fuel by the Armed Forces during pe-
the budget of the President for fiscal year 2026. defense budget materials with which the report
riods of conflict and in contested logistics envi-
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND is included, revenue data for that fiscal year for
MODERNIZATION OF NAVAL VES-
ronments within the area, including with re-
spect to the capability of the Armed Forces to the maintenance, repair, and overhaul workload
SELS. funded at all the depots of the military depart-
(a) ANNUAL PLAN.—Section 231 of title 10, sustain operational flights by aircraft and joint
force distributed operations. ment.
United States Code, is amended— ‘‘(2) With respect to the fiscal year covered by
(1) in the heading, by inserting ‘‘, mainte- (2) An assessment of potential adversary capa-
bilities to disrupt such fuel distribution in the the defense budget materials with which the re-
nance, and modernization’’ after ‘‘construc- port is included and each of the two fiscal years
tion’’; area through a variety of means, including fi-
nancial means, cyber means, and conventional prior, an identification of the following:
(2) by redesignating subsections (d) through ‘‘(A) The amount of appropriations budgeted
(f) as subsections (e) through (g), respectively; kinetic attacks.
(3) An assessment of any gaps in the capa- for that fiscal year for depots, further
(3) by inserting after subsection (c) the fol- disaggregated by the type of appropriation.
bility or capacity of inter- or intra-theater fuel
lowing new subsection: ‘‘(B) The amount budgeted for that fiscal year
‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND distribution, including any gaps relating to stor-
age, transfer platforms, manning for platforms, for working-capital fund investments by the
MODERNIZATION OF NAVAL VESSELS.—In addi- Secretary of the military department for the
tion to the plan included under subsection command and control, or fuel handling.
(4) An evaluation of the positioning of defense capital budgets of the covered depots of the mili-
(a)(1), the Secretary of Defense shall include tary department, shown in total and further
fuel support points in the area, including with
with the defense budget materials for a fiscal disaggregated by whether the investment relates
respect to operational suitability and vulner-
year each of the following: to the efficiency of depot facilities, work envi-
ability to a variety of kinetic threats.
‘‘(1) A plan for the maintenance and mod- (5) An assessment of the readiness of allies ronment, equipment, equipment (non-capital in-
ernization of naval vessels that includes the fol- and partners of the United States to support the vestment program), or processes.
lowing: supply, storage, and distribution of fuel by the ‘‘(C) The total amount required to be invested
‘‘(A) A forecast of the maintenance and mod- by the Secretary of the military department for
Armed Forces in the area, including a review of
ernization requirements for both the naval ves- that fiscal year for the capital budgets of cov-
any relevant security cooperation agreements
sels in the inventory of the Navy and the vessels ered depots pursuant to section 2476(a) of this
entered into between the United States and such
required to be delivered under the naval vessel title.
allies and partners.
construction plan under subsection (a)(1). (6) An assessment of potential actions to miti- ‘‘(D) A comparison of the budgeted amount
‘‘(B) A description of the initiatives of the gate any vulnerabilities identified pursuant to identified under subparagraph (B) with the
Secretary of the Navy to ensure that activities the study. total required amount identified under subpara-
key to facilitating the maintenance and mod- (d) REPORT.— graph (C).
ernization of naval vessels (including with re- (1) SUBMISSION TO SECRETARY OF DEFENSE.— ‘‘(E) For each covered depot of the military
spect to increasing workforce and industrial (A) IN GENERAL.—The Secretary of Defense department, of the total required amount identi-
base capability and capacity, shipyard level- shall require, as a term of any contract entered fied under subparagraph (C), the percentage of
loading, and facility improvements) receive suf- into with a federally funded research and devel- such amount allocated, or projected to be allo-
ficient resourcing, and are including in appro- opment center to conduct a study pursuant to cated, to the covered depot for that fiscal year.
priate planning, to facilitate the requirements subsection (a), that not later than one year ‘‘(3) For each covered facility of the military
specified in subparagraph (A). after the date of entering into such contract, the department, the following:
‘‘(2) A certification by the Secretary that both federally funded research and development cen- ‘‘(A) Information on the average facility con-
the budget for that fiscal year and the future- ter shall submit to the Secretary a report con- dition, average critical facility condition, res-
years defense program submitted to Congress in taining the findings of the study. toration and maintenance project backlog, and
relation to such budget under section 221 of this (B) FORM.—The report under subparagraph average equipment age, including a description
title provide for funding for the maintenance (A) shall be submitted in an unclassified and of any changes in such metrics from previous
and modernization of naval vessels at a level publicly releasable form, but may contain a years.
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that is sufficient for such maintenance and classified annex. ‘‘(B) Information on the status of the imple-
modernization in accordance with the plan (2) SUBMISSION TO CONGRESS.—Not later than mentation at the covered facility of the plans
under paragraph (1).’’; and 30 days after the date on which the Secretary of and strategies of the Department of Defense re-
(4) in subsection (f), as redesignated by para- Defense receives the report under paragraph (1), lating to covered facility improvement, includ-
graph (2), by inserting ‘‘ and the plan and cer- the Secretary shall submit to the appropriate ing, as applicable, the implementation of the
tification under subsection (d)’’ after ‘‘sub- congressional committees a copy of such report, strategy required under section 359 of the Na-
section (a)’’. submitted without change. tional Defense Authorization Act for Fiscal
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H6050 CONGRESSIONAL RECORD — HOUSE July 13, 2022
Year 2020 (Public Law 116–92; 133 Stat. 1323; 10 SEC. 366. FIVE-YEAR PLANS FOR IMPROVEMENTS (2) results-oriented metrics;
U.S.C. 2460 note). TO DEPOT AND AMMUNITION PRO- (3) the identification of required resources,
‘‘(c) DEFINITIONS.—In this section: DUCTION FACILITY INFRASTRUC- risks, and stakeholders; and
TURE. (4) regular reporting on progress to decision-
‘‘(1) The term ‘ammunition production facil-
ity’ means an ammunition organic industrial (a) FIVE-YEAR PLANS REQUIRED.—Concurrent makers.
base production facility. with the submission to Congress of the budget of (d) DEFINITIONS.—In this section:
‘‘(2) The terms ‘budget’ and ‘defense budget the President for each of fiscal years 2024, 2025, (1) The term ‘‘ammunition production facil-
materials’ have the meaning given those terms 2026, 2027, and 2028 pursuant to section 1105(a) ity’’ means an ammunition organic industrial
in section 234 of this title. of title 31, United States Code, each Secretary of base production facility.
‘‘(3) The term ‘covered depot’ has the meaning a military department shall submit to the con- (2) The term ‘‘covered depot’’ has the meaning
given that term in section 2476 of this title. gressional defense committees a report con- given that term in section 2476 of title 10, United
‘‘(4) The term ‘covered facility’ means a cov- taining a description of the plan of that Sec- States Code.
ered depot or an ammunition production facil- retary to improve depot and ammunition pro- (3) The term ‘‘covered facility’’ means a cov-
ity.’’. duction facility infrastructure during the five ered depot or an ammunition production facil-
SEC. 362. EXTENSION OF AUTHORIZATION OF fiscal years following the fiscal year for which ity.
DEPOT WORKING CAPITAL FUNDS such budget is submitted, with the objective of SEC. 367. CLARIFICATION OF CALCULATION FOR
FOR UNSPECIFIED MINOR MILITARY ensuring that all covered facilities have the ca- CERTAIN WORKLOAD CARRYOVER OF
CONSTRUCTION. pacity and capability to support the readiness DEPARTMENT OF ARMY.
Section 2208(u)(4) of title 10, United States and material availability goals of current and For purposes of calculating the amount of
Code, is amended by striking ‘‘2023’’ and insert- future weapon systems of the Department of De- workload carryover with respect to the depots
ing ‘‘2025’’. fense. and arsenals of the Department of the Army,
SEC. 363. MODIFICATION TO MINIMUM CAPITAL (b) ELEMENTS.—Each plan required pursuant the Secretary of Defense shall authorize the Sec-
INVESTMENT FOR CERTAIN DEPOTS. to subsection (a) shall include, with respect to retary of the Army to use a calculation for such
(a) MODIFICATION.—Section 2476 of title 10, the depots and ammunition production facilities carryover that applies a material end of period
United States Code, is amended— of the military department for which the plan is exclusion.
(1) in subsection (a)— submitted, the following: Subtitle G—Reports
(A) by striking ‘‘six’’ and inserting ‘‘eight’’; (1) A comprehensive review of the conditions SEC. 371. ANNUAL REPORTS BY DEPUTY SEC-
and and performance of each covered facility, in- RETARY OF DEFENSE ON ACTIVITIES
(B) by adding at the end the following new cluding the following: OF JOINT SAFETY COUNCIL.
sentence: ‘‘Of such total amount required to be (A) An assessment of the current status of the Section 184(k) of title 10, United States Code is
invested, an amount equal to not less than two following elements: amended—
percent of such average total for the preceding (i) Cost and schedule performance of the cov- (1) by striking ‘‘REPORT.—The Chair’’ and in-
three fiscal years shall be invested from funds ered facility. serting ‘‘REPORTS.—(1) The Chair’’; and
authorized for Facilities Sustainment, Restora- (ii) Material availability of weapon systems (2) by adding at the end the following new
tion, and Modernization activities of the mili- supported at the covered facility and the impact paragraph:
tary department.’’; and of the performance of the covered facility on ‘‘(2) Not later than December 31, 2022, and on
(2) in subsection (b), by inserting ‘‘ including that availability. an annual basis thereafter, the Deputy Sec-
through the rebuilding of property following the (iii) Work in progress and non-operational retary of Defense shall submit to the congres-
end of the economic useful life of the property items awaiting covered facility maintenance. sional defense committees a report containing—
and the restoration of property or equipment to (iv) The condition of the covered facility. ‘‘(A) a summary of the goals and priorities of
like-new condition,’’ after ‘‘operations,’’; (v) The backlog of restoration and moderniza- the Deputy Secretary for the year following the
(3) by redesignating subsections (c) through tion projects at the covered facility. date of the submission of the report with respect
(e) as subsections (d) through (f); and (vi) The condition of equipment at the covered to the activities of the Council; and
facility. ‘‘(B) an assessment by the Deputy Secretary
(4) by inserting after subsection (b) the fol-
(vii) The vulnerability of the covered facility of the activities of the Council carried out dur-
lowing new subsection:
‘‘(c) COMPLIANCE WITH CERTAIN REQUIRE- to adverse environmental conditions and, if nec- ing the year preceding the date of such submis-
MENTS.—In identifying amounts to invest pursu- essary, the investment required to withstand sion.’’.
those conditions. SEC. 372. QUARTERLY REPORTS ON EXPENDI-
ant to the requirement under subsection (a), the
(B) With respect to the five-year period cov- TURES FOR ESTABLISHMENT OF
Secretary of a military department shall comply FUEL DISTRIBUTION POINTS IN
with all applicable requirements of sections 129 ered by the plan, an identification of the major
INDOPACOM AREA OF RESPONSI-
and 129a of this title.’’. lines of effort, milestones, and specific goals BILITY.
(b) CONFORMING AMENDMENT.—Section 2861(b) over such period to address the elements speci-
(a) QUARTERLY REPORTS REQUIRED.—The
of such title is amended by striking ‘‘subsection fied in subparagraph (A) and a description of
Commander of United States Indo-Pacific Com-
(e) of section 2476’’ and inserting ‘‘subsection (f) how such goals serve the long-term strategies of
mand shall submit to the congressional defense
of section 2476’’. the Department of Defense relating to covered
committees quarterly reports on the use of the
(c) APPLICABILITY.—The amendments made by facility improvement, including, as applicable,
funds described in subsection (c) until the date
subsection (a) shall apply with respect to fiscal the strategy required under section 359 of the
on which all such funds are expended.
years beginning on or after October 1, 2023. National Defense Authorization Act for Fiscal (b) CONTENTS OF REPORT.—Each report re-
SEC. 364. CONTINUATION OF REQUIREMENT FOR Year 2020 (Public Law 116–92; 133 Stat. 1323; 10 quired under subsection (a) shall include an ex-
BIENNIAL REPORT ON CORE DEPOT- U.S.C. 2460 note). penditure plan for the establishment of fuel dis-
LEVEL MAINTENANCE AND REPAIR. (2) The estimated costs of necessary depot and tribution points in the area of responsibility of
(a) IN GENERAL.—Section 1080(a) of the Na- ammunition production facility improvements United States Indo-Pacific Command relating to
tional Defense Authorization Act for Fiscal and a description of how such costs would be the defueling and closure of the Red Hill Bulk
Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 addressed by the Department of Defense budget Fuel Storage Facility.
U.S.C. 111 note) does not apply to the report re- request submitted during the same year as the (c) FUNDS DESCRIBED.—The funds described in
quired to be submitted to Congress under section plan and the applicable future-years defense this subsection are the amounts authorized to be
2464(d) of title 10, United States Code. program. appropriated or otherwise made available for
(b) CONFORMING REPEAL.—Section 1061(c) of (3) Information regarding the plan of the Sec- fiscal year 2023 for Military Construction, De-
the National Defense Authorization Act for Fis- retary of the military department to initiate fense-wide for Planning and Design for United
cal Year 2017 (Public Law 114–328; 130 Stat. such environmental and engineering studies as States Indo-Pacific Command.
2401; 10 U.S.C. 111 note) is amended by striking may be necessary to carry out planned depot
Subtitle H—Other Matters
paragraph (45). and ammunition production facility improve-
ments. SEC. 381. ACCOUNTABILITY FOR MILITARY WORK-
SEC. 365. CONTINUATION OF REQUIREMENT FOR ING DOGS.
ANNUAL REPORT ON FUNDS EX- (4) Detailed information regarding how depot
improvement projects and ammunition produc- (a) IN GENERAL.—Chapter 50 of title 10,
PENDED FOR PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE AND tion facility improvement projects will be paced United States Code, is amended by adding at the
REPAIR WORKLOADS. and sequenced to ensure continuous operations. end the following new section (and conforming
(a) IN GENERAL.—Section 1080(a) of the Na- (c) INCORPORATION OF RESULTS-ORIENTED the table of sections at the beginning of such
tional Defense Authorization Act for Fiscal MANAGEMENT PRACTICES.—Each plan required chapter accordingly):
Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 pursuant to subsection (a) shall incorporate the ‘‘§ 995. Accountability for military working
U.S.C. 111 note) does not apply to the report re- leading results-oriented management practices dogs
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quired to be submitted to Congress under section identified in the report of the Comptroller Gen- ‘‘(a) ANNUAL REPORTING REQUIREMENT FOR
2466(d) of title 10, United States Code. eral of the United States titled ‘‘Actions Needed CONTRACTORS.—
(b) CONFORMING REPEAL.—Section 1061(c) of to Improve Poor Conditions of Facilities and ‘‘(1) REQUIREMENT.—The Secretary of Defense
the National Defense Authorization Act for Fis- Equipment that Affect Maintenance Timeliness shall require that each covered contractor sub-
cal Year 2017 (Public Law 114–328; 130 Stat. and Efficiency’’ (GAO–19–242), or any successor mit to the Under Secretary of Defense (Comp-
2401; 10 U.S.C. 111 note) is amended by striking report, including— troller), on an annual basis for the contract pe-
paragraph (46). (1) analytically based goals; riod, a report containing an identification of—
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6051
‘‘(A) the number of military working dogs that of the Department of Defense and the Depart- SEC. 386. ESTABLISHMENT OF ARMY AND AIR
are in the possession of the covered contractor ment of Homeland Security, respectively, re- FORCE SAFETY COMMANDS; IMPLE-
MENTATION OF ACCIDENT INVES-
and located outside of the continental United garding explosives detection working dogs.
TIGATION RECOMMENDATIONS.
States in support of a military operation, if any; (2) MATTERS.—The review under paragraph
and (1) shall include an analysis of the following: (a) SAFETY COMMANDS.—
‘‘(B) the primary location of any such mili- (A) Any recent or ongoing research efforts of (1) ARMY SAFETY COMMAND.—
tary working dogs. the Department of Defense or the Department of (A) ESTABLISHMENT.—Not later than 180 days
‘‘(2) GUIDANCE.—The Under Secretary of De- Homeland Security, respectively, relating to ex- after the date of the enactment of this Act, the
fense (Comptroller) shall issue guidance on the plosives detection working dogs, and any simi- Secretary of the Army shall establish within the
annual reporting requirement under paragraph larities between such efforts. Department of the Army an ‘‘Army Safety Com-
(1) for purposes of carrying out this section. (B) Any recent or ongoing veterinary research mand’’.
‘‘(b) ANNUAL REPORT TO CONGRESS.—Not later efforts of the Department of Defense or the De- (B) COMMANDER.—There is a Commander of
than March 1, 2023, and on an annual basis partment of Homeland Security, respectively, re- the Army Safety Command. The Commander
thereafter, the Secretary of Defense shall submit lating to working dogs, canines, or other areas shall be selected by the Secretary of the Army
to the congressional defense a committees a re- that may be relevant to the improvement of the from among the general officers of the Army
port on the implementation of this section. breeding, health, performance, or training of ex- who hold a rank of major general or higher.
‘‘(c) COVERED CONTRACTOR DEFINED.—The plosives detection working dogs. (C) DUTIES.—The duties of the Army Safety
term ‘covered contractor’ means a contractor of (C) Any research areas relating to explosives Command shall include, with respect to the
the Department of Defense the contract of detection working dogs in which there is a need Army, the formulation of safety policy, the de-
which the Secretary determines involves military for ongoing research but no such ongoing re- velopment of risk management strategies, the
working dogs.’’. search is being carried out by either the Sec- monitoring of risk adjudication processes, the
(b) APPLICABILITY.—The amendments made by retary of Defense or the Secretary of Homeland provision of safety-related training, and such
subsection (a) shall apply with respect to con- Security, particularly with respect to the health, other duties as the Secretary of the Army may
tracts entered into on or after the date of the domestic breeding, and training of explosives de- determine appropriate.
enactment of this Act. tection working dogs. (2) AIR FORCE SAFETY COMMAND.—
(c) DEADLINE FOR GUIDANCE.—Not later than (D) How the recent and ongoing research ef- (A) ESTABLISHMENT.—Not later than 180 days
180 days after the date of the enactment of this forts of the Department of Defense and the De- after the date of the enactment of this Act, the
Act, the Under Secretary of Defense (Comp- partment of Homeland Security, respectively, Secretary of the Air Force shall establish within
troller) shall issue the guidance specified in sec- may improve the domestic breeding of working the Department of the Air Force an ‘‘Air Force
tion 995(a)(2) of title 10, United States Code, as dogs, including explosives detection working Safety Command’’.
added by subsection (a). dogs, and the health outcomes and performance (B) COMMANDER.—There is a Commander of
(d) REGULATIONS TO PROHIBIT ABANDON- of such domestically bred working dogs, includ- the Air Force Safety Command. The Commander
MENT.—Not later than 2 years after the date of ing through coordination with academic or in- shall be selected by the Secretary of the Air
the enactment of this Act, the Secretary of De- dustry partners with experience in research re- Force from among the general officers of the Air
fense shall issue regulations to prohibit the lating to working dogs. Force who hold a rank of major general or high-
abandonment of military working dogs used in (E) Potential opportunities for the Secretary er.
support of a military operation outside of the of Defense to collaborate with the Secretary of (C) DUTIES.—The duties of the Air Force Safe-
continental United States. Homeland Security on research relating to ex- ty Command shall include, with respect to the
SEC. 382. MEMBERSHIP OF COAST GUARD ON plosives detection working dogs. Air Force, the formulation of safety policy, the
JOINT SAFETY COUNCIL. (F) Any research partners of the Department development of risk management strategies, the
Section 184(b)(1) of title 10, United States of Defense or the Department of Homeland Se- monitoring of risk adjudication processes, the
Code, is amended— curity, or both, that may be beneficial in assist- provision of safety-related training, and such
(1) by redesignating subparagraph (D) as sub- ing with the research efforts and areas described other duties as the Secretary of the Air Force
paragraph (E); and in this subsection. may determine appropriate.
(2) by inserting after subparagraph (C) the (c) PLAN REQUIRED.—Not later than 180 days (3) TRANSFER OF PREEXISTING ORGANIZATIONAL
of the date of the enactment of this Act, the Sec- ELEMENTS.—As of the date on which the Safety
following new subparagraph:
‘‘(D) During periods in which the Coast retary of Defense shall submit to the congres- Command of a military department is estab-
Guard is not operating as a service in the De- sional defense committees a plan for the Sec- lished under this subsection, any element of that
partment of the Navy, an officer of the Coast retary of Defense to collaborate, as appropriate, military department responsible for the duties of
Guard, appointed by the Secretary of Homeland with the Secretary of Homeland Security on re- such Safety Command as of the day before the
Security.’’. search relating to explosives detection working date of such establishment (including the duties,
dogs and other relevant matters. Such plan responsibilities, and personnel of any such ele-
SEC. 383. REQUIREMENT OF SECRETARY OF DE-
FENSE TO REIMBURSE STATE COSTS shall include the following: ment) shall be transferred to such Safety Com-
OF FIGHTING CERTAIN WILDLAND (1) An analysis of potential opportunities for mand.
FIRES. collaboration between the Secretary of Defense (4) BRIEFINGS.—Not later than 90 days after
(a) REQUIREMENT.—Section 2691(d) of title 10, and the Secretary of Homeland Security on the the date on which the Safety Command of a
United States Code, is amended by striking research efforts and areas described in sub- military department is established under this
‘‘may’’ and inserting ‘‘shall’’. section (a)(2). subsection, the Secretary of that military de-
(b) APPLICABILITY.—The amendment made by (2) An identification of specific programs or partment shall provide to the congressional de-
subsection (a) shall apply with respect to any areas of research for such collaboration. fense committees a briefing on the duties, as-
lease, permit, license, or other grant of access (3) An identification of any additional agree- signed personnel, key lines of effort, and organi-
that the Secretary of Defense enters into, or ments or authorities necessary for the Secre- zational structure of such Safety Command.
grants, on or after the date of the enactment of taries to carry out such collaboration. (b) IMPLEMENTATION OF ACCIDENT INVESTIGA-
this Act. (4) An identification of additional funding TION RECOMMENDATION.—
SEC. 384. EXPANDED CONSULTATION IN TRAIN- necessary to carry out such collaboration. (1) ESTABLISHMENT OF RESPONSIBLE ENTI-
ING OF NATIONAL GUARD PER- (5) An analysis of potential coordination on TIES.—
SONNEL ON WILDFIRE RESPONSE. the research efforts and areas described in sub- (A) ARMY.—Not later than 180 days of enact-
Section 351 of the National Defense Author- section (a)(2) with academic and industry part- ment of this Act, the Secretary of the Army shall
ization Act for Fiscal Year 2018 (Public Law ners with experience in research relating to establish within the Department of the Army an
115–91) is amended by inserting ‘‘and the Na- working dogs, including an identification of po- entity the primary responsibility of which is to
tional Interagency Fire Center’’ after ‘‘Bu- tential opportunities for such coordination in ensure the implementation across the Army of
reau’’. carrying out the collaboration described in recommended actions arising from accident in-
SEC. 385. INTERAGENCY COLLABORATION AND paragraph (1). vestigations conducted by the Department of
EXTENSION OF PILOT PROGRAM ON (6) A proposed timeline for the Secretary of Defense.
MILITARY WORKING DOGS AND EX- Defense to engage in such collaboration, includ- (B) AIR FORCE.—Not later than 180 days of
PLOSIVES DETECTION. ing specific proposed deadlines. enactment of this Act, the Secretary of the Air
(a) EXTENSION OF PILOT PROGRAM.—Section (7) Any other matters the Secretary of Defense Force shall establish within the Department of
381(b) of the National Defense Authorization considers appropriate. the Air Force an entity the primary responsi-
Act for Fiscal Year 2022 (Public Law 117–81; 135 (d) EXPLOSIVES DETECTION WORKING DOG.— bility of which is to ensure the implementation
Stat. 1672; 10 U.S.C. 3062 note) is amended by In this section, the term ‘‘explosives detection across the Air Force of recommended actions
striking ‘‘2024’’ and inserting ‘‘2025’’. working dog’’ means a canine that, in connec- arising from accident investigations conducted
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(b) REVIEW OF RESEARCH EFFORTS OF DEPART- tion with the work duties of the canine per- by the Department of Defense.
MENT OF DEFENSE AND DEPARTMENT OF HOME- formed for a Federal department or agency, is (2) BRIEFINGS.—Not later than 90 days after
LAND SECURITY.— certified and trained to detect odors indicating the date on which the Secretary of a military
(1) REVIEW.—The Secretary of Defense, in co- the presence of explosives in a given object or department establishes a responsible entity
ordination with the Secretary of Homeland Se- area, in addition to the performance of such under paragraph (1), that Secretary shall pro-
curity, shall conduct a review of the recent and other duties for the Federal department or agen- vide to the congressional defense committees a
ongoing research, testing, and evaluation efforts cy as may be assigned. briefing on the duties, assigned personnel, key
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H6052 CONGRESSIONAL RECORD — HOUSE July 13, 2022
lines of effort, and organizational structure of vehicles listed under subsection (f) at installa- in carrying out the pilot program, the metrics
such entity. tions selected by the Secretary concerned under generated during the pilot program,
SEC. 387. NATIONAL STANDARDS FOR FEDERAL subsection (e) for statistically significant re- disaggregated by military tactical vehicle, loca-
FIRE PROTECTION AT MILITARY IN- sults; tion, and service, and the implementation plan
STALLATIONS. (5) establish and maintain a database that under subsection (d).
(a) STANDARDS REQUIRED.—The Secretary of contains telemetry data, driver data, and event (3) FINAL.—
Defense shall ensure that— data captured by the data recorder; (A) IN GENERAL.—Not later than 90 days after
(1) members of the Armed Forces and employ- (6) regularly generate for each installation se- the termination of the pilot program, the Sec-
ees of Defense Agencies who provide fire protec- lected under subsection (e) a dataset that is retary of the Army and the Secretary of the
tion services to military installations shall com- viewable in widely available mapping software Navy shall jointly submit to the congressional
ply with the National Consensus Standards de- of hazards and potential hazards based on te- defense committees a report on the results of the
veloped by the National Fire Protection Associa- lemetry data and event data captured by the program.
tion pursuant to section 12(d) of the National data recorders; (B) ELEMENTS.—The report required by sub-
Technology Transfer and Advancement Act of (7) generate actionable data sets and statistics paragraph (A) shall—
1995 (Pub. L. 104–113; 15 U.S.C. 272 note); on individual, vehicle, and military installation; (i) assess the effectiveness of the pilot program
(2) the minimum staffing requirement for any (8) require commanders at the installations se- in meeting the purposes under subsection (b);
firefighting vehicle responding to a structural lected under subsection (e) to incorporate the (ii) include the metrics generated during the
building emergency at a military installation is actionable data sets and statistics into the in- pilot program, disaggregated by military tactical
not less than four firefighters per vehicle; and stallation range safety program; vehicle, location, and service;
(3) the minimum staffing requirement for any (9) require unit commanders at the installa- (iii) include the views of range personnel, unit
firefighting vehicle responding to an aircraft or tions selected under subsection (e) to incor- commanders, and tactical vehicle operators in-
airfield incident at a military installation is not porate the actionable data sets and statistics volved in the pilot program on the level of effec-
less than three firefighters per vehicle. into the unit driver safety program; tiveness of the technology selected;
(b) DEFINITIONS.—In this section: (10) evaluate the feasibility of integrating (iv) provide a cost estimate for equipping leg-
(1) The terms ‘‘Armed Forces’’ and ‘‘Defense data sets and statistics to improve driver certifi- acy military tactical vehicles with data record-
Agency’’ have the meanings given such terms in cation and licensing based on data recorded and ers;
section 101 of title 10, United States Code. generated by the data recorders; (v) determine the instances in which data re-
(2) The term ‘‘firefighter’’ has the meaning (11) use open architecture to the maximum ex- corders should be a requirement in the acquisi-
given that term in section 707(b) of the National tent practicable; and tion of military tactical vehicles;
Defense Authorization Act for Fiscal Year 2020 (12) carry out any other activities determined (vi) recommend whether the pilot program
(Pub. L. 116–92; 10 U.S.C. 1074m note). by the Secretary as necessary to meet the pur- should be expanded or made into a program of
(3) The term ‘‘military installation’’ has the poses under subsection (b). record; and
meaning given that term in section 2801 of title (d) IMPLEMENTATION PLAN.—Not later than (vii) recommend any statutory, regulatory, or
10, United States Code. 180 days after the date of the enactment of this policy changes required to support the purposes
SEC. 388. PILOT PROGRAM FOR TACTICAL VEHI- Act, the Secretary of the Army and the Sec- under subsection (b).
CLE SAFETY DATA COLLECTION.
retary of the Navy shall develop a plan for im- (i) TERMINATION.—The authority to carry out
(a) IN GENERAL.—Not later than one year plementing the pilot program. the pilot program under subsection (a) shall ter-
after the date of the enactment of this Act, the (e) LOCATIONS.—Each Secretary concerned minate five years after the date of the enact-
Secretary of the Army and the Secretary of the shall carry out the pilot program at not fewer ment of this Act.
Navy shall jointly carry out a pilot program to than one military installation in the United (j) DEFINITIONS.—In this section:
evaluate the feasibility of using data recorders States selected by the Secretary concerned that (1) The term ‘‘accident’’ means a collision,
to monitor, assess, and improve the readiness meets the following conditions: rollover, or other mishap involving a motor vehi-
and safety of the operation of military tactical (1) Contains the necessary force structure, cle.
vehicles (in this section referred to as the ‘‘pilot equipment, and maneuver training ranges to (2) The term ‘‘data recorder’’ means tech-
program’’). collect driver and military tactical vehicle data nologies installed in a motor vehicle to record
(b) PURPOSES.—The purposes of the pilot pro- during training and routine operation. driver identification, telemetry data, and event
gram are— (2) Represents at a minimum one of the five data related to the operation of the motor vehi-
(1) to allow for the automated identification of training ranges identified in the study by the cle.
hazards and potential hazards on and off mili- Comptroller General of the United States titled (3) The term ‘‘driver identification’’ means
tary installations; ‘‘Army and Marine Corps Should Take Addi- data enabling the unique identification of the
(2) to mitigate and increase awareness of haz-
tional Actions to Mitigate and Prevent Training driver operating a motor vehicle.
ards and potential hazards on and off military
Accidents’’ that did not track unit location dur- (4) The term ‘‘event data’’ includes data re-
installations;
(3) to identify near-miss accidents; ing the training events. lated to—
(4) to create a standardized record source for (f) COVERED MILITARY TACTICAL VEHICLES.— (A) the start and conclusion of each vehicle
accident investigations; The pilot program shall cover the following mili- operation;
(5) to assess individual driver proficiency, tary tactical vehicles: (B) a vehicle accident;
risk, and readiness; (1) Army Strykers. (C) a vehicle acceleration, velocity, or location
(6) to increase consistency in the implementa- (2) Marine Corps Light Armored Vehicles. with an increased potential for an accident; or
tion of military installation and unit-level range (3) Army Family of Medium Tactical Vehicles. (D) a vehicle orientation with an increased
safety programs across military installations (4) Marine Corps Medium Tactical Vehicle Re- potential for an accident.
and units; placements. (5) The term ‘‘Secretary concerned’’ means—
(7) to evaluate the feasibility of incorporating (5) Army and Marine Corps High Mobility (A) the Secretary of the Army with respect to
metrics generated from data recorders into the Multipurpose Wheeled Vehicles. matters concerning the Army; and
safety reporting systems and to the Defense (6) Army and Marine Corps Joint Light Tac- (B) the Secretary of the Navy with respect to
Readiness Reporting System as a measure of as- tical Vehicles. matters concerning the Navy and Marine Corps.
sessing safety risks, mitigations, and readiness; (7) Army and United States Special Oper- (6) The term ‘‘tactical vehicle’’ means a motor
(8) to determine the costs and benefits of retro- ations Command Ground Mobility Vehicles. vehicle designed to military specification, or a
fitting data recorders on legacy platforms and (8) Army Infantry Squad Vehicles. commercial design motor vehicle modified to
including data recorders as a requirement in ac- (g) METRICS.—The Secretaries shall develop military specification, to provide direct trans-
quisition of military tactical vehicles; and metrics to evaluate the effectiveness of the pilot portation support of combat or tactical oper-
(9) any other matters as determined by the program in monitoring, assessing, and improv- ations, or for the training of personnel for such
Secretary concerned. ing vehicle safety, driver readiness, and mitiga- operations.
(c) REQUIREMENTS.—In carrying out the pilot tion of risk. (7) The term ‘‘telemetry data’’ includes—
program, the Secretary of the Army and the Sec- (h) REPORTS.— (A) time;
retary of the Navy shall— (1) INITIAL.—Not later than 180 days after the (B) vehicle distance traveled;
(1) assess the feasibility of using commercial date of the enactment of this Act, the Secretary (C) vehicle acceleration and velocity;
technology, such as smartphones or technologies of the Army and the Secretary of the Navy shall (D) vehicle orientation, including roll, pitch,
used by insurance companies, as a data re- jointly submit to the congressional defense com- and yaw; and
corder; mittees a report on the pilot program that ad- (E) vehicle location in a geographic coordi-
(2) test and evaluate a minimum of two data dresses the plan for implementing the require- nate system, including elevation.
recorders that meet the pilot program require- ments under subsection (c), including the estab- TITLE IV—MILITARY PERSONNEL
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ments; lished metrics under subsection (g). AUTHORIZATIONS
(3) select a data recorder capable of collecting (2) INTERIM.—Not later than three years after
and exporting the telemetry data, event data, the commencement of the pilot program, the Sec- Subtitle A—Active Forces
and driver identification during operation and retary of the Army and the Secretary of the SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
accidents; Navy shall jointly submit to the congressional The Armed Forces are authorized strengths
(4) install and maintain a data recorder on a defense committees a report on the status of the for active duty personnel as of September 30,
sufficient number of each of the military tactical pilot program, including the preliminary results 2023, as follows:
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6053
(1) The Army, 473,000. (4) For the Air Force Reserve, 6,696. ‘‘(E) For the Space Force, 6.’’.
(2) The Navy, 348,220. SEC. 414. MAXIMUM NUMBER OF RESERVE PER- SEC. 503. EXCLUSION OF LEAD SPECIAL TRIAL
(3) The Marine Corps, 177,000. SONNEL AUTHORIZED TO BE ON AC- COUNSEL FROM LIMITATIONS ON
(4) The Air Force, 323,400. TIVE DUTY FOR OPERATIONAL SUP- GENERAL OFFICERS AND FLAG OFFI-
(5) The Space Force, 8,600. PORT. CERS ON ACTIVE DUTY.
SEC. 402. REVISIONS IN PERMANENT ACTIVE During fiscal year 2023, the maximum number Section 526a of title 10, United States Code, as
DUTY END STRENGTH MINIMUM LEV- of members of the reserve components of the amended by section 502, is further amended—
ELS. Armed Forces who may be serving at any time (1) by redesignating the second subsection (i)
Section 691(b) of title 10, United States Code, on full-time operational support duty under sec- as subsection (j);
is amended by striking paragraphs (1) through tion 115(b) of title 10, United States Code, is the (2) by redesignating subsections (g), (h), (i),
(5) and inserting the following new paragraphs: following: and (j) as subsections (h), (i), (j), and (k), re-
‘‘(1) For the Army, 473,000. (1) The Army National Guard of the United spectively; and
‘‘(2) For the Navy, 348,220. States, 17,000. (3) by inserting after subsection (f) the fol-
‘‘(3) For the Marine Corps, 177,000. (2) The Army Reserve, 13,000. lowing new subsection:
‘‘(4) For the Air Force, 323,400. (3) The Navy Reserve, 6,200. ‘‘(g) EXCLUSION OF OFFICERS SERVING AS
‘‘(5) For the Space Force, 8,600.’’. (4) The Marine Corps Reserve, 3,000. LEAD SPECIAL TRIAL COUNSEL.—The limitations
Subtitle B—Reserve Forces (5) The Air National Guard of the United in subsection (a) do not apply to a general or
SEC. 411. END STRENGTHS FOR SELECTED RE- States, 16,000. flag officer serving in the position of lead spe-
SERVE. (6) The Air Force Reserve, 14,000. cial trial counsel pursuant to an appointment
(a) IN GENERAL.—The Armed Forces are au- Subtitle C—Authorization of Appropriations under section 1044f(a)(2) of this title.’’.
thorized strengths for Selected Reserve per- SEC. 504. CONSTRUCTIVE SERVICE CREDIT FOR
SEC. 421. MILITARY PERSONNEL.
CERTAIN OFFICERS OF THE ARMED
sonnel of the reserve components as of Sep- (a) AUTHORIZATION OF APPROPRIATIONS.— FORCES: AUTHORIZATION; SPECIAL
tember 30, 2023, as follows: Funds are hereby authorized to be appropriated PAY.
(1) The Army National Guard of the United for fiscal year 2023 for the use of the Armed (a) CONSTRUCTIVE SERVICE CREDIT FOR WAR-
States, 336,000. Forces and other activities and agencies of the RANT OFFICERS.—Section 572 of title 10, United
(2) The Army Reserve, 189,500. Department of Defense for expenses, not other- States Code, is amended—
(3) The Navy Reserve, 57,700. wise provided for, for military personnel, as (1) by inserting ‘‘(a)’’ before ‘‘For the pur-
(4) The Marine Corps Reserve, 33,000. specified in the funding table in section 4401. poses’’; and
(5) The Air National Guard of the United (b) CONSTRUCTION OF AUTHORIZATION.—The (2) by adding at the end the following new
States, 108,400. authorization of appropriations in the sub- subsection:
(6) The Air Force Reserve, 70,000.
section (a) supersedes any other authorization ‘‘(b)(1) The Secretary concerned shall credit a
(7) The Coast Guard Reserve, 7,000.
of appropriations (definite or indefinite) for person who is receiving an original appointment
(b) END STRENGTH REDUCTIONS.—The end
such purpose for fiscal year 2023. as a warrant officer in the regular component of
strengths prescribed by subsection (a) for the Se-
lected Reserve of any reserve component shall be TITLE V—MILITARY PERSONNEL POLICY an armed force under the jurisdiction of such
proportionately reduced by— Subtitle A—Officer Personnel Policy Secretary concerned, and who has advanced
(1) the total authorized strength of units orga- education or training or special experience, with
SEC. 501. DISTRIBUTION OF COMMISSIONED OF- constructive service for such education, train-
nized to serve as units of the Selected Reserve of FICERS ON ACTIVE DUTY IN GEN-
such component which are on active duty (other ERAL OFFICER AND FLAG OFFICER
ing, or experience, as follows:
than for training) at the end of the fiscal year; GRADES. ‘‘(A) For special training or experience in a
and particular warrant officer field designated by
Section 525 of title 10, United States Code, is
(2) the total number of individual members not the Secretary concerned, if such training or ex-
amended—
in units organized to serve as units of the Se- (1) in subsection (a)— perience is directly related to the operational
lected Reserve of such component who are on (A) in the matter preceding paragraph (1), by needs of the armed force concerned, as deter-
active duty (other than for training or for un- striking ‘‘as follows:’’ and inserting an em dash; mined by such Secretary concerned.
satisfactory participation in training) without ‘‘(B) For advanced education in a warrant of-
(B) in paragraph (4)(C), by striking the period
their consent at the end of the fiscal year. ficer field designated by the Secretary con-
at the end and inserting ‘‘; and’’; and
(c) END STRENGTH INCREASES.—Whenever (C) by adding at the end the following new cerned, if such education is directly related to
units or individual members of the Selected Re- paragraph: the operational needs of the armed force con-
serve of any reserve component are released ‘‘(5) in the Space Force, if that appointment cerned, as determined by such Secretary con-
from active duty during any fiscal year, the end would result in more than— cerned.
strength prescribed for such fiscal year for the ‘‘(2) The authority under this subsection ex-
‘‘(A) 2 officers in the grade of general;
Selected Reserve of such reserve component ‘‘(B) 7 officers in a grade above the grade of pires on December 31, 2027.’’.
(b) SPECIAL PAY FOR CERTAIN OFFICERS COM-
shall be increased proportionately by the total major general; or
MISSIONED OR APPOINTED WITH CONSTRUCTIVE
authorized strengths of such units and by the ‘‘(C) 6 officers in the grade of major gen-
SERVICE CREDIT.—
total number of such individual members. eral.’’;’’;
(1) ESTABLISHMENT.—Subchapter II of chapter
SEC. 412. END STRENGTHS FOR RESERVES ON AC- (2) in subsection (c)—
5 of title 37, United States Code, is amended by
TIVE DUTY IN SUPPORT OF THE RE- (A) in paragraph (1)(A), by striking ‘‘and Ma-
SERVES. inserting after section 336 the following new sec-
rine Corps’’ and inserting ‘‘Marine Corps, and
Within the end strengths prescribed in section tion:
Space Force’’; and
411(a), the reserve components of the Armed (B) in paragraph (2), by striking ‘‘or Marine ‘‘§ 337. Special pay: certain officers of the
Forces are authorized, as of September 30, 2023, Corps’’ and inserting ‘‘Marine Corps, or Space armed forces commissioned or appointed
the following number of Reserves to be serving Force’’; and with constructive service credit
on full-time active duty or full-time duty, in the (3) in subsection (d), by striking ‘‘or Com- ‘‘(a) SPECIAL PAY AUTHORIZED.—The Sec-
case of members of the National Guard, for the mandant of the Marine Corps’’ and inserting retary concerned may pay monthly special pay
purpose of organizing, administering, recruiting, ‘‘Commandant of the Marine Corps, or Chief of to an eligible officer under this section.
instructing, or training the reserve components: Space Operations’’. ‘‘(b) ELIGIBLE OFFICER DEFINED.—In this sec-
(1) The Army National Guard of the United SEC. 502. AUTHORIZED STRENGTH AFTER DECEM- tion, the term ‘eligible officer’ means an officer
States, 30,845. BER 31, 2022: GENERAL OFFICERS who—
(2) The Army Reserve, 16,511. AND FLAG OFFICERS ON ACTIVE ‘‘(1)(A) received an original appointment in a
(3) The Navy Reserve, 10,077. DUTY. commissioned grade on or after the date of the
(4) The Marine Corps Reserve, 2,388. Section 526a of title 10, United States Code, is enactment of the National Defense Authoriza-
(5) The Air National Guard of the United amended— tion Act for Fiscal Year 2023; and
States, 26,630. (1) in subsection (a)— ‘‘(B) was credited by the Secretary of the mili-
(6) The Air Force Reserve, 6,286. (A) in the matter preceding paragraph (1), by tary department concerned with constructive
SEC. 413. END STRENGTHS FOR MILITARY TECH- striking ‘‘and Marine Corps’’ and inserting service under section 533(b)(1)(D) of title 10; or
NICIANS (DUAL STATUS). ‘‘Marine Corps, and Space Force’’; ‘‘(2)(A) was originally appointed in a warrant
The minimum number of military technicians (B) in paragraph (1), by striking ‘‘220’’ and officer grade on or after the date of the enact-
(dual status) as of the last day of fiscal year inserting ‘‘218’’; ment of the National Defense Authorization Act
2023 for the reserve components of the Army and (C) in paragraph (2), by striking ‘‘151’’ and for Fiscal Year 2023; and
the Air Force (notwithstanding section 129 of inserting ‘‘149’’; ‘‘(B) was credited by the Secretary concerned
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title 10, United States Code) shall be the fol- (D) in paragraph (3), by striking ‘‘187’’ and with constructive service under section 572(b) of
lowing: inserting ‘‘170’’; and title 10.
(1) For the Army National Guard of the (E) by adding at the end the following new ‘‘(c) AMOUNT OF PAY.—The Secretary con-
United States, 22,294. paragraph: cerned shall determine an amount of monthly
(2) For the Army Reserve, 6,492. ‘‘(5) For the Space Force, 21.’’; and special pay to pay to an eligible officer under
(3) For the Air National Guard of the United (2) in subsection (b)(2), by adding at the end this section. Such amount may not exceed $5,000
States, 9,892. the following new subparagraph: per month.
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H6054 CONGRESSIONAL RECORD — HOUSE July 13, 2022
‘‘(d) RELATIONSHIP TO OTHER INCENTIVES.— Activities and other related Joint Staff Head- retary of the Army shall seek to enter into an
Special pay under this section is in addition to quarters Offices. agreement with a private entity that the Sec-
any other pay or allowance to which an eligible (3) A plan and milestones for how reductions retary determines appropriate to—
officer is entitled. described in paragraph (2) would occur, a (1) study the fitness report system used for the
‘‘(e) SUNSET.—No special pay may be paid schedule for such reductions, and the process by performance evaluation of Army officers; and
under this section after December 31, 2027.’’. which the billets would be returned to the oper- (2) provide to the Secretary recommendations
(2) CLERICAL AMENDMENT.—The table of sec- ational activities of the Armed Forces con- regarding how to improve such system.
tions at the beginning of such chapter is amend- cerned. (b) ELEMENTS.—The study required under sub-
ed by inserting after the item relating to section (c) INTERIM BRIEFING AND REPORT.— section (a) shall include the following:
(1) INTERIM BRIEFING.—Not later than April 1, (1) An analysis of the effectiveness of the fit-
336 the following:
2023, the Secretary shall provide to the Commit- ness report system at evaluating and docu-
‘‘337. Special pay: certain officers of the armed menting the performance of Army officers.
forces commissioned or appointed tees on Armed Services of the Senate and House
(2) A comparison of the fitness report system
with constructive service credit.’’. of Representatives an interim briefing on the as-
for Army officers with best practices for per-
(c) REGULATIONS.—The Secretaries concerned sessments under subsections (a) and (b).
formance evaluations used by public- and pri-
shall prescribe regulations to carry out the (2) FINAL REPORT.—Not later than one year
vate-sector organizations.
amendments made by this section not later than after the date of the enactment of this Act, the (3) An analysis of the value of Army fitness
180 days after the date of the enactment of this Secretary shall submit to the Committees on reports in providing useful information to officer
Act. Armed Services of the Senate and House of Rep- promotion boards.
(d) REPORT.—Not later than February 1, 2027, resentatives a report on the assessments under (4) An analysis of the value of Army fitness
the Secretary of Defense, in consultation with subsections (a) and (b). Such report shall in- reports in providing useful feedback to Army of-
the Secretary of Homeland Security, shall sub- clude the following: ficers being evaluated.
mit to the appropriate congressional committees (A) A validation of every military staff billet (5) Recommendations to improve the Army fit-
a report on the amendments made by this sec- assigned to the Office of the Secretary of De- ness report system to—
tion. Such report shall include— fense and the Joint Staff to include the Chair- (A) increase its effectiveness at accurately
(1) the evaluation of such amendments by the man’s Controlled Activities against existing mili- evaluating and documenting the performance of
Secretary; and tary personnel requirements. Army officers;
(B) The methodology and process through (B) align with best practices for performance
(2) the recommendation of the Secretary
which such validation was performed. evaluations used by public- and private-sector
whether such amendments should be made per-
(C) Relevant statistical analysis on military organizations;
manent. (C) provide more useful information to officer
billet fill rates against validated requirements.
(e) DEFINITIONS.—In this section: promotion boards; and
(D) An analysis of unvalidated military billets
(1) The term ‘‘appropriate congressional com- (D) provide more useful feedback regarding
currently performing staff support functions,
mittees’’ means the following: (E) The rationale for why unvalidated mili- evaluated officers.
(A) The congressional defense committees. tary billets may be required. (c) ACCESS TO DATA AND RECORDS.—The Sec-
(B) The Committee on Transportation and In- (F) The cost of military staff filling both vali- retary of the Army shall ensure that the entity
frastructure of the House of Representatives. dated and unvalidated billets. selected under subsection (a) has sufficient re-
(C) The Committee on Commerce, Science, and (G) Lessons learned through the military billet sources and access to technical data, individ-
Transportation of the Senate. validation process and statistical analysis under uals, organizations, and records necessary to
(2) The terms ‘‘congressional defense commit- subparagraphs (B) through (F). complete the study required under this section.
tees’’ and ‘‘Secretary concerned’’ have the (H) Any other matters the Secretary deter- (d) SUBMISSION TO DEPARTMENT OF THE
meanings given such terms in section 101 of title mines relevant to understanding the use of mili- ARMY.—Not later than one year after entering
10, United States Code. tary staff billets described in subsections (a) and into an agreement under subsection (a), the en-
SEC. 505. CLARIFICATION OF GRADE OF SURGEON (b). tity that conducts the study under subsection
GENERAL OF THE NAVY. (I) Any legislative, policy or budgetary rec- (a) shall submit to the Secretary of the Army a
Section 8077 of title 10, United States Code, is ommendations of the Secretary related to the report on the results of the study.
amended by adding at the end the following subject matter of the report. (e) SUBMISSION TO CONGRESS.—Not later than
new subsection: SEC. 507. SURVEY OF CHAPLAINS. 30 days after the date on which the Secretary of
‘‘(c) GRADE.—The Surgeon General, while so the Army receives the report under subsection
(a) DEVELOPMENT.—The Secretary of Defense
serving, shall hold the grade of O-9.’’. (d), the Secretary shall submit to the congres-
shall seek to enter into an agreement with a
SEC. 506. ASSESSMENTS OF STAFFING IN THE OF- sional defense committees—
nonprofit entity or a federally funded research
FICE OF THE SECRETARY OF DE- (1) an unaltered copy of such report; and
and development center to develop an anony- (2) any comments of the Secretary regarding
FENSE AND OTHER DEPARTMENT OF
DEFENSE HEADQUARTERS OFFICES.
mous survey of chaplains of the covered Armed such report.
Forces. The survey shall include questions re-
(a) OFFICE OF THE SECRETARY OF DEFENSE.— Subtitle B—Reserve Component Management
garding the following:
The Secretary of Defense shall conduct an as- (1) Chaplain job satisfaction. SEC. 511. GRADES OF CERTAIN CHIEFS OF RE-
sessment of staffing of the Office of the Sec- (2) The tools available for chaplains to min- SERVE COMPONENTS.
retary of Defense. Such assessment shall includ- ister to members of the covered Armed Forces. (a) IN GENERAL.—
ing the following elements: (1) CHIEF OF ARMY RESERVE.—Section 7038(b)
(3) Resources available to support religious
(1) A validation of every military staff billet of title 10, United States Code, is amended by
programs.
assigned to the Office of the Secretary of De- (4) Inclusion of chaplains in resiliency and striking paragraph (4) and inserting the fol-
fense against existing military personnel re- wellness programs. lowing:
quirements. ‘‘(4) The Chief of Army Reserve, while so serv-
(5) The role of chaplains in embedded units,
(2) The estimated effect of returning 15 per- ing, holds the grade of lieutenant general.’’.
headquarters activities. and military treatment (2) CHIEF OF NAVY RESERVE.—Section 8083(b)
cent of such military staff billets to operational facilities.
activities of the Armed Forces concerned, over a of such title is amended by striking paragraph
(6) Recruitment and retention of chaplains.
period of 36 months, would have on the office of (4) and inserting the following:
(7) Any challenges in the ability of chaplains ‘‘(4) The Chief of Navy Reserve, while so serv-
the Secretary of Defense and other Department to offer ministry services.
of Defense Headquarters Offices. ing, holds the grade of vice admiral.’’.
(b) ADMINISTRATION.—The Secretary shall ad- (3) COMMANDER, MARINE FORCES RESERVE.—
(3) A plan and milestones for how reductions minister the survey not later than 180 days after Section 8084(b) of such title is amended by strik-
described in paragraph (2) would occur, a development. ing paragraph (4) and inserting the following:
schedule for such reductions, and the process by (c) REPORT.—Not later than one year after the ‘‘(4) The Commander, Marine Forces Reserve,
which the billets would be returned to the oper- date of the enactment of this Act, the Secretary while so serving, holds the grade of lieutenant
ational activities of the Armed Forces con- of Defense shall submit a report to the Commit- general.’’.
cerned. tees on Armed Services of the Senate and House (4) CHIEF OF AIR FORCE RESERVE.—Section
(b) OFFICE OF THE JOINT CHIEFS OF STAFF.— of Representatives on the findings from the sur- 9038(b) of such title is amended by striking para-
The Chairman of the Joint Chiefs of Staff shall vey. graph (4) and inserting the following:
conduct an assessment of staffing of the Office (d) COVERED ARMED FORCE DEFINED.—The ‘‘(4) The Chief of Air Force Reserve, while so
of the Joint Chiefs of Staff. Such assessment term ‘‘covered Armed Force’’ means the fol- serving, holds the grade of lieutenant general.’’.
shall including the following elements: lowing: (b) EFFECTIVE DATE.—The amendments made
(1) A validation of every military staff billet (1) The Army. by subsection (a) shall take effect on the day
assigned to the Office of the Joint Chiefs of (2) The Navy. that is one year after the date of the enactment
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Staff against existing military personnel require- (3) The Marine Corps. of this Act and shall apply to appointments
ments. (4) The Air Force. made after such date.
(2) The estimated effect of returning 15 per- (5) The Space Force. SEC. 512. GRADE OF VICE CHIEF OF THE NA-
cent of such military staff billets to operational SEC. 508. INDEPENDENT REVIEW OF ARMY OFFI- TIONAL GUARD BUREAU.
activities of the Armed Forces concerned, over a CER PERFORMANCE EVALUATIONS. Section 10505 of title 10, United States Code, is
period of 36 months, would have on the office of (a) STUDY REQUIRED.—Not later than six amended by adding at the end the following
the Joint Staff and the Chairman’s Controlled months after the enactment of this Act, the Sec- new subsection:
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6055
‘‘(c) GRADE.—(1) The Vice Chief of the Na- (3) in subsection (c)— partment concerned shall submit a report on the
tional Guard Bureau shall be appointed to serve (A) in paragraph (1), by inserting ‘‘or civilian results of such inspection—
in the grade of general. institution’’ after ‘‘military junior college’’; ‘‘(A) to the Secretary of Defense; and
‘‘(2) The Secretary of Defense shall designate, (B) in paragraph (4)(A), by inserting ‘‘or civil- ‘‘(B) to the Committees on Armed Services of
pursuant to subsection (b) of section 526 of this ian institution’’ after ‘‘military junior college’’; the Senate and the House of Representatives.
title, the position of Vice Chief of the National (4) by amending subsection (h) to read as fol- ‘‘(2) ELEMENTS.—Each report under para-
Guard Bureau as one of the general officer and lows: graph (1) shall—
flag officer positions to be excluded from the ‘‘(h)(1) The Secretary of the Army may ap- ‘‘(A) summarize the results of the inspection
limitations in subsection (a) of such section.’’. point each year under this section not less than with respect to each element specified in sub-
SEC. 513. BACKDATING OF EFFECTIVE DATE OF 22 cadets at each military junior college at section (c);
RANK FOR RESERVE OFFICERS IN which there are not less than 22 members of the ‘‘(B) indicate the designation issued for the
THE NATIONAL GUARD DUE TO program eligible under subsection (b) for such National Guard of the State under subsection
UNDUE DELAYS IN FEDERAL REC- an appointment. At any military junior college (d); and
OGNITION. at which in any year there are fewer than 22 ‘‘(C) in the case of a National Guard of a
Paragraph (2) of section 14308(f) of title 10, such members, the Secretary shall appoint each State that received a designation of unsatisfac-
United States Code, is amended to read as fol- such member as a cadet under this section. tory under subsection (d) after a reinspection
lows: ‘‘(2) The Secretary of the Army may appoint under subsection (e), include the Secretary’s
‘‘(2) If there is a delay in extending Federal each year under this section the number of ca- recommendation as to whether—
recognition in the next higher grade in the dets from civilian institutions that the Secretary ‘‘(i) Federal funds should be withheld from
Army National Guard or the Air National Guard determines to be appropriate based on the needs such National Guard; or
to a reserve commissioned officer of the Army or of the Army.’’; and ‘‘(ii) such National Guard unit should be
the Air Force that exceeds 100 days from the (5) in subsection (j), by inserting ‘‘or civilian transferred to another State.
date the National Guard Bureau deems such of- institution’’ after ‘‘military junior college’’. ‘‘(g) DEFINITIONS.—In this section:
ficer’s application for Federal recognition to be SEC. 515. INSPECTIONS OF NATIONAL GUARD. ‘‘(1) The term ‘sex-related offense’ means an
completely submitted by the State and ready for (a) ESTABLISHMENT.—Chapter 1 of title 32, alleged sex-related offense (as defined in section
review at the National Guard Bureau, and the United States Code, is amended by inserting, 1044e(h) of this title).
delay was not attributable to the action or inac- after section 105, the following new section: ‘‘(2) The term ‘sexual harassment’ means the
tion of such officer— offense of sexual harassment as punishable
‘‘(A) in the event of State promotion with an ‘‘§ 105A. Additional inspections
under section 934 of this title (article 134 of the
effective date before January 1, 2024, the effec- ‘‘(a) REGULAR INSPECTIONS REQUIRED.—The Uniform Code of Military Justice) pursuant to
tive date of the promotion concerned under Secretary of the Army and the Secretary of the the regulations prescribed by the Secretary of
paragraph (1) may be adjusted to a date deter- Air Force shall each prescribe regulations pur- Defense for purposes of such section (article).
mined by the Secretary concerned, but not ear- suant to which the National Guard of each ‘‘(3) The term ‘State’ has the meaning given
lier than the effective date of the State pro- State shall be inspected not less frequently than such term in section 901 of this title.’’.
motion; and once every five years. (b) CLERICAL AMENDMENT.—The table of sec-
‘‘(B) in the event of State promotion with an ‘‘(b) AUTHORIZED INSPECTORS.—An inspection tions at the beginning of such chapter is amend-
effective date on or after January 1, 2024, the ef- of the National Guard of a State under sub- ed by inserting after the item relating to section
fective date of the promotion concerned under section (a) shall be conducted by— 105 the following new item:
paragraph (1) shall be adjusted by the Secretary ‘‘(1) in the case of the Air National Guard, by
‘‘105A. Additional inspections.’’.
concerned to the later of— a qualified member of the regular component of
SEC. 516. REQUIREMENT OF CONSENT OF THE
‘‘(i) the date the National Guard Bureau the Air Force or by the inspector general of the CHIEF EXECUTIVE OFFICER FOR
deems such officer’s application for Federal rec- Department of the Air Force; or CERTAIN FULL-TIME NATIONAL
ognition to be completely submitted by the State ‘‘(2) in the case of the Army National Guard, GUARD DUTY PERFORMED IN A
and ready for review at the National Guard Bu- by a qualified member of the regular component STATE, TERRITORY, OR THE DIS-
reau; and of the Army or by the inspector general of the TRICT OF COLUMBIA.
‘‘(ii) the date on which the officer occupies a Department of the Army. Section 502(f)(2)(A) of title 32, United States
billet in the next higher grade.’’. ‘‘(c) ELEMENTS AND RECOMMENDATIONS.— Code, is amended to read as follows:
SEC. 514. FINANCIAL ASSISTANCE PROGRAM FOR Each inspection under subsection (a) shall in- ‘‘(A) Support of operations or missions under-
SPECIALLY SELECTED MEMBERS: clude— taken by the member’s unit at the request of the
ARMY RESERVE AND ARMY NA- ‘‘(1) a review and assessment of— President or Secretary of Defense, with the con-
TIONAL GUARD. ‘‘(A) the command climate of the National sent of—
Section 2107a of title 10, United States Code, is Guard of the State; ‘‘(i) the chief executive officer of each State
amended— ‘‘(B) the extent to which members of such Na- (as that term is defined in section 901 of this
(1) in subsection (a)— tional Guard are treated with dignity and re- title) in which such operations or missions shall
(A) by amending paragraph (1) to read as fol- spect; and take place; and
lows: ‘‘(C) the compliance of such National Guard ‘‘(ii) if such operations or missions shall take
‘‘(1) The Secretary of the Army may appoint with statutory, regulatory, and other applicable place in the District of Columbia, the Mayor of
as a cadet in the Army Reserve or Army Na- requirements relating to— the District of Columbia.’’.
tional Guard of the United States any eligible ‘‘(i) reporting and addressing sex-related of- SEC. 517. EXTENSION OF NATIONAL GUARD SUP-
member of the program who— fenses and sexual harassment; PORT FOR FIREGUARD PROGRAM.
‘‘(A)(i) is enrolled in the Advanced Course of ‘‘(ii) training in sexual assault prevention and Section 515 of the National Defense Author-
the Army Reserve Officers’ Training Corps at a response; and ization Act for Fiscal Year 2022 (Public Law
military college or a military junior college; or ‘‘(iii) training in suicide prevention; and 117–81) is amended by striking ‘‘September 30,
‘‘(ii)(I) is enrolled in the Advanced Course of ‘‘(2) the inspector’s recommendation as to 2026’’ and inserting ‘‘September 30, 2029’’.
the Army Reserve Officers’ Training Corps at a whether the Secretary of the military depart- SEC. 518. NOTICE TO CONGRESS BEFORE CER-
civilian institution; and ment concerned should designate the perform- TAIN ACTIONS REGARDING UNITS
‘‘(II) has completed the second year of a ance of such National Guard as unsatisfactory, OF CERTAIN RESERVE COMPO-
course of study in science, technology, engineer- satisfactory, or excellent. NENTS.
ing, mathematics, or a related field at such in- ‘‘(d) PERFORMANCE GRADE.—Following the (a) NOTICE REQUIRED; ELEMENTS.—The Sec-
stitution; and conclusion of an inspection of a National Guard retary of a military department may not take
‘‘(B) will be under 31 years of age on Decem- of a State under subsection (a), the Secretary of any covered action regarding a covered unit
ber 31 of the calendar year in which the member the military department concerned shall— until the day that is 60 days after the Secretary
eligible under this section for appointment as a ‘‘(1) based on the results of the inspection, of a military department submits to Congress no-
second lieutenant in the Army Reserve or Army designate the performance of such National tice of such covered action. Such notice shall in-
National Guard.’’; Guard as unsatisfactory, satisfactory, or excel- clude the following elements:
(B) by adding at the end the following new lent; and (1) An analysis of how the covered action
paragraph: ‘‘(2) post such designation on a publicly ac- would improve readiness.
‘‘(3) The Secretary of the Army may prescribe cessible website of the Department of Defense. (2) A description of how the covered action
regulations specifying— ‘‘(e) MANDATORY REINSPECTION.—A National would align with the National Defense Strategy
‘‘(A) the courses of study that may be pursued Guard of a State that receives a designation of and the supporting strategies of each military
by a member of the program for purposes of unsatisfactory under subsection (d) shall be re- departments.
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meeting the requirement under paragraph inspected in accordance with this section not (3) A description of any proposed organiza-
(1)(A)(ii); and later one year after the conclusion of the inspec- tional change associated with the covered action
‘‘(B) the level of academic achievement needed tion that resulted in such designation. and how the covered action will affect the rela-
to meet such requirement.’’. ‘‘(f) REPORTS.— tionship of administrative, operational, or tac-
(2) in subsection (b)(3)(B)(i), by inserting ‘‘or ‘‘(1) IN GENERAL.—Not later than 90 days, tical control responsibilities of the covered unit.
civilian institution’’ after ‘‘military junior col- after the conclusion of each inspection under (4) The projected cost and any projected long-
lege’’; this section, the Secretary of the military de- term cost savings of the covered action.
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H6056 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(5) A detailed description of any requirements the following new section (and the table of sec- 117–81; 10 U.S.C. 1161 note) is amended in the
for new infrastructure or relocation of equip- tions at the beginning of such subchapter is matter preceding paragraph (1) by striking
ment and assets necessary for the covered ac- amended accordingly): ‘‘During the time period beginning on August
tion. ‘‘§ 1493. Notification to next of kin or other ap- 24, 2021, and ending on the date that is two
(6) An analysis whether the covered action propriate person: timing; training years after the date of the enactment of this
would facilitate— ‘‘(a) IN GENERAL.—In the event of a death Act, any’’ and inserting ‘‘Any’’.
(A) total force integration; and SEC. 525. PROHIBITION ON USE OF PHOTO-
(B) general officer progression. that requires the Secretary of the military de-
partment concerned to provide a death benefit GRAPHS BY CERTAIN MILITARY PRO-
(7) A description of how the covered activity MOTION BOARDS.
will affect the ability of the covered unit to ac- under this subchapter, such Secretary shall no-
tify the next of kin or other appropriate person (a) IN GENERAL.—The Secretary of Defense
complish its current mission. shall ensure that no military promotion record
(b) APPLICABILITY.—This section shall apply not later than four hours after such death.
‘‘(b) DEATH OUTSIDE THE UNITED STATES.—If of a covered Armed Force includes any official
to any step to perform covered action regarding or unofficial photographs.
a covered unit on or after the date of the enact- a death described in subsection (a) occurs out-
side the United States, the Secretary of Defense, (b) COVERED ARMED FORCE DEFINED.—In this
ment of this Act. section, the term ‘‘covered Armed Force’’ means
(c) DEFINITIONS.—In this section: in coordination with the Secretary of State,
shall attempt to delay reporting, by the media of the following:
(1) The term ‘‘covered action’’ means any of (1) The Army.
the following: the country in which such death occurs, of the
(2) The Navy.
(A) To deactivate. name of the decedent until after the Secretary of (3) The Marine Corps.
(B) To reassign. the military department concerned has notified (4) The Air Force.
(C) To move the home station. the next of kin or other appropriate person pur- (5) The Space Force.
(D) To reassign any responsibility. suant to subsection (a).
(E) To integrate, in the case of— SEC. 526.
GENDER-NEUTRAL FITNESS STAND-
‘‘(c) TRAINING.—The Secretary of the military ARDS FOR COMBAT MILITARY OCCU-
(i) a covered unit and a unit of the regular department concerned shall include a training PATIONAL SPECIALTIES OF THE
component of a covered Armed Force; or exercise regarding a death described in this sec- ARMY.
(ii) more than one covered unit. tion in each major exercise or planning con-
(2) The term ‘‘covered Armed Force’’ means (a) ESTABLISHMENT.—Not later than 180 days
ference conducted by such Secretary or the Sec- after the date of the enactment of this Act, the
the following:
retary of Defense.’’. Secretary of the Army shall—
(A) The Army.
(B) The Navy. SEC. 522. DIRECT ACCEPTANCE OF GIFTS FROM (1) establish gender-neutral fitness standards
(C) The Marine Corps. CERTAIN SOURCES BY ENLISTED for combat MOSs that are higher than those for
MEMBERS. non-combat MOSs; and
(D) The Air Force.
(E) The Space Force. (a) AUTHORITY.—Section 2601a of title 10, (2) provide a briefing to the Committees on
(3) The term ‘‘covered unit’’ means a unit of United States Code, is amended— Armed Services of the Senate and House of Rep-
a reserve component of a covered Armed Force. (1) in subsection (b)— resentatives setting forth—
SEC. 519. PLAN TO ENSURE REASONABLE ACCESS
(A) by redesignating paragraphs (1) through (A) the list of combat MOSs described in para-
TO THE JUNIOR RESERVE OFFICERS’ (3) as subparagraphs (A) through (C), respec- graph (1); and
TRAINING CORPS. tively; (B) the methodology used to determine wheth-
(a) PLAN REQUIRED.—The Secretary of De- (B) in the matter preceding subparagraph (A), er to include an MOS on such list.
fense, in consultation with the Secretaries of the as redesignated, by striking ‘‘This section ap- (b) MOS DEFINED.—In this section, the term
military departments, shall develop a plan to in- plies to’’ and inserting ‘‘(1) A member described ‘‘MOS’’ means a military occupational spe-
crease the total number of units of the Junior in this paragraph is’’; cialty.
Reserve Officers’ Training Corps to ensure that (C) by adding at the end the following new
SEC. 527. RETENTION AND RECRUITMENT OF
there is reasonable access to such units in each paragraph: MEMBERS OF THE ARMY WHO SPE-
‘‘(2) A member described in this paragraph is CIALIZE IN AIR AND MISSILE DE-
geographic region of the United States by not
an enlisted member of the armed forces.’’; and FENSE SYSTEMS.
later than September 30, 2031. (2) in subsection (d)—
(b) ELEMENTS.—The plan required under sub- (a) STUDY.—The Comptroller General of the
(A) by inserting ‘‘(1)’’ before ‘‘The regula-
section (a) shall include the following: United States shall study efforts to retain and
tions’’; and
(1) A proposal to increase the total number of (B) by adding at the end the following new recruit members with military occupational spe-
units of the Junior Reserve Officers’ Training paragraph: cialties regarding air and missile defense sys-
Corps to ensure reasonable access for students ‘‘(2) A member described in subsection (b)(2) tems of the Army.
throughout the United States. may not accept a gift— (b) REPORT.—Not later than six months after
(2) The estimated cost of implementing the ‘‘(A) from a source described in paragraph (1); the date of the enactment of this Act, the Comp-
proposed increase in the number of such units. ‘‘(B) solicited by the member; troller General shall submit to the Committees
(3) A prioritized list of the States and regions ‘‘(C) that a reasonable person would believe on Armed Services of the Senate and House of
in which the Secretary proposes adding addi- was intended to influence the member in the Representatives a report that identifies steps the
tional units. performance of duties as a member; or Secretary of the Army may take to improve such
(4) Actions the Secretary expects to carry out ‘‘(D) that a reasonable person would believe retention and recruitment.
to ensure adequate representation and fair ac- was intended to supplement the pay of the mem- (c) IMPLEMENTATION.—Not later than Sep-
cess to such units for students in all regions of ber.’’. tember 30, 2023, the Secretary of the Army shall
the United States, including rural and remote (b) CONFORMING AMENDMENTS.—Such section implement the steps identified in the report
areas and in underrepresented States. is further amended— under subsection (b).
(5) To the extent appropriate, modifications to (1) in subsection (b)(1)(C), as redesignated, by SEC. 528. PILOT PROGRAM ON REMOTE PER-
the requirements for such units, including the striking ‘‘paragraph (1)’’ and inserting ‘‘sub- SONNEL PROCESSING IN THE ARMY.
requirements applicable to instructors, to accom- paragraph (A)’’; (a) PILOT PROGRAM.—Not later than January
modate units in rural areas and small schools. (2) in subsection (c), by striking ‘‘, (2) or (3)’’; 1, 2024, the Secretary of the Army shall imple-
(6) A plan to increase school and community and ment a pilot program to test the use of a soft-
awareness of Junior Reserve Officers’ Training (3) in subsection (e), by striking ‘‘subsection ware application to expedite in-processing and
Corps programs in underrepresented areas. (b)(2)’’ and inserting ‘‘subsection (b)(1)(B)’’. out-processing at one or more military installa-
(c) REPORT.—Not later than 180 days after the SEC. 523. LIMITATION OF EXTENSION OF PERIOD
tions—
date of the enactment of this Act, the Secretary OF ACTIVE DUTY FOR A MEMBER
WHO ACCEPTS A FELLOWSHIP,
(1) under the jurisdiction of such Secretary;
of Defense shall submit to the Committees on and
SCHOLARSHIP, OR GRANT.
Armed Services of the Senate and the House of (2) located within the continental United
Representatives a report that includes the plan (a) LIMITATION.—Subsection (b) of section
2603 of title 10, United States Code, is amended States.
developed under subsection (a). (b) APPLICATION REQUIREMENTS.—The soft-
(d) REASONABLE ACCESS DEFINED.—In this by adding at the end ‘‘No such period may ex-
ware application shall perform the following
section, the term ‘‘reasonable access’’, when ceed five years’’.
(b) RETROACTIVE EFFECT.—An agreement functions:
used with respect to units of the Junior Reserve (1) Enable the remote in-processing and out-
Officers’ Training Corps, means a level of access under such subsection, made by a member of the
Armed Forces on or before the date of the enact- processing of covered personnel, including by
determined by the Secretary of Defense be rea- permitting covered personnel to electronically
sonable taking into account the demand for stu- ment of this Act, may not require such member
to serve on active duty for a period longer than sign forms.
dent participation, the availability of instruc- (2) Reduce the number of hours required of
tors, and the physical distance between units. five years.
covered personnel for in-processing and out-
SEC. 524. ELIMINATION OF TIME LIMIT FOR MAN-
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Subtitle C—General Service Authorities and DATORY CHARACTERIZATIONS OF processing.
Military Records ADMINISTRATIVE DISCHARGES OF (3) Provide, to covered personnel and the com-
SEC. 521. NOTIFICATION TO NEXT OF KIN UPON CERTAIN MEMBERS ON THE BASIS mander of a military installation concerned,
THE DEATH OF A MEMBER OF THE OF FAILURE TO RECEIVE COVID-19 electronic copies of records related to in-proc-
ARMED FORCES. VACCINE. essing and out-processing.
Subchapter II of chapter 75 of title 10, United Section 736(a) of the National Defense Au- (c) SELECTION OF LOCATION.—In selecting a
States Code, is amended by adding at the end thorization Act for Fiscal Year 2022 (Public Law military installation for the pilot program, the
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6057
Secretary shall give priority to the military in- ‘‘(2) The term ‘sexual harassment’ means con- Guard) shall submit to the appropriate congres-
stallation that is the least popular according to duct that constitutes the offense of sexual har- sional committees a report assessing the holistic
preferences of Army officers in the Active Duty assment as punishable under section 934 of this effect of the reforms contained in subtitle D of
Officer Assignment Interactive Module. title (article 134) pursuant to the regulations title V of the National Defense Authorization
(d) TERMINATION.—The pilot program shall prescribed by the Secretary of Defense for pur- Act for Fiscal Year 2022 (Public Law 117–81) on
terminate on January 1st, 2027. poses of such section (article).’’. the military justice system. The report shall in-
(e) REPORT.—Not later than January 1, 2026, (2) EFFECTIVE DATE.—The amendments made clude the following elements:
the Secretary shall submit to the Committees on by paragraph (1) shall take effect immediately (1) An overall assessment of the effect such re-
Armed Services of the Senate and House of Rep- after the coming into effect of the amendments forms have had on the military justice system
resentatives a report regarding the pilot pro- made by section 543 of the National Defense Au- and the maintenance of good order and dis-
gram, including the recommendation of the Sec- thorization Act for Fiscal Year 2022 (Public Law cipline in the ranks.
retary whether to make the pilot program per- 117–81) as provided in subsection (c) of that sec- (2) The percentage of caseload and courts-
manent. tion. martial assessed as meeting, or having been as-
(f) DEFINITIONS.—In this section: SEC. 532. MATTERS IN CONNECTION WITH SPE- sessed as potentially meeting, the definition of
(1) The term ‘‘covered personnel’’ includes CIAL TRIAL COUNSEL. ‘‘covered offense’’, disaggregated by offense and
members of the Army and civilian employees of (a) DEFINITION OF COVERED OFFENSE.— military service where possible.
the Department of the Army. (1) IN GENERAL.—Paragraph (17)(A) of section (3) An assessment of prevalence and data con-
(2) The term ‘‘in-processing’’ means the ad- 801 of title 10, United States Code (article 1 of cerning disposition of cases by commanders after
ministrative activities that covered personnel the Uniform Code of Military Justice), as added declination of prosecution by special trial coun-
undertake pursuant to a permanent change of by section 533 of the National Defense Author- sel, disaggregated by offense and military serv-
station. ization Act for Fiscal Year 2022 (Public Law ice when possible.
(3) The term ‘‘out-processing’’ means the ad- 117–81; 135 Stat. 1695) and amended by section (4) Assessment of the effect, if any, the re-
ministrative activities that covered personnel 531, is further amended by striking ‘‘section 920 forms contained in such subtitle have had on
undertake pursuant to a permanent change of (article 120)’’ and inserting ‘‘section 919a (arti- non-judicial punishment concerning covered
station, separation from the Army, or end of em- cle 119a), section 920 (article 120), section 920a and non-covered offenses.
ployment with the Department of the Army. (article 120a)’’. (5) A description of the resources and per-
Subtitle D—Military Justice (2) EFFECTIVE DATE.—The amendments made sonnel required to maintain and execute the re-
by paragraph (1) shall— forms made by such subtitle during the report-
SEC. 531. SEXUAL HARASSMENT INDEPENDENT (A) take effect on the date that is two years ing period relative to fiscal year 2022.
INVESTIGATIONS AND PROSECU-
TION.
after the date of the enactment of the National (6) A description of any other factors or mat-
Defense Authorization Act for Fiscal Year 2022 ters considered by the Secretary to be important
(a) INCLUSION OF SEXUAL HARASSMENT IN OF-
(Public Law 117–81); and to a holistic assessment of these reforms on the
FENSES SUBJECT TO AUTHORITY OF SPECIAL
(B) apply with respect to any offenses that military justice system.
TRIAL COUNSEL.— occur after that date. (f) APPROPRIATE CONGRESSIONAL COMMITTEES
(1) DEFINITION OF COVERED OFFENSE.—Section (b) RESIDUAL PROSECUTORIAL DUTIES AND DEFINED.—In this section, the term ‘‘appro-
801(17)(A) of title 10, United States Code (article OTHER JUDICIAL, FUNCTIONS OF CONVENING AU- priate congressional committees’’ means the fol-
1(17)(A) of the Uniform Code of Military Jus- THORITIES IN COVERED CASES.—The President lowing:
tice), as added by section 533 of the National shall prescribe regulations to ensure that resid- (1) The Committee on Armed Services of the
Defense Authorization Act for Fiscal Year 2022 ual prosecutorial duties and other judicial func- House of Representatives.
(Public Law 117–81), is amended— tions of convening authorities, including but not (2) The Committee on Armed Services of the
(A) by striking ‘‘or’’; and limited to granting immunity, ordering deposi- Senate.
(B) by striking ‘‘of this title’’ and inserting ‘‘, tions, and hiring experts, with respect to (3) The Committee on Transportation and In-
or the standalone offense of sexual harassment charges and specifications over which a special frastructure of the House of Representatives.
punishable under section 934 (article 134) of this trial counsel exercises authority pursuant to (4) The Committee on Commerce, Science, and
title’’. section 824a of title 10, United States Code (arti- Transportation of the Senate.
(2) EFFECTIVE DATE.—The amendments made cle 24a of the Uniform Code of Military Justice), SEC. 533. STANDARDS FOR IMPOSITION OF COM-
by subsection (a) shall take effect two years are transferred to the military judge, the special MANDING OFFICER’S NON-JUDICIAL
after the coming into effect of the amendments trial counsel, or other authority as appropriate PUNISHMENT.
made by section 533 of the National Defense Au- in such cases by no later than the effective date (a) COMMANDING OFFICER’S NON-JUDICIAL
thorization Act for Fiscal Year 2022 (Public Law established in section 539C of the National De- PUNISHMENT.—
117–81) as provided in section 539C of that Act. fense Authorization Act for fiscal Year 2022 (1) IN GENERAL.—Section 815 of title 10, United
(b) INDEPENDENT INVESTIGATION OF SEXUAL (Public Law 117–81; 10 U.S.C. 801 note), in con- States Code (article 15 of the Uniform Code of
HARASSMENT.— sideration of due process for all parties involved Military Justice), is amended—
(1) DEFINITIONS.—Section 1561 of title 10, in such a case. (A) by redesignating subsections (c) through
United States Code, as amended by section 543 (c) AMENDMENTS TO THE RULES FOR COURTS (g) as subsections (d) through (h), respectively;
of the National Defense Authorization Act for MARTIAL.—The President shall prescribe in reg- (B) by inserting after subsection (b), the fol-
Fiscal Year 2022 (Public Law 117–81), is amend- ulation such modifications to Rule 813 of the lowing new subsection:
ed— Rules for Courts-Martial and other Rules as ap- ‘‘(c)(1) Except as provided in paragraphs (2)
(A) in subsection (a)— propriate to ensure that at the beginning of and (3), a commanding officer may not impose a
(i) by striking ‘‘or Space Force’’ and inserting each court-martial convened, the presentation punishment authorized in subsection (b) unless,
‘‘Space Force, or Coast Guard’’; and of orders does not in open court specify the before the imposition of such punishment, the
(ii) by inserting ‘‘or the Department of Home- name, rank, or position of the convening au- commanding officer—
land Security (in the case of a matter involving thority convening such court, unless such con- ‘‘(A) requests and receives legal guidance re-
the Coast Guard when not operating as a serv- vening authority is the Secretary concerned, the garding the imposition of such punishment from
ice in the Navy)’’ after ‘‘Department of De- Secretary of Defense, or the President. a judge advocate or other legal officer of the
fense’’; and (d) BRIEFING REQUIRED.—Not later than 180 armed force of which the commanding officer is
(B) by amending subsection (e) to read as fol- days after the date of the enactment of this Act, a member; and
lows: the Secretary of Defense shall provide to the ‘‘(B) provides the member who may be subject
‘‘(e) DEFINITIONS.—In this section: Committees on Armed Services of the Senate and to such punishment with an opportunity to con-
‘‘(1) The term ‘independent investigator’ the House of Representatives a briefing on the sult appropriate legal counsel.
means a member of the armed forces or a civilian progress of the Department of Defense in imple- ‘‘(2) Paragraph (1) shall not apply to the pun-
employee of the Department of Defense or the menting this section, including an identification ishments specified in subparagraphs (E) and (F)
Department of Homeland Security (in the case of— of subsection (b)(2).
of a matter involving the Coast Guard when not (1) the duties to be transferred under sub- ‘‘(3) A commanding officer may waive the re-
operating as a service in the Navy) who— section (b); quirements set forth in subparagraphs (A) and
‘‘(A) is outside the chain of command of the (2) the positions to which those duties will be (B) of paragraph (1), on a case by case basis, if
complainant and the subject of the investiga- transferred; and the commanding officer determines such a waiv-
tion; and (3) any provisions of law or Rules for Courts er is necessary on the basis of operational neces-
‘‘(B) is trained in the investigation of sexual Martial that must be amended or modified to sity.’’; and
harassment, as determined by— fully complete the transfer. (C) in subsection (f), as so redesignated, by
‘‘(i) the Secretary concerned, in the case of a (e) ADDITIONAL REPORTING RELATIVE TO IM- striking ‘‘subsection (d)’’ and inserting ‘‘sub-
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member of the armed forces; PLEMENTATION OF SUBTITLE D OF TITLE V OF section (e)’’.
‘‘(ii) the Secretary of Defense, in the case of a THE NATIONAL DEFENSE AUTHORIZATION ACT (2) EFFECTIVE DATE AND APPLICABILITY.—The
civilian employee of the Department of Defense; FOR FISCAL YEAR 2022.—Not later than Feb- amendments made by paragraph (1) shall take
or ruary 1, 2025, and annually thereafter for five effect 180 days after the date of the enactment
‘‘(iii) the Secretary of Homeland Security, in years, the Secretary of Defense and the Sec- of this Act and shall apply with respect to pun-
the case of a civilian employee of the Depart- retary of the department in which the Coast ishments imposed under section 815 of title 10,
ment of Homeland Security. Guard is operating (with respect to the Coast United States Code (article 15 of the Uniform
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H6058 CONGRESSIONAL RECORD — HOUSE July 13, 2022
Code of Military Justice), on or after such effec- under subsection (a), the Secretary of Defense ‘‘(f) ANNUAL REPORTS.—Not later than Feb-
tive date. shall— ruary 1 of each year, the Secretaries concerned,
(3) ADDITIONAL GUIDANCE REQUIRED.—Not ‘‘(1) in lieu of providing for separate offices in consultation with the Secretary of the Treas-
later than one year after the date of the enact- for the Air Force and Space Force under sub- ury, shall submit to the appropriate congres-
ment of this Act, each Secretary concerned shall section (a)(1), provide for the establishment of a sional committees a report that includes—
prescribe regulations or issue other written guid- single dedicated office from which office the ac- ‘‘(1) a summary of the amounts deposited to
ance with respect to non-judicial punishment tivities of the special trial counsel of the Depart- and paid from the Fund during the preceding
under section 815 of title 10, United States Code ment of the Air Force shall be supervised and year;
(article 15 of the Uniform Code of Military Jus- overseen; and ‘‘(2) the number of victims who received pay-
tice) that— ‘‘(2) in lieu of providing for separate lead spe- ments from the Fund during the preceding year,
(A)(i) identifies criteria to be considered when cial trial counsels for the Air Force and Space set forth separately for each covered violent of-
determining whether a member of the armed Force under subsection (a)(2), provide for the fense; and
forces is attached to or embarked in a vessel for appointment of one lead special trial counsel ‘‘(3) an estimate of the amount of appropria-
the purposes of determining whether such mem- who shall be responsible for the overall super- tions required, if any, to maintain the solvency
ber may demand trial by court-martial in lieu of vision and oversight of the activities of the spe- of the fund for the period of two fiscal years fol-
punishment under such section (article); and cial trial counsel of the Department of the Air lowing the date of the report.
(ii) establishes a policy about the appropriate Force.’’. ‘‘(g) DEFINITIONS.—In this section:
and responsible invocation of such exception; (b) EFFECTIVE DATE.—The amendments made ‘‘(1) The term ‘appropriate congressional com-
and subsection (a) shall take effect immediately after mittees’ means the following:
(B) establishes criteria commanders must con- the coming into effect of the amendments made ‘‘(A) The congressional defense committees.
sider when evaluating whether to issue a waiver by section 532 of the National Defense Author- ‘‘(B) The Committee on Transportation and
under subsection (c)(3) of such section (article) ization Act for Fiscal Year 2022 (Public Law Infrastructure of the House of Representatives.
(as added by paragraph (1) of this subsection) 117–81) as provided in section 539C of that Act. ‘‘(C) The Committee on Commerce, Science,
on the basis of operational necessity. SEC. 535. FINANCIAL ASSISTANCE FOR VICTIMS and Transportation of the Senate.
(b) MODIFICATION OF ANNUAL REPORTS ON RA- OF OFFENSES UNDER THE UNIFORM ‘‘(2) The term ‘covered violent offense’
CIAL AND ETHNIC DEMOGRAPHICS IN THE MILI- CODE OF MILITARY JUSTICE.
means—
TARY JUSTICE SYSTEM.—Section 486(b) of title 10, (a) MILITARY CRIME VICTIMS FINANCIAL AS-
‘‘(A) an offense under section 918 (article 118),
United States Code, is amended— SISTANCE FUND.—Chapter 53 of title 10, United
section 919 (article 119), section 919a (article
(1) in paragraph (7), by striking ‘‘and’’ at the States Code, is amended by inserting before sec-
119a), section 920 (article 120), section 920b (arti-
end; tion 1045 the following new section:
cle 120b), section 920c (article 120c), section 922
(2) in paragraph (8), by striking the period at ‘‘§ 1044g. Military Crime Victims Financial As- (article 122), section 925 (article 125), section 928
the end and inserting a semicolon; and sistance Fund (article 128), section 928a (article 128a), section
(3) by adding at the end the following new ‘‘(a) ESTABLISHMENT.—There is established in 928b (article 128b), section 930 (article 130), or
paragraphs: the Treasury of the United States a fund to be the standalone offense of sexual harassment as
‘‘(9) with respect to principals on sea duty
known as the ‘Military Crime Victims Financial punishable under section 934 (article 134) of this
who were not attached to or embarked in a ves-
Assistance Fund’ (referred to in this section as title; or
sel (as determined by the Secretary of the Navy
the ‘Fund’). ‘‘(B) an attempt to commit an offense specified
or the Secretary of the department in which the ‘‘(b) ADMINISTRATION OF FUND.—The Sec- in subparagraph (A) as punishable under sec-
Coast Guard is operating), the number of non- retary of the Treasury shall administer the tion 880 of this title (article 880).
judicial punishments proposed and finalized Fund consistent with the provisions of this sec- ‘‘(3) The term ‘victim’ means individual who
under section 815 of this title (article 15 of the tion. has suffered direct physical, emotional, or pecu-
Uniform Code of Military Justice), in total and ‘‘(c) DEPOSITS.—There shall be deposited in niary harm as a result of the commission of a
disaggregated by— the Fund the following: covered violent offense.’’.
‘‘(A) whether the commanding officer impos- ‘‘(1) Any amounts appropriated to the Fund. (b) CLERICAL AMENDMENT.—The table of sec-
ing non-judicial punishment requested and re- ‘‘(2) Any amounts donated to the Fund. tions at the beginning of such chapter is amend-
ceived legal guidance regarding the imposition ‘‘(d) AVAILABILITY AND USE OF FUND.— ed by inserting before the item relating to sec-
of such punishment from a judge advocate or Amounts in the Fund shall, to the extent pro- tion 1045 the following new item:
other legal officer of the armed force of which vided in appropriations Acts, be available solely
the commanding officer is a member; for the payment of financial assistance to vic- ‘‘1044g. Military Crime Victims Financial Assist-
‘‘(B) whether the principal was provided the tims of covered violent offenses in accordance ance Fund.’’.
opportunity to consult appropriate legal coun- with the regulations prescribed under subsection (c) APPLICABILITY.—Eligibility to receive a
sel; and (e). payment from the Military Crime Victims Finan-
‘‘(C) statistical category as related to the prin- ‘‘(e) REGULATIONS.—Not later than one year cial Assistance Fund under section 1044g of title
cipal; and after the date of the enactment of this section, 10, United States Code (as added by subsection
‘‘(10) with respect to principals on sea duty the Secretary of Defense shall prescribe regula- (a)), shall be limited to individuals who—
who were attached to or embarked in a vessel tions pursuant to which a victim of a covered (1) are victims of covered violent offenses that
(as determined by the Secretary of the Navy or violent offense may apply for and receive finan- occur on or after the date of the enactment of
the Secretary of the department in which the cial assistance payments from the Fund. Such this Act; and
Coast Guard is operating), the number of non- regulations shall provide as follows: (2) apply for payment from the Fund after the
judicial punishments proposed and finalized ‘‘(1) A victim of a covered violent offense may effective date of the regulations prescribed
under section 815 of this title (article 15 of the apply to the Fund for— under subsection (e) of such section 1044g.
Uniform Code of Military Justice), in total and ‘‘(A) a standard payment; (d) PROGRESS REPORT.—
disaggregated by— ‘‘(B) a reimbursement payment; or (1) IN GENERAL.—Not later than 90 days after
‘‘(A) whether the commanding officer impos- ‘‘(C) a standard payment and a reimburse- the date of the enactment of this Act, the Sec-
ing non-judicial punishment requested and re- ment payment. retary of Defense shall submit to the appro-
ceived legal guidance regarding the imposition ‘‘(2) A standard payment to a victim shall be priate congressional committees a report on
of such punishment from a judge advocate or a fixed amount determined by the Secretary of plans of the Secretary for implementing the
other legal officer of the armed force of which Defense for each covered violent offense. Military Crime Victims Financial Assistance
the commanding officer is a member; ‘‘(3) A reimbursement payment to a victim Fund under section 1044g of title 10, United
‘‘(B) whether the principal was provided the shall be an amount determined by the Secretary States Code (as added by subsection (a)).
opportunity to consult appropriate legal coun- of Defense that is sufficient to reimburse the vic- (2) APPROPRIATE CONGRESSIONAL COMMITTEES
sel; and tim for health care expenses, travel expenses, DEFINED.—In this subsection, the term ‘‘appro-
‘‘(C) statistical category as related to the prin- and expenses for property damage resulting priate congressional committees’’ means the fol-
cipal.’’. from the covered violent offense, subject to such lowing:
SEC. 534. SPECIAL TRIAL COUNSEL OF THE AIR limits as the Secretary may prescribe. A reim- (A) The congressional defense committees.
FORCE. bursement payment may not be made for any ex- (B) The Committee on Transportation and In-
(a) IN GENERAL.—Section 1044f of title 10, penses for which a victim receives reimburse- frastructure of the House of Representatives.
United States Code, is amended— ment from other sources, including insurance (C) The Committee on Commerce, Science, and
(1) in subsection (a), in the matter preceding claims. Transportation of the Senate.
paragraph (1), by striking ‘‘The policies shall’’ ‘‘(4) An individual victim may receive not SEC. 536. ADDRESSING SEX-RELATED OFFENSES
and inserting ‘‘Subject to subsection (c), the more than $50,000 from the Fund per incident. AND SEXUAL HARASSMENT INVOLV-
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policies shall’’; ‘‘(5) The eligibility of a victim to receive pay- ING MEMBERS OF THE NATIONAL
(2) by redesignating subsection (c) as sub- ments from the Fund shall be subject to such GUARD.
section (d); and terms, conditions, and other requirements as the (a) ADDRESSING CERTAIN SEX-RELATED OF-
(3) by inserting after subsection (b) the fol- Secretary may prescribe. FENSES.—
lowing new subsection: ‘‘(6) The Secretary may not make a payment (1) IN GENERAL.—Chapter 80 of title 10, United
‘‘(c) SPECIAL TRIAL COUNSEL OF DEPARTMENT from the Fund if the amount of such payment States Code, is amended by inserting after sec-
OF THE AIR FORCE.—In establishing policies would exceed the amounts available in the fund. tion 1561b the following new section:
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6059
‘‘§ 1561c. Addressing sex-related offenses and (c) IMPLEMENTATION.—The Secretary of De- who receives a notice under subsection (a) or (b)
sexual harassment involving members of the fense shall prescribe regulations implementing may request the removal of the record that is the
National Guard section 1561c of title 10, United States Code, as subject of such notice; and
‘‘(a) IN GENERAL.—An adjutant general who added by subsection (a). ‘‘(2) issue uniform guidance, applicable to all
receives notice of an allegation of a sex-related SEC. 537. PROHIBITION ON SHARING OF INFOR- military criminal investigative organizations,
offense or sexual harassment committed by a MATION ON DOMESTIC VIOLENCE IN- specifying the conditions under which such a
CIDENTS. record may be removed.
member of the National Guard under the juris-
diction of the adjutant general shall, not later Section 1562 of title 10, United States Code, is ‘‘(f) ON-GOING AND SENSITIVE INVESTIGA-
than 72 hours after receiving such notice— amended by adding at the end the following TIONS.—The head of a military criminal inves-
‘‘(1) report the allegation to the Chief of the new subsection: tigative organization may waive the notification
‘‘(c) PROHIBITION ON SHARING OF CERTAIN IN- requirements of this section if such head deter-
National Guard Bureau; and
FORMATION.— mines that a notification made pursuant to this
‘‘(2) ensure that the alleged victim is informed
‘‘(1) IN GENERAL.—In a case in which the in- section would—
of the availability of Special Victims’ Counsel in
formation maintained and reported by the Sec- ‘‘(1) endanger any witness or victim of the of-
accordance with section 1044e of this title, as
retary of a military department under sub- fense under investigation;
applicable.
section (b) includes the findings of an Incident ‘‘(2) disclose the existence of an intelligence or
‘‘(b) INITIAL REPORT.—
Determination Committee, the Secretary may counterintelligence investigation; or
‘‘(1) ELEMENTS.—Each report under sub-
not share such findings with any party other ‘‘(3) compromise or reveal any other on-going
section (a)(1) shall include the following:
than the administrator of the database under criminal investigation.
‘‘(A) A summary of the allegation.
subsection (a). ‘‘(e) MILITARY CRIMINAL INVESTIGATIVE ORGA-
‘‘(B) Identification of—
‘‘(2) WAIVER.—The Secretary of Defense may NIZATION DEFINED.—In this section, the term
‘‘(i) the individual who is alleged to have com-
waive the prohibition under paragraph (1) on a ‘military criminal investigative organization’
mitted the offense;
case-by-case basis if the Secretary determines means any organization or element of the De-
‘‘(ii) the alleged victim of the offense; and
that it is necessary to share the findings of an partment of Defense or an armed force that is
‘‘(iii) the individual or entity that is inves-
Incident Determination Committee with a mem- responsible for conducting criminal investiga-
tigating the allegation.
ber of the Armed Forces or a civilian employee tions, including—
‘‘(C) A statement indicating whether the al-
of the Department of Defense acting within the ‘‘(1) the Army Criminal Investigation Com-
leged victim has been informed of the avail-
scope of their official duties. mand;
ability of legal counsel in accordance with sub-
‘‘(3) INCIDENT DETERMINATION COMMITTEE DE- ‘‘(2) the Naval Criminal Investigative Service;
section (a)(2).
FINED.—In this subsection, the term ‘Incident ‘‘(3) the Air Force Office of Special Investiga-
‘‘(2) LATE REPORTS.—In the event that an ad-
Determination Committee’ means a committee tions;
jutant general submits a report required under
established at a military installation that is re- ‘‘(4) the Coast Guard Investigative Service;
subsection (a) after the expiration of the 72-hour
sponsible for reviewing a reported incident of and
period specified in such subsection, the report
domestic violence and determining whether such ‘‘(5) the Defense Criminal Investigative Serv-
shall include—
incident constitutes serious harm to the victim ice.’’.
‘‘(A) the information specified in paragraph
according to the applicable criteria of the De- (b) CLERICAL AMENDMENT.—The table of sec-
(1); and
partment of Defense.’’. tions at the beginning of such chapter is amend-
‘‘(B) an explanation of the reasons the report
SEC. 538. MANDATORY NOTIFICATION OF MEM- ed by adding at the end the following new item:
was not timely submitted. BERS OF THE ARMED FORCES IDEN-
‘‘(c) FINAL REPORT.—Not later than 30 days ‘‘1567b. Mandatory notification of members of
TIFIED IN CERTAIN RECORDS OF
after determining whether or not to take action the armed forces and reserve com-
CRIMINAL INVESTIGATIONS.
against a member of the National guard accused ponents identified in certain
(a) IN GENERAL.—Chapter 80 of title 10,
of a sex-related offense or sexual harassment, records of criminal investiga-
United States Code, is amended by adding at the
the adjutant general shall submit to the Chief of tions.’’.
end the following new section:
the National Guard Bureau a report that in- SEC. 539. SENTENCING PARAMETERS UNDER THE
‘‘§ 1567b. Mandatory notification of members UNIFORM CODE OF MILITARY JUS-
cludes— of the armed forces and reserve components TICE FOR HATE CRIMES.
‘‘(1) the information described in subpara-
identified in certain records of criminal in- Section 539E(e)(2)(A)(ii) of the National De-
graphs (A) and (B) of subsection (b)(1);
vestigations fense Authorization Act for Fiscal Year 2022
‘‘(2) a description of any administrative, judi-
cial, or other action taken against the member; ‘‘(a) NOTIFICATION OF INCLUSION IN MCIO (Public Law 117–81; 10 U.S.C. 856 note) is
and RECORDS.—As soon as practicable after the con- amended by inserting ‘‘(including whether the
‘‘(3) if no such action was taken, an expla- clusion of a criminal investigation for which a offense is described in section 249 of title 18)’’
nation of the reasons the adjutant general de- military criminal investigative organization is after ‘‘district court’’.
clined to take such action. the lead investigative agency, the head of such SEC. 539A. LIMITATION ON AVAILABILITY OF
‘‘(d) APPLICABILITY.—The requirements of this organization shall provide, to any member or a FUNDS FOR RELOCATION OF ARMY
former member of the armed forces and reserve CID SPECIAL AGENT TRAINING
section shall apply with respect to an allegation COURSE.
of a sex-related offense or sexual harassment of components who is designated in the records of
the organization as a subject of such investiga- (a) LIMITATION.—None of the funds author-
which an adjutant general receives notice after
tion, written notice of such designation. ized to be appropriated by this Act or otherwise
the date of the enactment of this section without
‘‘(b) INITIAL NOTIFICATION OF PREVIOUS IN- made available for fiscal year 2023 for the Army
regard to—
CLUSION IN MCIO RECORDS.—Not later than 180 may be obligated or expended to relocate an
‘‘(1) the jurisdiction in which the offense oc-
days after the date of the enactment of this sec- Army CID special agent training course until—
curred; or
tion, the head of each military criminal inves- (1)(A) the Secretary of the Army submits to
‘‘(2) whether prosecution for the offense
tigative organization shall provide, to any mem- the Committees on Armed Services of the Senate
would be time barred by a statute of limitations.
ber or former member of the armed forces and re- and the House of Representatives—
‘‘(e) DEFINITIONS.—In this section: (i) the evaluation and plan required by sub-
‘‘(1) The term ‘sex-related offense’ means an serve components who is designated after Janu-
ary 1, 2011 in the records of the organization as section (a) of section 549C of the National De-
alleged sex-related offense (as defined in section fense Authorization Act for Fiscal Year 2022
1044e(h) of this title). a subject of a criminal investigation that is
closed as of such date, written notice of such (Public Law 117–81; 135 Stat. 1724);
‘‘(2) The term ‘sexual harassment’ means the (ii) the implementation plan required by sub-
offense of sexual harassment as punishable designation.
‘‘(c) CONTENTS OF NOTICE.—Each notice pro- section (b) of such section; and
under section 934 of this title (article 134 of the (iii) a separate report on any plans of the Sec-
vided under subsection (a) and (b) shall include
Uniform Code of Military Justice) pursuant to retary to relocate an Army CID special agent
the following information—
the regulations prescribed by the Secretary of training course, including an explanation of the
‘‘(1) The date on which the member was des-
Defense for purposes of such section (article).’’. business case for any transfer of training per-
ignated as a subject of a criminal investigation
(2) CLERICAL AMENDMENT.—The table of sec- sonnel proposed as part of such plan;
in the records of the military criminal investiga-
tions at the beginning of such chapter is amend- (B) the Secretary provides to the Committee on
tive organization.
ed by inserting after the item relating to section Armed Services of the House of Representatives
‘‘(2) Identification of each crime for which the
1561b the following new item: a briefing on the contents of each report speci-
member was investigated, including a citation to
‘‘1561c. Addressing sex-related offenses and sex- each provision of chapter 47 of this title (the fied in subparagraph (A); and
ual harassment involving members Uniform Code of Military Justice) that the mem- (C) a period of 90 days has elapsed following
of the National Guard.’’. ber was suspected of violating, if applicable. the briefing under subparagraph (B); and
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(b) EFFECTIVE DATE.—The amendments made ‘‘(3) Instructions on how the member may seek (2) the Secretary submits a written certifi-
by subsection (a) shall take effect immediately removal of the record in accordance with sub- cation to the Committees on Armed Services of
after the effective date of the amendments made section (d). the Senate and the House of Representatives in-
by part 1 of subtitle D of title V of the National ‘‘(d) REMOVAL OF RECORD.—The Secretary of dicating that the Army has fully complied with
Defense Authorization Act for Fiscal Year 2022 Defense shall— subsection (c) of section 549C of the National
(Public Law 117–81) as provided in section 539C ‘‘(1) establish a process through which a mem- Defense Authorization Act for Fiscal Year 2022
of that Act. ber of the armed forces and reserve components (Public Law 117–81; 135 Stat. 1724) with regard
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H6060 CONGRESSIONAL RECORD — HOUSE July 13, 2022
to locations at which military criminal inves- the record of any sexual assault forensic exam fense Authorization Act for Fiscal Year 2022
tigative training is conducted. of the victim that is in possession of investiga- (Public Law 117–81l 10 U.S.C. 1561 note) is
(b) DEFINITIONS.—In this section: tors or the Government. amended—
(1) The term ‘‘relocate’’, when used with re- (3) Any medical record of the victim that is in (1) by redesignating paragraphs (2), (3), and
spect to an Army CID special agent training the possession of investigators or the Govern- (4) as paragraphs (5), (6), and (7), respectively;
course, means the transfer of such course to a ment. (2) by inserting after paragraph (1) the fol-
location different than the location used for (d) DEFINITIONS.—In this section— lowing new paragraphs:
such course as of the date of the enactment of (1) The term ‘‘appropriate congressional com- ‘‘(2) include a focus on whether and to what
this Act. mittees’’ means— extent sub-populations of the military commu-
(2) The term ‘‘Army CID special agent train- (A) the congressional defense committees; nity may be targeted for sexual assault, sexual
ing course’’ means a training course provided to (B) the Committee on Commerce, Science, and
harassment, or domestic violence more than oth-
members of the Army to prepare such members Transportation of the Senate; and
(C) the Committee on Transportation and In- ers;
for service as special agents in the Army Crimi- ‘‘(3) seek to identify factors that influence the
frastructure of the House of Representatives.
nal Investigation Division. (2) The term ‘‘Secretary concerned’’ has the prevention, perpetration, and victimization of
SEC. 539B. RECOMMENDATIONS FOR SEN-
meaning given that term in section 101(a)(9) of sexual assault, sexual harassment, and domestic
TENCING OF MARIJUANA-BASED OF- violence;
FENSES UNDER THE UNIFORM CODE
title 10, United States Code.
‘‘(4) seek to improve the collection and dis-
OF MILITARY JUSTICE. Subtitle E—Other Legal Matters
semination of data on hazing and bullying re-
(a) RECOMMENDATIONS.—The Military Justice SEC. 541. CLARIFICATIONS OF PROCEDURE IN IN- lated to sexual assault, sexual harassment, and
Review Panel shall develop recommendations VESTIGATIONS OF PERSONNEL AC-
TIONS TAKEN AGAINST MEMBERS OF
domestic violence;’’; and
specifying appropriate sentencing ranges for of- (3) in paragraph (6), as redesignated by para-
THE ARMED FORCES IN RETALIA-
fenses involving the use and possession of mari- graph (1) of this section, by amending the text
TION FOR PROTECTED COMMUNICA-
juana under chapter 47 of title 10, United States TIONS. to read as follows:
Code (the Uniform Code of Military Justice). In (a) IN GENERAL.—Subparagraphs (D) and (E) ‘‘(6) incorporate collaboration with other Fed-
developing such recommendations, the Military of paragraph (4) of section 1034(c) of title 10, eral departments and agencies, including the
Justice Review Panel shall consider— United States Code, is amended to read as fol- Department of Health and Human Services and
(1) how the sentences typically imposed for lows: the Centers for Disease Control and Prevention,
marijuana-based offenses under such chapter ‘‘(D)(i) Upon determining that an investiga- State governments, academia, industry, feder-
compare to the sentences typically imposed for tion of an allegation under paragraph (1) is ally funded research and development centers,
other comparable offenses, such as offenses in- warranted, the Inspector General making the nonprofit organizations, and other organiza-
volving the misuse of alcohol; and determination shall expeditiously investigate the tions outside of the Department of Defense, in-
(2) the overall burden on the military justice allegation to determine whether the protected cluding civilian institutions that conduct similar
system of the current approach of the Depart- communication or activity under subsection (b) data-driven studies, collection, and analysis;
ment of Defense to sentencing marijuana-based was a contributing factor in the personnel ac- and’’.
offenses under such chapter. tion prohibited under subsection (b) that was (b) PRIMARY PREVENTION WORKFORCE.—Sec-
(b) REPORT.—Not later than 180 days after the taken or withheld (or threatened to be taken or tion 549B of the National Defense Authorization
date of the enactment of this Act, the Military withheld) against a member of the armed forces. Act for Fiscal Year 2022 (Public Law 117–81; 10
Justice Review Panel shall submit to the Com- ‘‘(ii) In the case of a determination made by U.S.C. 501 note) is amended—
mittees on Armed Services of the Senate and the the Inspector General of the Department of De- (1) in subsection (c), by adding at the end the
House of Representatives a report that includes fense, that Inspector General may delegate re- following new paragraph:
the recommendations developed under sub- sponsibility for the investigation to an appro- ‘‘(3) COMPTROLLER GENERAL REPORT.—Not
section (a). priate Inspector General of a military depart- later than one year after the date of the enact-
SEC. 539C. REPORT ON SHARING INFORMATION ment. ment of the National Defense Authorization Act
WITH COUNSEL FOR VICTIMS OF OF- ‘‘(iii) The member alleging the prohibited per- for Fiscal Year 2023, the Comptroller General of
FENSES UNDER THE UNIFORM CODE
sonnel action may use circumstantial evidence the United States shall submit to the appro-
OF MILITARY JUSTICE.
to demonstrate that the protected communica- priate congressional committees a report com-
(a) REPORT REQUIRED.—Not later than one
tion or activity under subsection (b) was a con- paring the sexual harassment and prevention
year after the date of the enactment of this Act,
tributing factor in the personnel action prohib- training of the Department of Defense with
the Defense Advisory Committee on Investiga-
ited under subsection (b). Such circumstantial similar programs at other Federal departments
tion, Prosecution, and Defense of Sexual As-
evidence may include that the person taking and agencies and including data collected by
sault in the Armed Forces (referred to in this
such prohibited personnel action knew of the colleges and universities and other relevant out-
section as the ‘‘Advisory Committee’’) shall sub-
protected communication or activity, and that side entities.’’; and
mit to the appropriate congressional committees
the prohibited personnel action occurred within (2) by adding at the end the following new
and each Secretary concerned a report on the
a period of time such that a reasonable person subsections:
feasibility and advisability of establishing a uni-
could conclude that the communication or pro- ‘‘(e) INCORPORATION OF RESEARCH AND FIND-
form policy for the sharing of the information
tected activity was a contributing factor in the INGS.—The Primary Prevention Workforce estab-
described in subsection (c) with a Special Vic-
personnel action. lished under subsection (a) shall, on a regular
tims’ Counsel, Victims’ Legal Counsel, or other ‘‘(iv) If the Inspector General determines it basis, incorporate findings and conclusions from
counsel representing a victim of an offense likelier than not that the member made a com- the primary prevention research agenda estab-
under chapter 47 of title 10, United States Code munication or participated in an activity pro- lished under section 549A, as appropriate, into
(the Uniform Code of Military Justice). tected under subsection (b) that was a contrib-
(b) ELEMENTS.—The report under subsection the work of the workforce.
uting factor in a personnel action described in ‘‘(f) APPROPRIATE CONGRESSIONAL COMMIT-
(a) shall include the following:
such subsection, the Inspector General shall TEES DEFINED.—In this section, the term ‘appro-
(1) An assessment of the feasibility and advis-
presume such personnel action to be prohibited priate congressional committees’ means the fol-
ability of establishing the uniform policy de-
under such subsection unless the Inspector Gen- lowing:
scribed in subsection (a), including an assess-
eral determines there is clear and convincing ‘‘(1) The Committees on Armed Services of the
ment of the potential effects of such a policy
evidence that the same personnel action would Senate and House of Representatives.
on—
(A) the privacy of individuals; have occurred in the absence of such protected ‘‘(2) The Committees on Appropriations of the
(B) the criminal investigative process; and communication or activity. Senate and House of Representatives.
(C) the military justice system generally. ‘‘(E) If the Inspector General preliminarily de- ‘‘(3) The Committee on Committee on Home-
(2) If the Advisory Committee determines that termines in an investigation under subpara- land Security and Governmental Affairs of the
the establishment of such a policy is feasible graph (D) that a personnel action prohibited Senate.
and advisable, a description of— under subsection (b) has occurred and that such ‘‘(4) The Committee on Oversight and Reform
(A) the stages of the military justice process at personnel action shall result in an immediate of the House of Representatives.’’.
which the information described in subsection hardship to the member alleging the personnel SEC. 543. TREATMENT OF CERTAIN COMPLAINTS
(c) should be made available to counsel rep- action, the Inspector General shall promptly no- FROM MEMBERS OF THE ARMED
resenting a victim; and tify the Secretary of the military department FORCES.
(B) any circumstances under which some or concerned or the Secretary of Homeland Secu- (a) REGULATIONS REQUIRED.—Not later than
all of such information should not be shared. rity, as applicable, of the hardship, and such 180 days after the date of the enactment of this
(3) Such recommendations for legislative or Secretary shall take such action as such Sec- Act, each Secretary of a military department
administrative action as the Advisory Committee retary determines appropriate.’’. shall issue regulations implementing subsections
dlhill on DSK120RN23PROD with HOUSE
considers appropriate. (b) TECHNICAL AMENDMENTS.—Such para- (b) and (c).
(c) INFORMATION DESCRIBED.—The informa- graph is further amended in subparagraphs (A) (b) MANDATORY IG INVESTIGATION OF CERTAIN
tion described in this subsection is the following: and (B) by striking ‘‘subsection (h)’’ both places COMPLAINTS.—
(1) Any recorded statements of the victim to it appears and inserting ‘‘subsection (i)’’. (1) INSPECTOR GENERAL INVESTIGATION.—A
investigators. SEC. 542. PRIMARY PREVENTION OF VIOLENCE. complaint described in paragraph (2) from a
(2) The record of any forensic examination of (a) ANNUAL PRIMARY PREVENTION RESEARCH member an Armed Force under the jurisdiction
the person or property of the victim, including AGENDA.—Section 549A(c) of the National De- of the Secretary of a military department—
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6061
(A) may be investigated only by the Inspector the Department of Defense or to a civilian law (B) Military law enforcement services, includ-
General of the Armed Force or military depart- enforcement organization. ing the process following a report of an inci-
ment concerned; and (C) The individual or a dependent of that in- dence of domestic abuse or child abuse or ne-
(B) may not be referred to an individual in dividual was an alleged victim of such incident. glect.
the chain of command of the complainant for (D) The individual demonstrates— (C) Other applicable victim services.
investigation. (i) an intent to seek refuge from the alleged (b) IMPROVEMENT OF COLLABORATION IN DO-
(2) COMPLAINT DESCRIBED.—A complaint de- abuser; and MESTIC ABUSE PREVENTION SERVICES.—
scribed in this paragraph— (ii) a need for financial assistance. (1) IN GENERAL.—Not later than 180 days after
(A) is a complaint alleging that there was a SEC. 545. AGREEMENTS WITH CIVILIAN VICTIM the date of the enactment of this Act, Depart-
violation of a Department of Defense policy re- SERVICE AGENCIES. ment of Defense Instruction 6400.01, relating to
lating to the investigation, processing, or other (a) GUIDANCE REQUIRED.—The Secretary of the Family Advocacy Program of the Depart-
administrative treatment of a report sexual as- Defense, in consultation with the Secretaries of ment of Defense, shall be modified to enhance
sault, sexual harassment, or domestic violence; the military departments and the Secretary of collaboration among the programs and entities
and the department in which the Coast Guard is op- specified in paragraph (2) for the purpose of
(B) does not include a complaint alleging an erating (with respect to the Coast Guard), shall leveraging the expertise and resources of such
actual act of sexual harassment, sexual assault, issue guidance pursuant to which installation programs and components to order to improve
or domestic violence. commanders may enter into memoranda of un- the availability and scope of domestic abuse pre-
(c) OPPORTUNITY TO WITHDRAW COMPLAINTS derstanding with qualified victim service agen- vention services for military families.
BEFORE REFERRAL TO CHAIN OF COMMAND.— cies for purposes of providing services to victims (2) PROGRAMS AND ENTITIES.—The programs
(1) NOTICE AN OPPORTUNITY TO WITHDRAW.— of sexual assault in accordance with subsection and entities specified in this paragraph are the
An Inspector General of an Armed Force or mili- (b). following:
tary department who is in receipt of a complaint (b) CONTENTS OF AGREEMENT.—A memo- (A) The Family Advocacy Program of the De-
that is eligible for referral to the chain of com- randum of understanding entered into under partment of Defense.
mand of the complainant may refer such com- subsection (a) shall provide that personnel of (B) The Sexual Assault Prevention and Re-
plaint to the chain of command only if the In- the sexual assault prevention and response pro- sponse Office of the Department of Defense.
spector General— (C) The Defense Suicide Prevention Office..
gram at a military installation may refer a vic-
(A) notifies the complainant of the intent of (D) The Defense Equal Opportunity Manage-
tim of sexual assault to a qualified civilian vic-
the Inspector General to make such referral; ment Institute.
tim service agency if such personnel determine (E) The Defense Health Agency.
and
that such a referral would benefit the victim. (F) The substance abuse prevention programs
(B) provides the complainant with the oppor-
(c) VICTIM SERVICE AGENCY DEFINED.—In this and entities of the covered Armed Forces.
tunity to withdraw the complaint during the pe-
section, the term ‘‘victim service agency’’ means (G) Relevant programs and entities of the De-
riod of 10 days following the issuance of such
an agency which may provide legal services, partment of Veterans Affairs.
notice.
(2) EFFECT OF WITHDRAWAL.—If a complain- counseling, or safe housing. (H) Civilian organizations with missions rel-
ant withdraws a complaint pursuant to para- SEC. 546. ACTIVITIES TO IMPROVE INFORMATION evant to domestic abuse prevention, including
SHARING AND COLLABORATION ON community health and social services organiza-
graph (1)(B), the Inspector General may not
MATTERS RELATING TO THE PRE- tions.
refer the complaint to an individual in the com- VENTION OF AND RESPONSE TO DO-
plainant’s chain of command and there shall be (I) Such other programs and entities as the
MESTIC ABUSE AND CHILD ABUSE
no further investigation of the complaint. AND NEGLECT AMONG MILITARY
Secretary of Defense considers appropriate.
SEC. 544. PILOT PROGRAM ON FINANCIAL ASSIST- FAMILIES. (c) COVERED ARMED FORCE DEFINED.—In this
ANCE FOR VICTIMS OF DOMESTIC VI- (a) ENHANCEMENT OF ACTIVITIES FOR AWARE- section, the term ‘‘covered Armed Force’’ means
OLENCE. NESS OF MILITARY FAMILIES REGARDING FAMILY
the following:
(a) IN GENERAL.—Beginning not later than (1) The Army.
ADVOCACY PROGRAMS AND OTHER SIMILAR (2) The Navy.
one year after the date of the enactment of this SERVICES.—
Act, the Secretary of Defense shall carry out a (3) The Marine Corps.
(1) PILOT PROGRAM ON INFORMATION ON FAPS (4) The Air Force.
pilot program under which the Secretary makes FOR FAMILIES.—The Secretary of Defense shall (5) The Space Force.
grants, on a discretionary basis, to qualified vic- carry out a pilot program to assess the feasi-
tims of domestic violence to assist such victims Subtitle F—Member Education
bility and advisability of various mechanisms to
in seeking refuge from an abuser. inform families about the Family Advocacy Pro- SEC. 551. INCREASE IN MAXIMUM NUMBER OF
(b) DISBURSEMENT.—A grant under subsection STUDENTS ENROLLED AT UNI-
grams and resiliency training of the covered FORMED SERVICES UNIVERSITY OF
(a) may be disbursed— Armed Forces during command orientation and THE HEALTH SCIENCES.
(1) as a single, lump sum payment; or during enrollment in the Defense Enrollment
(2) in multiple payments at such times and in Section 2114(f)(2) of title 10, United States
Eligibility Reporting System. The matters as- Code, is amended by striking ‘‘40’’ and inserting
such amounts as the Secretary determines ap- sessed by the pilot program shall include the fol-
propriate. ‘‘60’’.
lowing: SEC. 552. AUTHORIZATION OF CERTAIN SUPPORT
(c) MAXIMUM AMOUNT.—A qualified victim of
(A) An option for training of family members FOR MILITARY SERVICE ACADEMY
domestic violence may receive not more than a
on the Family Advocacy Programs. FOUNDATIONS.
total of $7,500 in grants under subsection (a)
(B) The provision to families of information (a) IN GENERAL.—Subchapter I of chapter 134
during the victim’s lifetime.
on the resources available through the Family of title 10, United States Code, is amended by in-
(d) REPORT.—Not later than one year prior to
Advocacy Programs. serting after section 2245 the end the following
the termination date specified in subsection (e),
(C) The availability through the Family Advo- new section:
the Secretary of Defense shall submit to the
cacy Programs of both restricting and unre- ‘‘§ 2246. Authorization of certain support for
Committees on Armed Services of the Senate and
stricted reporting on incidents of domestic military service academy foundations
the House of Representatives a report that—
(1) evaluates the effectiveness of the pilot pro- abuse.
(D) The provision to families of information ‘‘(a) AUTHORITY.—Subject to subsection (b),
gram under this section; and the Secretary of the military department con-
(2) indicates whether the pilot program should on the Military OneSource program of the De-
partment of Defense. cerned may provide the following support to a
be continued or expanded. covered foundation:
(e) TERMINATION.—The authority to carry out (E) The provision to families of information on
resources relating to domestic abuse and child ‘‘(1) The use, on an unreimbursed basis, of fa-
the pilot program under this section shall termi- cilities or equipment of the United States by the
nate six years after the date of the enactment of abuse and neglect that are available through
local community service organizations. covered foundation, authorized by any—
this Act. ‘‘(A) general or flag officer;
(f) REGULATIONS.—The Secretary of Defense (F) The availability of the Military and Fam-
‘‘(B) Senior Executive Service employee as-
shall prescribe regulations implementing this ily Life Counseling Program.
signed to the Service Academy supported by that
section. (2) OUTREACH ON FAP AND SIMILAR SERVICES
covered foundation; or
(g) DEFINITIONS.—In this section: FOR MILITARY FAMILIES.—Each Secretary of a
‘‘(C) official designated by the Secretary con-
(1) The term ‘‘domestic violence’’ means an act military department shall improve the informa- cerned.
described in section 928b of title 10, United tion available to military families under the ju- ‘‘(2) Endorsement by an individual described
States Code (article 128b of the Uniform Code of risdiction of such Secretary that are the victim in paragraph (1) of—
Military Justice). of domestic abuse or child abuse and neglect in ‘‘(A) the covered foundation;
(2) The term ‘‘qualified victim of domestic vio- order to provide such families with comprehen- ‘‘(B) an event of the covered foundation; or
lence’’ means an individual who meets the fol- sive information on the services available to ‘‘(C) an activity of the covered foundation.
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lowing criteria: such families in connection with such violence ‘‘(b) LIMITATIONS.—Support under subsection
(A) The individual is a member of an Armed and abuse and neglect. The information so pro- (a) may be provided only if such support—
Force or a spouse, intimate partner, or imme- vided shall include a complete guide to the fol- ‘‘(1) is without any liability of the United
diate family member of a member of an Armed lowing: States to the covered foundation;
Force. (A) The Family Advocacy Program of the cov- ‘‘(2) does not affect the ability of any official
(B) The individual reported an incident of do- ered Armed Force or military department con- or employee of the military department con-
mestic violence to an organization or element of cerned. cerned, or any member of the armed forces, to
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H6062 CONGRESSIONAL RECORD — HOUSE July 13, 2022
carry out any responsibility or duty in a fair (2) Subsection (b) is amended by adding at the States military while simultaneously offering in-
and objective manner; end the following new paragraph: novative learning environments that, combined,
‘‘(3) does not compromise the integrity or ap- ‘‘(4) A midshipman who violates paragraph (5) offers an ideal testing ground to evaluate the
pearance of integrity of any program of the mili- of subsection (a) by obtaining employment as a potential benefits of expanding enlisted higher
tary department concerned, or any individual professional athlete is not eligible for the alter- education across the Joint Force.
involved in such a program; and native obligation under paragraph (1).’’. (b) IN GENERAL.—Subsection (a)(2)(D)(iii) of
‘‘(4) does not include the participation of any (3) Subsection (c) is amended— section 8545 of title 10, United States Code, is
cadet or midshipman, other than participation (A) by redesignating paragraphs (2) and (3) as amended by striking ‘‘only on a space-available
in an honor guard at an event of the covered paragraphs (3) and (4), respectively; and basis’’ and inserting ‘‘at a rate of acceptance
foundation. (B) by inserting, after paragraph (1), the fol- not to be conditioned by the number of officer
‘‘(c) BRIEFING.—In any fiscal year during lowing new paragraph (2): applications’’.
which support is provided under subsection (a), ‘‘(2) that a midshipman who obtains employ- (c) BRIEFING.—Six years after the date of the
the Secretary of the military department con- ment as a professional athlete before completing enactment of this Act, the Secretary of Defense
cerned shall provide a briefing not later than the midshipman’s commissioned service obliga- shall brief the Committees on Armed Services of
the last day of that fiscal year to the congres- tion has breached an agreement under such sub- the Senate and House of Representatives on the
sional defense committees regarding the number section;’’. effects of increasing enrollment of enlisted mem-
of events or activities of a covered foundation in (4) Subsection (d) is amended— bers at the Naval Postgraduate School pursuant
which an individual described in subsection (A) by striking ‘‘with respect to an officer who to the amendment made by subsection (a). Such
(a)(1) participated during such fiscal year. is a graduate of the Academy’’ and inserting briefing shall include the following elements:
‘‘(d) DEFINITIONS.—In this section: ‘‘with respect to a midshipman’’; and (1) Any increase to the lethality of the Armed
‘‘(1) The term ‘covered foundation’ means a (B) by striking ‘‘officer’s’’ and inserting ‘‘mid- Forces.
charitable, educational, or civic nonprofit orga- shipman’s’’. (2) Effects on rates of recruitment, promotion
nization under section 501(c)(3) of the Internal (5) Subsection (f) is amended by striking ‘‘the (including compensation to members), and re-
Revenue Code of 1986, that the Secretary con- terms’’ and inserting ‘‘each term’’. tention.
cerned determines operates exclusively to sup- (c) UNITED STATES AIR FORCE ACADEMY.— (3) Effects on malign behavior by members of
port, with respect to a Service Academy, any of Section 9448 of title 10, United States Code, is the Armed Forces.
the following: amended as follows: SEC. 555. AUTHORITY TO WAIVE TUITION AT
‘‘(A) Recruiting. (1) Paragraph (5) of subsection (a) is amended UNITED STATES AIR FORCE INSTI-
‘‘(B) Parent or alumni development. to read as follows: TUTE OF TECHNOLOGY FOR CER-
‘‘(C) Academic, leadership, or character devel- ‘‘(5) The cadet may not obtain employment, TAIN PRIVATE SECTOR CIVILIANS.
opment. including as a professional athlete, until after Section 9414a(e)(1) of title 10, United States
‘‘(D) Institutional development. completing the cadet’s commissioned service ob- Code, is amended—
‘‘(E) Athletics. ligation.’’. (1) in by striking ‘‘The United’’ and inserting
‘‘(2) The term ‘Service Academy’ has the (2) Subsection (b) is amended by adding at the ‘‘Subject to paragraph (3), the United’’; and
meaning given such term in section 347 of this end the following new paragraph: (2) by adding at the end the following:
title.’’. ‘‘(4) A cadet who violates paragraph (5) of ‘‘(3) The Director and Chancellor of the
(b) CLERICAL AMENDMENT.—The table of sec- subsection (a) by obtaining employment as a United States Air Force Institute of Technology
tions at the beginning of such subchapter is professional athlete is not eligible for the alter- may waive tuition for a student, enrolled under
amended by inserting after the item relating to native obligation under paragraph (1).’’. this section, who attends a course for profes-
item 2245 the following new item: (3) Subsection (c) is amended— sional continuing education.’’.
‘‘2246. Authorization of certain support for mili- (A) by redesignating paragraphs (2) and (3) as SEC. 556. TERMS OF PROVOST AND ACADEMIC
tary service academy founda- paragraphs (3) and (4), respectively; and DEAN OF THE UNITED STATES AIR
tions.’’. (B) by inserting, after paragraph (1), the fol- FORCE INSTITUTE OF TECHNOLOGY.
lowing new paragraph (2): (a) IN GENERAL.—Paragraph (2) of subsection
SEC. 553. AGREEMENT BY A CADET OR MID-
SHIPMAN TO PLAY PROFESSIONAL ‘‘(2) that a cadet who obtains employment as (b) of section 9414b of title 10, United States
SPORT CONSTITUTES A BREACH OF a professional athlete before completing the ca- Code, is amended to read as follows: ‘‘An indi-
SERVICE OBLIGATION. det’s commissioned service obligation has vidual selected for the position of Provost and
(a) UNITED STATES MILITARY ACADEMY.—Sec- breached an agreement under such subsection;’’. Chief Academic Officer shall serve in that posi-
tion 7448 of title 10, United States Code, is (4) Subsection (d) is amended— tion for a term of not more than five years and
amended as follows: (A) by striking ‘‘with respect to an officer who may be continued in that position for an addi-
(1) Paragraph (5) of subsection (a) is amended is a graduate of the Academy’’ and inserting tional term of up to five years’’.
to read as follows: ‘‘with respect to a cadet’’; and (b) CONFORMING AMENDMENT.—Paragraph (1)
‘‘(5) The cadet may not obtain employment, (B) by striking ‘‘officer’s’’ and inserting ‘‘ca- of such subsection is amended by striking ‘‘ap-
including as a professional athlete, until after det’s’’. pointed’’ and inserting ‘‘selected’’.
completing the cadet’s commissioned service ob- (5) Subsection (f) is amended by striking ‘‘the SEC. 557. ESTABLISHMENT OF CONSORTIUM FOR
ligation.’’. terms’’ and inserting ‘‘each term’’. CURRICULA IN MILITARY EDU-
(2) Subsection (b) is amended by adding at the SEC. 554. NAVAL POSTGRADUATE SCHOOL: AT- CATION.
end the following new paragraph: TENDANCE BY ENLISTED MEMBERS. (a) ESTABLISHMENT.—Not later than one year
‘‘(4) A cadet who violates paragraph (5) of (a) SENSE OF CONGRESS.—It is the sense of after the date of the enactment of this Act, the
subsection (a) by obtaining employment as a Congress that: Secretary of Defense, in coordination with the
professional athlete is not eligible for the alter- (1) The demands of the future operating envi- Chairman of the Joint Chiefs of Staff, and in co-
native obligation under paragraph (1).’’. ronment need to be met by the most professional, ordination with the Under Secretary of Defense
(3) Subsection (c) is amended— intelligent, innovative, and capable for Personnel and Readiness, shall establish a
(A) by redesignating paragraphs (2) and (3) as servicemembers our nation has ever produced. consortium of the institutions of military edu-
paragraphs (3) and (4), respectively; and (2) Though officers comprise roughly 18% of cation and covered entities.
(B) by inserting, after paragraph (1), the fol- the armed forces, they receive significantly (b) ACTIVITIES.—The duties of the consortium
lowing new paragraph (2): higher investments into their education up to shall be to conduct research and develop com-
‘‘(2) that a cadet who obtains employment as the PhD level than that of their enlisted coun- mon, research-based curricula for the institu-
a professional athlete before completing the ca- terparts. tions of military education in order to improve
det’s commissioned service obligation has (3) Investing in enlisted advanced education military education for students of the consor-
breached an agreement under such subsection;’’. will strengthen the lethality of the armed forces tium members.
(4) Subsection (d) is amended— by producing higher quantities of noncommis- (c) CURRICULA.—
(A) by striking ‘‘with respect to an officer who sioned officers able to operate through the intel- (1) IN GENERAL.—Curricula developed by the
is a graduate of the Academy’’ and inserting lectual demands of complex contingencies, pro- consortium shall—
‘‘with respect to a cadet’’; and ducing military leaders at rates higher than is (A) be more responsive to new opportunities
(B) by striking ‘‘officer’s’’ and inserting ‘‘ca- otherwise feasible with the pool of eligible offi- and challenges in an era of great power com-
det’s’’. cers. petition, and in which security requires knowl-
(5) Subsection (f) is amended by striking ‘‘the (4) Conducting research and analysis on the edge of economics, new technologies, supply
terms’’ and inserting ‘‘each term’’. impact of advanced education on enlisted chains, and adversarial governments;
(b) UNITED STATES NAVAL ACADEMY.—Section servicemembers performance, promotion rate, (B) creatively apply military power to inform
8459 of title 10, United States Code, is amended misconduct, and retention is critical to propel- national strategy, conduct globally integrated
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as follows: ling the Department of Defense’s initiatives for operations, and fight under conditions of dis-
(1) Paragraph (5) of subsection (a) is amended a modern, state-of-the art approach to edu- ruptive change; and
to read as follows: cation and research to create and sustain an in- (C) include non-military topics, such as diplo-
‘‘(5) The midshipman may not obtain employ- tellectual overmatch in today’s warfighting do- macy, economics, information, intelligence, and
ment, including as a professional athlete, until mains. culture.
after completing the midshipman’s commissioned (5) The Naval Postgraduate School serves as a (2) APPLIED DESIGN FOR INNOVATION OF THE
service obligation.’’. converging point for all branches of the United DEFENSE ANALYSIS DEPARTMENT AT THE NAVAL
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6063
POSTGRADUATE SCHOOL.—The Secretary may (A) education of cyber mission forces; (B) The United States Naval Academy.
make permanent the curriculum of the Applied (B) lessons learned; (C) The United States Air Force Academy.
Design for Innovation of the Defense Analysis (C) the intersection of cybersecurity across all (6) The term ‘‘professional military education
Department at the Naval Postgraduate School warfighting domains; and schools’’ means the schools specified in section
and use such curriculum as a model to be rep- (D) other matters of cybersecurity related to 2162 of title 10, United States Code.
licated at other institutions of military edu- national security. SEC. 559. COMMISSION ON PROFESSIONAL MILI-
cation. (2) To develop a cybersecurity research agen- TARY EDUCATION.
(d) DIRECTOR.—The Director of the consor- da to— (a) ESTABLISHMENT.—There is established a
tium shall be the President of National Defense (A) identify gaps in cybersecurity of the De- commission to examine the purpose, implementa-
University. partment of Defense; and tion, outcomes, and relevance of professional
(e) MEETINGS.—The consortium shall meet at (B) study offensive threats, defensive threats, military education programs operated by the De-
the call of the Director, in accordance with the and active deterrence in the cyber domain. partment of Defense. The commission shall be
following: (3) To provide the Secretary, the consortium known as the ‘‘Commission on Professional
(1) The consortium and the Chiefs of the members, and other entities determined appro- Military Education’’ (referred to in this section
Armed Forces shall meet not less than once an- priate by the Secretary, access to the expertise as the ‘‘Commission’’).
nually to establish or revise curricula. of the members of the consortium on matters re- (b) MEMBERSHIP.—
(2) The consortium shall meet not less than lating to cybersecurity. (1) COMPOSITION.—The Commission shall be
twice annually to establish a plan of action and (4) To align the efforts of the members of the composed of the following members:
milestones to prepare curricula. consortium to support cybersecurity of the De- (A) Two members appointed by the Chairman
(f) REPORTS.— partment of Defense. of the Committee on Armed Services of the Sen-
(1) INTERIM REPORT.—Not later than 180 days (c) DIRECTOR.—The Director of the consortium ate, one of whom shall be a Senator and one
after the date of the enactment of this Act, the shall be the President of National Defense Uni- who may not be a Senator.
Secretary shall submit to the Committees on versity. The Director shall consult and coordi- (B) Two members appointed by the Ranking
Armed Services of the Senate and House of Rep- nate with representatives of the institutions of Minority Member of the Committee on Armed
resentative an interim report on the organiza- military education and covered entities. Services of the Senate, one of whom shall be a
tion, activities, funding, actions and milestones (d) MEETINGS.—The consortium shall meet at Senator and one who may not be a Senator.
of the consortium. the call of the Director, including— (C) Two members appointed by the Chair of
(2) ANNUAL REPORT.—Not later than Sep- (1) not less than once annually with the the Committee on Armed Services of the House
tember 30 of each year, beginning in 2024 and Chiefs of the Armed Forces; and of Representatives, one of whom shall be a
ending in 2028, the Secretary shall submit to the (2) not less than once annually to conduct Member of the House of Representatives and one
Committees on Armed Services of the Senate and cyber space war games wherein members of the who may not be a Member of the House of Rep-
House of Representative a report describing the consortium compete. resentatives.
activities, funding, curricula created, and re- (e) COORDINATION WITH OTHER ENTITIES.— (D) Two members appointed by the Ranking
search conducted by the consortium during the The Consortium shall, to the maximum extent Minority Member of the Committee on Armed
preceding year. practicable, coordinate on matters of mutual in- Services of the House of Representatives, one of
(g) TERMINATION.—The consortium shall ter- terest and align its efforts with the consortium whom shall be a Member of the House of Rep-
minate on September 30, 2028. established under section 1659 of the National resentatives and one who may not be a Member
(h) DEFINITIONS.—In this section: of the House of Representatives.
Defense Authorization Act for Fiscal Year 2020
(1) The term ‘‘institutions of military edu- (2) CHAIR.—The Commission shall have one
(Public Law 116–92; 10 U.S.C. 391 note).
cation’’ means— Chair, selected by the members of the Commis-
(A) the professional military education (f) REPORTS.—
(1) INTERIM REPORT.—Not later than 180 days sion.
schools; (c) APPOINTMENT; INITIAL MEETING.—
(B) the senior level service schools; after the date of the enactment of this Act, the
(1) APPOINTMENT.—Members of the Commis-
(C) the intermediate level service schools; Secretary shall submit to the Committees on
sion shall be appointed not later than 60 days
(D) the joint intermediate level service school; Armed Services of the Senate and House of Rep-
after the date of the enactment of this Act.
(E) the Naval Postgraduate School; and resentative an interim report on the organiza- (2) INITIAL MEETING; NOTICE.—The Commis-
(F) the military service academies. tion, activities, funding, actions and milestones sion shall hold its initial meeting on or before
(2) The term ‘‘covered entity’’ means— of the consortium.
(A) an institution of higher education that the the date that is 90 days after the date of the en-
(2) ANNUAL REPORT.—Not later than Sep- actment of this Act. In lieu of publication in the
Secretary determines has an established pro- tember 30 of each year, beginning in 2024 and
gram of education regarding national security Federal Register, the Commission shall post a
ending in 2028, the Secretary shall submit to the notice of such meeting on a publicly accessible
or technology relevant to the Department of De- Committees on Armed Services of the Senate and
fense; or website of the Commission at least 15 days be-
House of Representative a report describing the fore such meeting.
(B) an entity that the Secretary determines activities, funding, research conducted by the
conducts research in policy relevant to the De- (d) MEETINGS; NOTICE; QUORUM; VACANCIES.—
consortium, and other matters determined by the (1) IN GENERAL; NOTICE.—After its initial meet-
partment of Defense. Secretary, during the preceding year.
(3) The term ‘‘institution of higher education’’ ing, the Commission shall meet—
(g) TERMINATION.—The consortium shall ter- (A) upon the call of the Chair of the Commis-
has the meaning given that term in section 101 minate on September 30, 2028. sion; and
of the Higher Education Act of 1965 (Public Law (h) DEFINITIONS.—In this section: (B) not fewer than 15 days after posting a no-
89–329; 20 U.S.C. 1001). (1) The term ‘‘institutions of military edu- tice of such meeting on a publicly accessible
(4) The terms ‘‘intermediate level service cation’’ means— website of the Commission, in lieu of publication
school’’, ‘‘joint intermediate level service (A) the professional military education in the Federal Register.
school’’, and ‘‘senior level service school’’ have schools; (2) QUORUM.—Five members of the Commis-
the meaning given such terms in section 2151 of (B) the senior level service schools; sion shall constitute a quorum for purposes of
title 10, United States Code. (C) the intermediate level service schools; conducting business, except that two members of
(5) The term ‘‘military service academy’’ (D) the joint intermediate level service school; the Commission shall constitute a quorum for
means the following: (E) the Naval Postgraduate School; and
(A) The United States Military Academy. purposes of receiving testimony.
(F) the military service academies. (3) VACANCIES.—Members shall be appointed
(B) The United States Naval Academy.
(2) The term ‘‘covered entity’’ means— for the life of the Commission. Any vacancy in
(C) The United States Air Force Academy.
(6) The term ‘‘professional military education (A) an institution of higher education that the the Commission shall not affect its powers, but
schools’’ means the schools specified in section Secretary determines has an established pro- shall be filled in the same manner as the origi-
2162 of title 10, United States Code. gram of education regarding cybersecurity or nal appointment.
SEC. 558. ESTABLISHMENT OF CONSORTIUM OF
technology relevant to the Department of De- (4) QUORUM WITH VACANCIES.—If vacancies in
INSTITUTIONS OF MILITARY EDU- fense; or the Commission occur on any day after 60 days
CATION FOR CYBERSECURITY MAT- (B) an entity that the Secretary determines after the date of the enactment of this Act, a
TERS. conducts research in cybersecurity relevant to quorum shall consist of a majority of the mem-
(a) ESTABLISHMENT.—Not later than one year the Department of Defense. bers of the Commission as of such day.
after the date of the enactment of this Act, the (3) The term ‘‘institution of higher education’’ (e) ACTIONS OF COMMISSION.—
Secretary of Defense, in coordination with the has the meaning given that term in section 101 (1) IN GENERAL.—The Commission shall act by
Chairman of the Joint Chiefs of Staff and the of the Higher Education Act of 1965 (Public Law resolution agreed to by a majority of the mem-
Under Secretary of Defense for Personnel and 89–329; 20 U.S.C. 1001). bers of the Commission voting and present.
Readiness, shall establish a consortium of the (4) The terms ‘‘intermediate level service (2) SUBCOMMITTEES.—The Commission may es-
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institutions of military education and covered school’’, ‘‘joint intermediate level service tablish subcommittees composed of less than the
entities. school’’, and ‘‘senior level service school’’ have full membership of the Commission for purposes
(b) FUNCTIONS.—The functions of the consor- the meaning given such terms in section 2151 of of carrying out the duties of the Commission
tium include the following: title 10, United States Code. under this section. The actions of any such sub-
(1) To provide a forum for members of the con- (5) The term ‘‘military service academy’’ committee shall be subject to the review and
sortium to share information regarding matters means the following: control of the Commission. Any findings and de-
of education on cybersecurity, including— (A) The United States Military Academy. terminations made by such a subcommittee shall
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H6064 CONGRESSIONAL RECORD — HOUSE July 13, 2022
not be considered the findings and determina- vided in advance in appropriation Acts, enter formance of services for the Commission, mem-
tions of the Commission unless approved by the into contracts to enable the Commission to dis- bers of the Commission may be allowed travel
Commission. charge its duties under this section. expenses, including per diem in lieu of subsist-
(3) DELEGATION.—Any member, agent, or staff (3) INFORMATION FROM FEDERAL AGENCIES.— ence, in the same manner as persons employed
of the Commission may, if authorized by the (A) IN GENERAL.—The Commission may secure intermittently in the Government service are al-
Chair of the Commission, take any action which directly from any executive department, agency, lowed expenses under section 5703 of title 5,
the Commission is authorized to take pursuant bureau, board, commission, office, independent United States Code.
to this section. establishment, or instrumentality of the Govern- (j) FINAL REPORT; TERMINATION.—
(f) DUTIES.—The duties of the Commission are ment information, suggestions, estimates, and (1) FINAL REPORT.—Not later than 18 months
as follows: statistics for the purposes of this section. after the date of the enactment of this Act, the
(1) To— (B) COMPLIANCE.—Except for the intelligence Commission shall submit to the congressional
(A) review the purpose and desired outcomes, community (as such term is defined in section 3 defense committees and the Secretary of Defense
as indicated in Department of Defense Instruc- of the National Security Act of 1947 (Chapter an unclassified report (that may include a clas-
tion 1322.35, of professional military education 343; 61 Stat. 496; 50 U.S.C. 3003)), each such de- sified annex) containing the findings and rec-
in support of the National Defense Strategy; partment, agency, bureau, board, commission, ommendations of the Commission.
and office, establishment, or instrumentality shall, (2) TERMINATION.—
(B) evaluate whether the Armed Forces are to the extent authorized by law, furnish such (A) IN GENERAL.—The Commission, and all the
achieving such purpose and outcomes. information, suggestions, estimates, and statis- authorities of this section, shall terminate at the
(2) To review and evaluate the means by tics directly to the Commission, upon request of end of the 120-day period beginning on the date
which faculty assigned to teach professional on which the final report under paragraph (1) is
the Chair of the Commission.
military education are selected, managed, pro- (C) CLASSIFIED INFORMATION.—The Commis- submitted to the congressional defense commit-
moted, evaluated, and afforded academic free- sion shall handle and protect all classified in- tees.
dom, including— (B) WINDING DOWN.—The Commission may use
formation provided to it under this section in
(A) members serving on active duty; the 120-day period referred to in subparagraph
accordance with applicable statutes and regula-
(B) civilian instructors who are military retir- (A) for the purposes of concluding its activities,
tions.
ees; and including providing testimony to Congress con-
(4) ASSISTANCE FROM DEPARTMENT OF DE-
(C) civilian instructors who are not military cerning the final report referred to in that sub-
FENSE.—The Secretary of Defense shall provide
retirees. paragraph and disseminating the report.
to the Commission, on a nonreimbursable basis,
(3) To— such administrative services, funds, staff, facili- Subtitle G—Member Training and Transition
(A) review how members are selected for resi- SEC. 561. INFORMATION REGARDING APPREN-
ties, and other support services as are necessary
dential and non-residential professional military TICESHIPS FOR MEMBERS DURING
for the performance of the Commission’s duties
education; INITIAL ENTRY TRAINING.
under this section.
(B) evaluate whether students are adequately (a) REQUIREMENT.—Chapter 31 of title 10,
(5) POSTAL SERVICES.—The Commission may
prepared for professional military education United States Code, is amended by inserting
use the United States postal services in the same
programs; and after section 510 the following new section:
manner and under the same conditions as the
(C) whether additional entrance requirements, ‘‘§ 510a. Provision of information regarding
departments and agencies of the United States.
such as a writing assessment and academic pre- apprenticeships during initial entry train-
(6) GIFTS.—No member or staff of the Commis-
requisites, should be established. ing
sion may receive a gift or benefit by reason of
(4) To— ‘‘(a) IN GENERAL.—The Secretary concerned
(A) review and assess how the performance of the service of such member or staff to the Com-
mission. shall provide to a member, during initial entry
professional military education students is eval-
(h) STAFF OF COMMISSION.— training, information regarding registered ap-
uated during the academic year; prenticeship programs related to the military oc-
(1) DIRECTOR.—The Chair of the Commission,
(B) how such performance is reflected in the
in accordance with rules agreed upon by the cupational specialty or career field of such mem-
service records of such students; and
Commission, shall appoint and fix the com- ber.
(C) consider whether students assigned to resi- ‘‘(b) REGISTERED APPRENTICESHIP PROGRAM
dential professional military education at the pensation of a staff director and such other per-
sonnel as may be necessary to enable the Com- DEFINED.—In this section, the term ‘registered
war colleges should be objectively evaluated by apprenticeship program’ means an apprentice-
the faculty for potential at more senior ranks. mission to carry out its duties, without regard to
the provisions of title 5, United States Code, ship program registered under the Act of August
(5) To review and evaluate whether and how 16, 1937 (commonly known as the ‘National Ap-
professional military education prepares grad- governing appointments in the competitive serv-
ice, and without regard to the provisions of prenticeship Act’; 50 Stat. 664, chapter 663; 29
uates for senior-level operational and strategic U.S.C. 50 et seq.).’’.
assignments. chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General (b) CLERICAL AMENDMENT.—The table of sec-
(6) To review and evaluate whether and how tions at the beginning of such chapter is amend-
the Armed Forces consider and fully leverage Schedule pay rates, except that no rate of pay
fixed under this subsection may exceed the ed by inserting, after the item relating to section
professional military education in subsequent 510, the following new item:
assignments. equivalent of that payable to a person occu-
pying a position at level V of the Executive ‘‘510a. Provision of information regarding ap-
(7) To consider whether professional military
Schedule under section 5316 of such title. prenticeships during initial entry
education tracks focused on China, Russia, or
(2) DETAILEES.—Any Federal Government em- training.’’.
other key adversaries or topics of importance to
ployee may be detailed to the Commission with- SEC. 562. EXTREMIST ACTIVITY BY A MEMBER OF
the National Defense Strategy would provide THE ARMED FORCES: NOTATION IN
value for the Armed Forces. out reimbursement from the Commission, and
SERVICE RECORD; TAP COUNSELING.
(8) With respect to professional military edu- such detailee shall retain the rights, status, and
privileges of his or her regular employment (a) TAP COUNSELING.—Subsection (b) of sec-
cation curriculum, to review and evaluate— tion 1142 of title 10, United States Code, is
(A) relevance to the National Defense Strategy without interruption.
(3) CONSULTANT SERVICES.—The Commission amended by adding at the end the following
and current and future defense needs, including new paragraph (20):
topics covered and modalities of instruction, may procure the services of experts and consult-
‘‘(20) In the case of a member who has vio-
such as interactive seminars, wargaming, and ants in accordance with section 3109 of title 5,
lated Department of Defense Instruction 1325.06
other simulations; and United States Code, but at rates not to exceed
(or successor document), relating to extremist
(B) the process for developing and modifying the daily rate paid a person occupying a posi-
activity, in-person counseling, developed by the
the curriculum. tion at level IV of the Executive Schedule under Secretary of Defense in consultation with the
(9) To evaluate whether the Armed Forces section 5315 of such title. Secretary of Homeland Security, that includes—
have established a system of accountability to (i) COMPENSATION AND TRAVEL EXPENSES.— ‘‘(A) information regarding why extremist ac-
ensure that professional military education (1) COMPENSATION.— tivity is inconsistent with service in the armed
meets the defense needs of the United States at (A) IN GENERAL.—Except as provided in para- forces and with national security;
a reasonable cost. graph (2), each member of the Commission may ‘‘(B) information regarding the dangers asso-
(10) To review and evaluate the appropriate- be compensated at not to exceed the daily equiv- ciated with involvement with an extremist
ness of the service commitments imposed by the alent of the annual rate of basic pay in effect group; and
Armed Forces for members selected for profes- for a position at level IV of the Executive Sched- ‘‘(C) methods for the member to recognize and
sional military education. ule under section 5315 of title 5, United States avoid information that may promote extremist
(g) POWERS OF COMMISSION.— Code, for each day during which that member is activity.’’.
(1) IN GENERAL.—The Commission or, on the engaged in the actual performance of the duties (b) SERVICE RECORD.—In the case of a member
authorization of the Commission, any sub- of the Commission under this section. described in paragraph (20) of such subsection,
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committee or member thereof, may, for the pur- (B) FEDERAL OFFICERS OR EMPLOYEES.—Mem- as added by subsection (a) of this section, the
pose of carrying out the provisions of this sec- bers of the Commission who are officers or em- Secretary concerned shall ensure that the com-
tion hold such hearings and sit and act at such ployees of the United States or Members of Con- manding officer of such member notes such vio-
times and places, take such testimony, receive gress shall receive no additional pay by reason lation in the service record of such member.
such evidence, and administer such oaths. of their service on the Commission. (c) IMPLEMENTATION DATE.—The Secretary of
(2) CONTRACTING.—The Commission may, to (2) TRAVEL EXPENSES.—While away from their Defense shall complete development of coun-
such extent and in such amounts as are pro- homes or regular places of business in the per- seling under such paragraph not later than the
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6065
day that is one year after the date of the enact- (2) Preparation for civilian employment (l) DEFINITIONS.—In this section:
ment of this Act. The Secretary concerned shall through services like mock interviews and salary (1) The term ‘‘covered individual’’ means—
ensure that such counseling is carried out on negotiations, training on professional net- (A) a member of the Armed Forces partici-
and after such day. working platforms, and company research. pating in TAP; or
SEC. 563. CODIFICATION OF SKILLBRIDGE PRO- (3) Several industry-specific learning path- (B) a spouse of a member described in sub-
GRAM. ways— paragraph (A).
(a) IN GENERAL.—Section 1143(e) of title 10, (A) with entry-level, mid-level and senior (2) The term ‘‘military installation’’ has the
United States Code, is amended— versions; meaning given such term in section 2801 of title
(1) in the heading, by adding ‘‘; SKILLBRIDGE’’ (B) in fields such as project management, cy- 10, United States Code.
after ‘‘TRAINING’’ ; and bersecurity, and information technology; (3) The term ‘‘TAP’’ means the transition as-
(2) in paragraph (1), by adding at the end (C) in which each covered individual works sistance program of the Department of Defense
‘‘Such a program shall be known as with an academic advisor to choose a career under sections 1142 and 1144 of title 10, United
‘Skillbridge’.’’. pathway and navigate coursework during the States Code.
(b) REGULATIONS.—To carry out Skillbridge, training process; and SEC. 566. FEMALE MEMBERS OF CERTAIN ARMED
the Secretary of Defense shall, not later than (D) in which each covered individual can earn FORCES AND CIVILIAN EMPLOYEES
September 30, 2023— industry-recognized credentials and certifi- OF THE DEPARTMENT OF DEFENSE
(1) update Department of Defense Instruction cations, at no charge to the covered individual. IN STEM.
1322.29, titled ‘‘Job Training, Employment Skills (4) Job placement services. (a) STUDY ON MEMBERS AND CIVILIANS.—Not
Training, Apprenticeships, and Internships (c) PROGRAM ORGANIZATION AND IMPLEMENTA- later than September 30, 2023, the Secretary of
(JTEST-AI) for Eligible Service Members’’; and TION MODEL.—The pilot grant program shall Defense shall submit to the Committees on
(2) develop a funding plan for Skillbridge that follow existing economic opportunity program Armed Services of the Senate and House of Rep-
includes funding lines across the future-years models that combine industry-recognized certifi- resentatives a report containing the results of a
defense program under section 221 of title 10, cation training, furnished by professionals, with study on how to increase participation of cov-
United States Code. online learning staff. ered individuals in positions in the covered
SEC. 564. TRAINING ON DIGITAL CITIZENSHIP (d) CONSULTATION.—In carrying out the pro- Armed Forces or Department of Defense and re-
AND MEDIA LITERACY IN ANNUAL gram, the Secretary of Defense shall seek to con- lated to STEM.
CYBER AWARENESS TRAINING FOR sult with private entities to assess the best eco-
CERTAIN MEMBERS.
(b) STUDY ON SKILLBRIDGE.—Not later than
nomic opportunity program models, including September 30, 2023, the Secretary shall submit to
(a) IN GENERAL.—The annual cyber aware- existing economic opportunity models furnished such Committees a report containing the results
ness training provided to members of the covered through public-private partnerships. of a study on how to change Skillbridge to help
Armed Forces shall include a digital literacy (e) ELIGIBILITY.—To be eligible to receive a covered individuals, eligible for Skillbridge, find
module regarding digital citizenship, media lit- grant under the pilot grant program, an entity
civilian employment in positions related to
eracy, and protection against cyber threats shall—
STEM.
(such as influenced or digitally altered informa- (1) follow a job training and placement model;
(2) have rigorous program evaluation prac- (c) DEFINITIONS.—In this section:
tion).
(b) DEFINITIONS.—In this section: (1) The term ‘‘covered Armed Force’’ means an
tices;
(1) The term ‘‘covered Armed Force’’ means (3) have established partnerships with entities Armed Force under the jurisdiction of the Sec-
the following: (such as employers, governmental agencies, and retary of a military department.
(A) The Army. non-profit entities) to provide services described (2) The term ‘‘covered individual’’ means a fe-
(B) The Navy. in subsection (b); male—
(C) The Marine Corps. (4) have online training capability to reach (A) member of a covered Armed Force; or
(D) The Air Force. rural veterans, reduce costs, and comply with (B) civilian employee of the Department of
(E) The Space Force. new conditions forced by COVID-19; and Defense.
(2) The term ‘‘digital citizenship’’ means the (5) have a well-developed practice of program (3) The term ‘‘Skillbridge’’ means an employ-
ability to safely, responsibly, and ethically use measurement and evaluation that evinces pro- ment skills training program under section
communication technologies and digital infor- gram performance and efficiency, with data 1143(e) of title 10, United States Code, as amend-
mation technology tools and platforms; create that is high quality and shareable with partner ed by section 563 of this Act.
and share media content using principles of so- entities. (4) The term ‘‘STEM’’ means science, tech-
cial and civic responsibility and with awareness (f) COORDINATION WITH FEDERAL ENTITIES.— nology, engineering, and mathematics.
of the legal and ethical issues involved; and A grantee shall coordinate with Federal entities, SEC. 567. SKILLBRIDGE: APPRENTICESHIP PRO-
participate in the political, economic, social, including— GRAMS.
and cultural aspects of life related to tech- (1) the Office of Transition and Economic De- (a) STUDY.—Not later than September 30, 2023,
nology, communications, and the digital world velopment of the Department of Veterans Af- the Secretary of Defense, in consultation with
by consuming and creating digital content, in- fairs; and the Secretary of the Department in which the
cluding media. (2) the Office of Veteran Employment and Coast Guard is operating, shall conduct a study
(3) The term ‘‘media literacy’’ means the abil- Transition Services of the Department of Labor. to identify the private entities participating in
ity to access relevant and accurate information (g) METRICS AND EVALUATION.—Performance Skillbridge that offer positions in registered ap-
through media in a variety of forms; critically outcomes shall be verifiable using a third-party prenticeship programs to covered members.
analyze media content and the influences of dif- auditing method and include the following: (b) RECRUITMENT.—The Secretary shall con-
ferent forms of media; evaluate the comprehen- (1) The number of covered individuals who re- sult with officials and employees of the Depart-
siveness, relevance, credibility, authority, and ceive and complete skills training. ment of Labor who have experience with reg-
accuracy of information; make educated deci- (2) The number of covered individuals who se- istered apprenticeship programs to facilitate the
sions based on information obtained from media cure employment. Secretary entering into agreements with entities
and digital sources; operate various forms of (3) The retention rate for covered individuals that offer positions described in subsection (a)
technology and digital tools; and reflect on how described in paragraph (2). in areas where the Secretary determines few
the use of media and technology may affect pri- (4) Median salary of covered individuals de- such positions are available to covered members.
vate and public life. scribed in paragraph (2). (c) DEFINITIONS.—In this section:
SEC. 565. PILOT GRANT PROGRAM TO SUPPLE- (h) SITE LOCATIONS.—The Secretary of De- (1) The term ‘‘covered member’’ means a mem-
MENT THE TRANSITION ASSISTANCE fense shall select five military installations in
ber of the Armed Forces eligible for Skillbridge.
PROGRAM OF THE DEPARTMENT OF the United States where existing models are suc-
DEFENSE. (2) The term ‘‘registered apprenticeship pro-
cessful.
(a) ESTABLISHMENT.—The Secretary of De- gram’’ means an apprenticeship program reg-
(i) ASSESSMENT OF POSSIBLE EXPANSION.—A
fense, in consultation with the Secretary of Vet- istered under the Act of August 16, 1937 (com-
grantee shall assess the feasibility of expanding
erans Affairs, shall carry out a pilot grant pro- monly known as the ‘‘National Apprenticeship
the current offering of virtual training and ca-
gram under which the Secretary of Defense pro- Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et
reer placement services to members of the reserve
vides enhanced support and funding to eligible seq.).
components of the Armed Forces and covered in-
entities to supplement TAP to provide job oppor- (3) The term ‘‘Skillbridge’’ means an employ-
dividuals outside the United States.
tunities for industry recognized certifications, (j) DURATION.—The pilot grant program shall ment skills training program under section
job placement assistance, and related employ- terminate on September 30, 2025. 1143(e) of title 10, United States Code, as amend-
ment services directly to covered individuals. (k) REPORT.—Not later than 180 days after the ed by section 563 of this Act.
(b) SERVICES.—Under the pilot grant program, termination of the pilot grant program, the Sec- Subtitle H—Military Family Readiness and
the Secretary of Defense shall provide grants to retary of Defense shall submit to the congres- Dependents’ Education
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eligible entities to provide to covered individuals sional defense committees a report that in- SEC. 571. CLARIFICATION AND EXPANSION OF AU-
the following services: cludes— THORIZATION OF SUPPORT FOR
(1) Using an industry-validated screening (1) a description of the pilot grant program, CHAPLAIN-LED PROGRAMS FOR
tool, assessments of prior education, work his- including a description of specific activities car- MEMBERS OF THE ARMED FORCES.
tory, and employment aspirations of covered in- ried out under this section; and Section 1789 of title 10, United States Code, is
dividuals, to tailor appropriate and employment (2) the metrics and evaluations used to assess amended—
services. the effectiveness of the pilot grant program. (1) in subsection (a)—
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H6066 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(A) by striking ‘‘chaplain-led programs’’ and than twice during each school year at a time SEC. 575. ADVISORY PANEL ON COMMUNITY SUP-
inserting ‘‘a chaplain-led program’’; mutually agreed upon by both parties; and PORT FOR MILITARY FAMILIES WITH
(B) by striking ‘‘members of the armed forces’’ ‘‘(B) notice of such opportunity at the begin- SPECIAL NEEDS.
and all that follows through ‘‘status and their ning of each school year; Section 563(d) of the National Defense Au-
immediate family members,’’ and inserting ‘‘a ‘‘(3) make all instructional and educator pro- thorization Act for Fiscal Year 2010 (Public Law
covered individual’’; and fessional development materials, including 111–84; 10 U.S.C. 1781c note) is amended—
(C) by inserting ‘‘, or to support the resiliency, teachers’ manuals, films, tapes, books or other (1) by amending paragraph (2) to read as fol-
suicide prevention, or holistic wellness of such reading materials, or other supplementary mate- lows:
covered individual’’ after ‘‘structure’’; rials used in any survey, analysis, or evalua- ‘‘(2) MEMBERS.—The advisory panel shall con-
(2) in subsection (b)— tion, available for inspection by the parents of sist of the following members, appointed by the
(A) by striking ‘‘members of the armed forces children attending the school; Secretary of Defense:
and their family members’’ and inserting ‘‘a cov- ‘‘(4) at the beginning of each school year, pro- ‘‘(A) Nine individuals from military families
ered individual’’; vide parents a list of reading materials in the with special needs, with respect to whom the
(B) by striking ‘‘programs’’ and inserting ‘‘a school library, including a list of any reading Secretary shall ensure that—
program’’; and materials that were added to or removed from ‘‘(i) one individual is the spouse of an enlisted
(C) by striking ‘‘retreats and conferences’’ the list of materials from the prior year; member;
and inserting ‘‘a retreat or conference’’; and ‘‘(5) notify parents in a timely manner of any ‘‘(ii) one individual is the spouse of an officer
(3) by striking subsection (c) and inserting the plans to eliminate gifted and talented programs in a grade below O–6;
following: or accelerated coursework at the school; ‘‘(iii) one individual is a junior enlisted mem-
‘‘(c) COVERED INDIVIDUAL DEFINED.—In this ‘‘(6) except as provided in paragraph (7), no- ber;
section, the term ‘covered individual’ means— tify parents of any medical examinations or ‘‘(iv) one individual is a junior officer;
‘‘(1) a member of the armed forces on active screenings the school may administer to their ‘‘(v) individuals reside in different geographic
duty; child and receive written consent from parents regions;
‘‘(2) a member of the reserve components in an for any such examination or screening prior to ‘‘(vi) one individual is a member serving at a
active status; or conducting the examination or screening; remote installation or is a member of the family
‘‘(7) in the event of an emergency that re- of such a member; and
‘‘(3) a dependent of an individual described in
quires a medical examination or screening with- ‘‘(vii) at least two individuals are members
subparagraph (A) or (B).’’.
out time for parental notification, promptly no- serving on active duty, each with a dependent
SEC. 572. RIGHTS OF PARENTS OF CHILDREN AT-
tify parents of such examination or screening who—
TENDING SCHOOLS OPERATED BY
THE DEPARTMENT OF DEFENSE and, not later than 24 hours after the incident ‘‘(I) is enrolled in the Exceptional Family
EDUCATION ACTIVITY. occurs, provide an explanation of the emergency Member Program; and
(a) IN GENERAL.—Chapter 108 of title 10, that prevented notification prior to such exam- ‘‘(II) has an individualized education pro-
United States Code, is amended by inserting ination or screening; gram.
after section 2164 the following new section: ‘‘(8) notify parents of any medical information ‘‘(B) One representative of the Defense Health
that will be collected on their child, receive writ- Agency.
‘‘§ 2164a. Rights of parents of children attend- ten parental consent prior to collecting such in-
ing schools operated by the Department of ‘‘(C) One representative of the Department of
formation, and provide parents an opportunity Defense Education Activity.
Defense Education Activity to inspect such information at the parent’s re- ‘‘(D) One representative of the Office of Spe-
‘‘(a) IN GENERAL.—The parent of a child who quest; and cial Needs of the Department of Defense.
attends a school operated by the Department of ‘‘(9) notify parents of any policy changes in- ‘‘(E) One or more representatives of advocacy
Defense Education Activity has the following volving their reporting obligations under the groups with missions relating to the Exceptional
rights: Family Advocacy Program of the Department of Family Member Program of the Department of
‘‘(1) The right to review the curriculum of the Defense. Defense.
school. ‘‘(c) SCHOOL ADVISORY COMMITTEES AND ‘‘(F) One or more adult dependents enrolled in
‘‘(2) The right to be informed if the school or BOARDS.—Not less frequently than twice per the Exceptional Family Member Program of the
Department of Defense Education Activity alters year, a school advisory committee or school Department of Defense.’’; and
the school’s academic standards or learning board for a school operated by the Department (2) by adding at the end the following new
benchmarks. of Defense Education Activity shall provide par- paragraph:
‘‘(3) The right to meet with each teacher of ents of children attending the school with the ‘‘(5) TRANSPARENCY AND ACCESSIBILITY.—The
their child not less than twice during each opportunity to address the advisory committee advisory panel shall—
school year. or school board on any matters relating to the ‘‘(A) provide advice that is relevant, objective,
‘‘(4) The right to review the budget, including school or the educational services provided to and transparent;
all revenues and expenditures, of the school. their children. ‘‘(B) ensure that any meetings or other pro-
‘‘(5) The right to review all instructional ma- ‘‘(d) DEFINITION.—In this section, the term ceedings of the advisory panel are accessible to
terials and teacher professional development ‘school operated by the Department of Defense the public; and
materials used by the school. Education Activity’ means— ‘‘(C) make available on a publicly accessible
‘‘(6) The right to inspect a list of the books ‘‘(1) a Department of Defense domestic de-
website—
and other reading materials contained in the li- pendent elementary or secondary school, as de-
‘‘(i) meeting announcements;
brary of the school. scribed in section 2164 of this title; or
‘‘(ii) minutes of meetings;
‘‘(7) The right to address the school advisory ‘‘(2) any elementary or secondary school or
‘‘(iii) the names of council representatives;
committee or the school board. program for dependents operated by the Depart-
and
‘‘(8) The right to information about the ment of Defense Education Activity.’’.
(b) CLERICAL AMENDMENT.—The table of sec- ‘‘(iv) regular updates on the progress of the
school’s discipline policy and any violent activ- panel in fulfilling the duties specified in para-
tions at the beginning of such chapter is amend-
ity in the school. graph (3).’’.
ed by inserting after the item relating to section
‘‘(9) The right to information about any plans SEC. 576. CERTAIN ASSISTANCE TO LOCAL EDU-
2164 the following new item:
to eliminate gifted and talented programs or ac- CATIONAL AGENCIES THAT BENEFIT
celerated coursework at the school. ‘‘2164a. Rights of parents of children attending DEPENDENTS OF MILITARY AND CI-
‘‘(b) DISCLOSURES AND NOTIFICATIONS.—Con- schools operated by the Depart- VILIAN PERSONNEL.
sistent with the parental rights specified in sub- ment of Defense Education Activ- (a) CONTINUATION OF AUTHORITY TO ASSIST
section (a), a school operated by the Department ity.’’. LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
of Defense Education Activity shall— SEC. 573. EXPANSION OF PILOT PROGRAM TO DEPENDENTS OF MEMBERS OF THE ARMED
‘‘(1) post on a publicly accessible website of PROVIDE FINANCIAL ASSISTANCE TO
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
MEMBERS OF THE ARMED FORCES
the school— FOR IN-HOME CHILD CARE.
EMPLOYEES.—Of the amount authorized to be
‘‘(A) the curriculum for each course and grade Section 589(b) of the William M. (Mac) Thorn- appropriated for fiscal year 2023 by section 301
level; berry National Defense Authorization Act for and available for operation and maintenance
‘‘(B) the academic standards or other learning Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. for Defense-wide activities as specified in the
benchmarks used by the school; 1791 note) is amended by striking ‘‘five loca- funding table in section 4301, $53,000,000 shall be
‘‘(C) notice of any proposed revisions to such tions’’ and inserting ‘‘six locations’’. available only for the purpose of providing as-
standards or benchmarks and a copy of any sistance to local educational agencies under
SEC. 574. EXTENSION OF PILOT PROGRAM TO EX-
such revisions; PAND ELIGIBILITY FOR ENROLL- subsection (a) of section 572 of the National De-
‘‘(D) the budget for the school year, including MENT AT DOMESTIC DEPENDENT EL- fense Authorization Act for Fiscal Year 2006
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all revenues and expenditures (including ex- EMENTARY AND SECONDARY (Public Law 109–163; 20 U.S.C. 7703b).
penditures made for items and services provided SCHOOLS. (b) IMPACT AID FOR CHILDREN WITH SEVERE
by private entities); and Section 589C(e) of the William M. (Mac) DISABILITIES.—Of the amount authorized to be
‘‘(2) provide the parents of a child attending Thornberry National Defense Authorization Act appropriated for fiscal year 2023 pursuant to
the school with— for Fiscal Year 2021 (Public Law 116–283; 10 section 301 and available for operation and
‘‘(A) the opportunity to meet in-person with U.S.C. 2164 note) is amended by striking ‘‘four maintenance for Defense-wide activities as spec-
each teacher of their child not less frequently years’’ and inserting ‘‘eight years’’. ified in the funding table in section 4301,
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6067
$22,000,000 shall be available for payments years after the date of the enactment of this (b) REPORTING.—Not later than one year after
under section 363 of the Floyd D. Spence Na- Act; and the date of the enactment of this Act, each Sec-
tional Defense Authorization Act for Fiscal (2) all PRIs not later than four years after the retary concerned shall submit to the appropriate
Year 2001 (as enacted into law by Public Law date of the enactment of this Act. congressional committees a report summarizing
106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). (e) PLAN.— Not later than one year after the activities taken by such Secretary concerned to
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In date of the enactment of this Act, the Secretary carry out subsection (a).
this section, the term ‘‘local educational agen- shall submit to the appropriate congressional (c) DEFINITIONS.—In this section:
cy’’ has the meaning given that term in section committees the plan of the Secretary to imple- (1) The term ‘‘appropriate congressional com-
7013(9) of the Elementary and Secondary Edu- ment the program under this section. mittees’’ means the following:
cation Act of 1965 (20 U.S.C. 7713(9)). (f) REPORT.—Not later than two years after (A) The Committees on Armed Services of the
SEC. 577. VERIFICATION OF REPORTING OF ELIGI- the Secretary implements the program under Senate and House of Representatives.
BLE FEDERALLY CONNECTED CHIL- this section, the Secretary shall submit to the (B) The Committees on Appropriations of the
DREN FOR PURPOSES OF FEDERAL appropriate congressional committees a report Senate and House of Representatives.
IMPACT AID PROGRAMS. on implementation of the program. Such report (C) The Committee on Commerce, Science, and
(a) CERTIFICATION.—On an annual basis, shall include evaluations of the following: Transportation of the Senate.
each commander of a military installation under (1) Satisfaction of covered members and cov- (D) The Committee on Transportation and In-
the jurisdiction of the Secretary of a military de- ered dependents who receive services under such frastructure of the House of Representatives.
partment shall submit to such Secretary a writ- program. (2) The term ‘‘Secretary concerned’’ has the
ten certification verifying whether the com- (2) Adherence of schools, with respect to cov- meaning given such term in section 101 of title
mander has confirmed the information con- ered dependents described in paragraph (1), to— 10, United States Code.
tained in all impact aid source check forms re- (A) individualized education programs; and
SEC. 579A. RECOMMENDATIONS FOR THE IM-
ceived from local educational agencies as of the (B) plans under section 504 of the Rehabilita- PROVEMENT OF THE MILITARY
date of such certification. tion Act of 1973 (Public Law 93–112; 29 U.S.C. INTERSTATE CHILDREN’S COMPACT.
(b) REPORT.—Not later June 30 of each year, 794).
each Secretary of a military department shall (a) RECOMMENDATIONS REQUIRED.—The Secre-
(g) DEFINITIONS.—In this section: taries concerned, in consultation with States
submit to the congressional defense committees a (1) The term ‘‘appropriate congressional com-
report, based on the information received under through the Defense-State Liaison Office, shall
mittees’’ means the following:
subsection (a), that identifies— develop recommendations to improve and fully
(A) The congressional defense committees.
(1) each military installation under the juris- implement the Military Interstate Children’s
(B) The Committee on Transportation and In-
diction of such Secretary that has confirmed the Compact.
frastructure of the House of Representatives.
information contained in all impact aid source (b) CONSIDERATIONS.—In carrying out sub-
(C) The Committee on Commerce, Science, and
check forms received from local educational section (a), the Secretaries concerned shall—
Transportation of the Senate.
agencies as of the date of the report; and (1) identify any barriers—
(2) The term ‘‘congressional defense commit-
(2) each military installation that has not tees’’ has the meaning given such term in sec- (A) to the ability of a parent of a transferring
confirmed the information contained in such tion 101 of title 10, United States Code. military-connected child to enroll the child, in
forms as of such date. (3) The term ‘‘covered Armed Force’’ means an advance, in an elementary or secondary school
SEC. 578. EFMP GRANT PROGRAM. Armed Force under the jurisdiction of the Sec- in the State in which the child is transferring,
(a) ESTABLISHMENT.—The Secretary of De- retary of a military department. without requiring the parent or child to be
fense shall establish a program to award grants (4) The term ‘‘covered dependent’’ means a de- physically present in the State; and
to, and enter into agreements with, eligible enti- pendent— (B) to the ability of a transferring military-
ties under which participating eligible entities (A) of a member of a covered Armed Force; connected child who receives special education
shall provide, to covered members assigned to (B) who is a minor; and services to gain access to such services and re-
PRIs, services described in subsection (b). (C) who is enrolled in the EFMP. lated supports in the State to which the child
(b) SERVICES.—Services described in this sub- (5) The term ‘‘covered member’’ means a mem- transfers within the timeframes required under
section are the provision of— ber— the Individuals with Disabilities Education Act
(1) training and information that help a cov- (A) of a covered Armed Force; and (20 U.S.C. 1400 et seq.);
ered dependent— (B) with a covered dependent. (2) consider the feasibility and advisability
(A) meet developmental, functional, and aca- (6) The term ‘‘EFMP’’ means an Exceptional of—
demic goals; and Family Member Program of the Department of (A) tracking and reporting the number of fam-
(B) prepare to lead a productive and inde- Defense under section 1781c(e) of title 10, United ilies who use advanced enrollment in States that
pendent adult life; States Code. offer advanced enrollment to military-connected
(2) training and information that help a cov- (7) The term ‘‘eligible entity’’ means a private, children;
ered member— nonprofit entity, or an institution of higher edu- (B) States clarifying in legislation that eligi-
(A) better understand the disabilities and edu- cation, that the Secretary of Defense determines bility for advanced enrollment requires only
cational, developmental, and transitional needs appropriate to provide services described in sub- written evidence of a permanent change of sta-
of the covered dependent of such covered mem- section (b). tion order, and does not require a parent of a
ber; (8) The term ‘‘individualized education pro- military-connected child to produce a rental
(B) participate in the development of an indi- agreement or mortgage statement; and
gram’’ has the meaning given such term in sec-
vidualized education program for the covered (C) the Secretary of Defense, in coordination
tion 614 of the Individuals with Disabilities
dependent; with the Military Interstate Children’s Compact,
Education Act (20 U.S.C. 1414).
(C) communicate effectively and work collabo-
(9) The term ‘‘institution of higher education’’ developing a letter or other memorandum that
ratively with individuals responsible for pro-
has the meaning given such term in section 101 military families may present to local edu-
viding, to covered dependents, special edu-
of the Higher Education Act of 1965 (20 U.S.C. cational agencies that outlines the protections
cation, early intervention services, transition
1001). afforded to military-connected children by the
services, and related services; and
(10) The term ‘‘PRI’’ means a primary receiv- Military Interstate Children’s Compact; and
(D) resolve a dispute, regarding education or
ing installation, as that term is used in section (3) identify any other actions that may be
services described in subparagraph (C), as expe-
582 of the William M. (Mac) Thornberry Na- taken by the States (acting together or sepa-
ditiously and effectively as possible, including
tional Defense Authorization Act for Fiscal rately) to improve the Military Interstate Chil-
encouraging the use, and explaining the bene-
Year 2021 (Public Law 116–283; 10 U.S.C. 1781c dren’s Compact.
fits, of alternative methods of dispute resolution;
note). (c) REPORT REQUIRED.—Not later than 180
and
(3) if an eligible entity is not a PTI— (11) The term ‘‘PTI’’ means a parent training days after the date of the enactment of this Act,
(A) information regarding services offered by and information center, as that term is defined the Secretaries concerned shall submit to the ap-
the local PTI (about which the eligible entity in section 602 of the Individuals with Disabil- propriate congressional committees and to the
shall consult with the local PTI not less than ities Education Act (Public Law 91–230; 20 States a report setting forth the recommenda-
once each quarter year); and U.S.C. 1401). tions developed under subsection (a).
(B) referrals of covered members to the local SEC. 579. PROMOTION OF CERTAIN CHILD CARE (d) DEFINITIONS.—In this section:
PTI. ASSISTANCE. (1) The term ‘‘appropriate congressional com-
(c) CO-LOCATION.—To the extent practical, the (a) IN GENERAL.—Each Secretary concerned mittees’’ means—
Secretary shall ensure that an eligible entity shall promote, to members of the Armed Forces (A) the congressional defense committees;
that participates in the program under this sec- under the jurisdiction of such Secretary con- (B) the Committee on Health, Education,
tion shall provide services described in sub- cerned, awareness of child care assistance avail- Labor, and Pensions and the Committee on
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section (b) at a location on the military installa- able under— Homeland Security and Governmental Affairs of
tion concerned where the Secretary furnishes (1) section 1798 of title 10, United States Code; the Senate; and
other services under the EFMP. and (C) the Committee on Education and Labor
(d) IMPLEMENTATION.—The Secretary shall im- (2) section 589 of the William M. (Mac) Thorn- and the Committee on Homeland Security of the
plement the program under this section at— berry National Defense Authorization Act for House of Representatives.
(1) six PRIs (one PRI for each covered Armed Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. (2) The terms ‘‘child’’, ‘‘elementary school’’,
Force and one joint PRI) not later than two 1791 note). ‘‘local educational agency’’, ‘‘secondary
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H6068 CONGRESSIONAL RECORD — HOUSE July 13, 2022
school’’, ‘‘parent’’, and ‘‘State’’ have the mean- (1) An outline of the tools, resources, and per- SEC. 582. AUTHORIZATION FOR AWARD OF THE
ings given those terms in section 8101 of the Ele- sonnel the Secretary determines necessary to MEDAL OF HONOR TO DAVID R.
HALBRUNER FOR ACTS OF VALOR
mentary and Secondary Education Act of 1965 carry out the pilot program.
ON SEPTEMBER 11-12, 2012.
(20 U.S.C. 7801). (2) An assessment of the potential benefits, im-
(3) The terms ‘‘armed forces’’, ‘‘active duty’’ (a) AUTHORIZATION.—Notwithstanding the
plications, and effects of the pilot program.
and ‘‘congressional defense committees’’ have time limitations specified in section 7274 of title
(3) The POTFF services that the Secretary
the meanings given those terms in section 101 of 10, United States Code, or any other time limita-
could provide to covered individuals under the
title 10, United States Code. tion with respect to the awarding of certain
pilot program.
(4) The term ‘‘transferring military-connected medals to persons who served in the Armed
(4) An assessment of how best to carry out the Forces, the President may award the Medal of
child’’ means the child of a parent who— separation of covered members, including any
(A) is serving on active duty in the Armed Honor under section 7272 of such title to David
additional resources the Secretary determines R. Halbruner for the acts of valor described in
Forces; necessary.
(B) is changing duty locations due to a per- the subsection (b).
(5) Any legislative or administrative action (b) ACTS OF VALOR DESCRIBED.—The acts of
manent change of station order; and that the Secretary determines necessary to carry
(C) has not yet established an ongoing phys- valor described in this subsection are the actions
the such pilot program. of David R. Halbruner as a master sergeant in
ical presence in the State to which the parent is (6) Any other information the Secretary deter-
transferring. the Army on September 11-12, 2012, for which he
mines appropriate. was previously awarded the Distinguished-Serv-
(5) The term ‘‘Military Interstate Children’s
(b) DEFINITIONS.—In this section: ice Cross.
Compact’’ means the Interstate Compact on
(1) The term ‘‘covered individual’’ means— SEC. 583. AUTHORIZATION FOR POSTHUMOUS
Educational Opportunity for Military Children
(A) a covered member; AWARD OF MEDAL OF HONOR TO
as described in Department of Defense Instruc-
(B) an immediate family of a covered member; MASTER SERGEANT RODERICK W.
tion 1342.29, dated January 31, 2017 (or any suc- EDMONDS FOR ACTS OF VALOR DUR-
or
cessor to such instruction). ING WORLD WAR II.
(6) The term ‘‘Secretary concerned’’ means— (C) an individual eligible for a gold star lapel
button under section 1126 of title 10, United (a) WAIVER OF TIME LIMITATIONS.—Notwith-
(A) the Secretary of Defense, with respect to standing the time limitations specified in section
matters concerning the Department of Defense; States Code, on the basis of the relationship of
such individual to a deceased member of special 7274 of title 10, United States Code, or any other
and time limitation with respect to the awarding of
(B) the Secretary of the department in which operations forces.
(2) The term ‘‘covered member’’ means a mem- certain medals to persons who served in the
the Coast Guard is operating, with respect to Armed Forces, the President may award the
matters concerning the Coast Guard when it is ber of the Armed Forces—
(A) assigned to special operations forces; and Medal of Honor posthumously under section
not operating as a service in the Department of 7271 of such title to Master Sergeant Roderick
the Navy. (B) who is separating from the Armed Forces.
(3) The term ‘‘immediate family member’’ has W. Edmonds for the acts of valor described in
SEC. 579B. INDUSTRY ROUNDTABLE ON MILITARY subsection (c).
SPOUSE HIRING. the meaning given that term in section 1789 of
(b) ACTS OF VALOR DESCRIBED.—The acts of
(a) IN GENERAL.—Not later than 180 days title 10, United States Code.
valor referred to in subsection (b) are the ac-
after the date of the enactment of this Act, the (4) The term ‘‘POTFF’’ means the Preserva-
tions of Master Sergeant Roderick W. Edmonds
Under Secretary of Defense for Personnel and tion of the Force and Family Program of United
on January 27, 1945, as a prisoner of war and
Readiness shall seek to convene an industry States Special Operations Command under sec-
member of the Army serving in Germany in sup-
roundtable to discuss the hiring of military tion 1788a of title 10, United States Code.
port of the Battle of the Bulge, for which he has
spouses. Such discussion shall include the fol- (5) The term ‘‘special operations forces’’
never been recognized by the United States
lowing elements: means the forces described in section 167(j) of
Army.
(1) The value of, and opportunities to, private title 10, United States Code.
Subtitle J—Miscellaneous Reports and Other
entities that hire military spouses. Subtitle I—Decorations and Awards Matters
(2) Career opportunities for military spouses. SEC. 581. AUTHORITY TO AWARD THE MEDAL OF
(3) Understanding the challenges that military SEC. 591. ELECTRONIC NOTARIZATION FOR MEM-
HONOR TO A MEMBER OF THE BERS OF THE ARMED FORCES.
spouses encounter in the labor market. ARMED FORCES FOR ACTS OF VALOR
(4) Gaps and opportunities in the labor market WHILE A PRISONER OF WAR.
Section 1044a of title 10, United States Code, is
for military spouses. amended by adding at the end the following
(a) AUTHORITY.—
(5) Best hiring practices from industry leaders new subsection:
(1) ARMY.—Section 7271(1) of title 10, United ‘‘(e)(1) A person named in subsection (b) may
in human resources. States Code, is amended by inserting ‘‘, includ-
(b) PARTICIPANTS.—The participants in the exercise the powers described in subsection (a)
ing active resistance, gallantry, or defiance through electronic means, including under cir-
roundtable shall include the following: while serving as a prisoner of war’’ after
(1) The Under Secretary. cumstances where the individual with respect to
‘‘United States’’. whom such person is performing the notarial act
(2) The Assistant Secretary for Manpower and (2) NAVY AND MARINE CORPS.—Section 8291(1)
Reserve Affairs of each military department. is not physically present in the same location as
of title 10, United States Code, is amended by in- such person.
(3) The Director of the Defense Human Re- serting ‘‘, including active resistance, gallantry,
sources Activity. ‘‘(2) A determination of the authenticity of a
or defiance while serving as a prisoner of war’’ notarial act authorized in this section shall be
(4) Other officials of the Department of De- after ‘‘United States’’.
fense the Secretary of Defense determines appro- made without regard to whether the notarial act
(3) AIR FORCE AND SPACE FORCE.—Section was performed through electronic means.
priate.
9271(1) of title 10, United States Code, is amend- ‘‘(3) A log or journal of a notarial act author-
(5) Private entities that elect to participate.
ed by inserting ‘‘, including active resistance, ized in this section shall be considered for evi-
(c) NOTICE.—The Under Secretary shall pub-
gallantry, or defiance while serving as a pris- dentiary purposes without regard to whether
lish notice of the roundtable in multiple private
oner of war’’ after ‘‘United States’’. the log or journal is in electronic form.’’.
sector forums and the Federal Register to en-
(4) COAST GUARD.—Section 2732(1) of title 14, SEC. 592.
DISINTERMENTS FROM NATIONAL
courage participation in the roundtable by pri-
United States Code, is amended by inserting ‘‘, CEMETERIES.
vate entities and entities interested in the hiring
including active resistance, gallantry, or defi- (a) APPLICABILITY OF AUTHORITY TO RECON-
of military spouses.
ance while serving as a prisoner of war’’ after SIDER DECISIONS OF SECRETARY OF VETERANS
(d) BRIEFING.—Not later than one year after
‘‘United States’’. AFFAIRS OR SECRETARY OF THE ARMY TO INTER
the date of the enactment of this Act, the Sec-
retary of Defense shall provide a briefing to the (b) REGULATIONS.—Not later than one year THE REMAINS OR MEMORIALIZE A PERSON IN A
after the date of the enactment of this Act, the NATIONAL CEMETERY.—
Committees on Armed Services of the Senate and
Secretary of Defense and the Secretary of the (1) IN GENERAL.—Section 2(c) of the Alicia
House of Representatives on the lessons learned
Department in which the Coast Guard is oper- Dawn Koehl Respect for National Cemeteries
from the roundtable, including the recommenda-
ating shall prescribe regulations that set forth Act (Public Law 113–65; 38 U.S.C. 2411 note) is
tion of the Secretary whether to convene the
uniform standards for awarding the Medal of amended by striking ‘‘after the date of the en-
roundtable annually.
Honor to a member of the Armed Forces pursu- actment of this Act’’ and inserting ‘‘after No-
SEC. 579C. FEASIBILITY STUDY AND REPORT ON
PILOT PROGRAM TO PROVIDE POTFF
ant to an amendment made by subsection (a). vember 21, 1997’’.
SERVICES TO SEPARATING MEM- Such regulations shall apply retroactively to a (2) CONGRESSIONAL NOTICES.—Upon becoming
BERS OF SPECIAL OPERATIONS member who was a prisoner of war before the aware of a covered interment or memorializa-
FORCES AND CERTAIN FAMILY MEM- date of the prescription of such regulations. tion—
BERS. (c) REPORT.—Not later than one year after the (A) the Secretary of Veterans Affairs shall
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(a) REPORT REQUIRED.—Not later than March date of the enactment of this Act, the Secretary issue to the Committees on Veterans’ Affairs of
1, 2023, the Secretary shall submit to the Com- of Defense shall submit to the Committees on the Senate and House of Representatives written
mittees on Armed Services of the Senate and Armed Services of the Senate and House of Rep- notice of such covered interment or memorializa-
House of Representatives a report on the feasi- resentatives a report regarding the number of tion; and
bility of a pilot program to provide, to covered individuals who may be eligible for a Medal of (B) the Secretary of the Army, in the case of
individuals, services under POTFF. The report Honor pursuant to the amendments made by a covered interment or memorialization in Ar-
shall include the following elements: this section. lington National Cemetery, shall issue to the
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6069
Committees on Armed Services of the Senate and (e) REPORT.—Upon the termination of a pilot shall evaluate the marketing and recruiting ef-
House of Representatives and the Committees on program under this section, the Secretary of De- forts of the Department of Defense to determine
Veterans’ Affairs of the Senate and House of fense shall submit to the congressional defense how to use social media and other technology
Representatives written notice of such covered committees a report containing the following in- platforms to convey to young people the oppor-
interment or memorialization. formation: tunities and benefits of service in the covered
(3) COVERED INTERMENT OR MEMORIALIZATION (1) The number of individuals who used car Armed Forces.
DEFINED.—In this subsection, the term ‘‘covered sharing services offered pursuant to the pilot (b) COVERED ARMED FORCE DEFINED.—In this
interment or memorialization’’ means an inter- program. section, the term ‘‘covered Armed Force’’ means
ment or memorialization— (2) The cost to the United States of the pilot the following:
(A) in a national cemetery; program. (1) The Army.
(B) between January 1, 1990 and November 21, (3) An analysis of the effect of the pilot pro- (2) The Navy.
1997; and gram on mental health and community connect- (3) The Marine Corps.
(C) that would have been subject to section edness of members described in subsection (b)(2). (4) The Air Force.
2411 of title 38, United States Code, as amended (4) Other information the Secretary deter- (5) The Space Force.
by the Alicia Dawn Koehl Respect for National mines appropriate. SEC. 598. REPORT ON RECRUITING EFFORTS OF
Cemeteries Act if subsection 2(c) of such Act (f) MILITARY INSTALLATION DEFINED.—In this THE ARMY.
were amended by striking ‘‘after the date of the section, the term ‘‘military installation’’ has the (a) REPORT REQUIRED.—Not later than 120
enactment of this Act’’ and inserting ‘‘on or meaning given such term in section 2801 of title days after the date of the enactment of this act,
after January 1, 1990’’. 10, United States Code. the Secretary of the Army shall submit to the
(b) DISINTERMENT OF REMAINS OF ANDREW SEC. 596. SUPPORT FOR MEMBERS WHO PERFORM congressional defense committees a report on re-
CHABROL FROM ARLINGTON NATIONAL CEME- DUTIES REGARDING REMOTELY PI- cruiting efforts of the Army. Such report shall
TERY.— LOTED AIRCRAFT: STUDY; REPORT. contain the following elements:
(1) DISINTERMENT.—Not later than September (a) STUDY.—The Secretary of Defense (in con- (1) A comparison of the number of active
30, 2023, the Secretary of the Army shall disinter sultation with the Secretary of Transportation Army enlistments from each region annually
the remains of Andrew Chabrol from Arlington and Administrator of the Federal Aviation Ad- during fiscal years 2018 through 2022, the num-
National Cemetery. ministration) shall conduct a study to identify ber of recruiters stationed in each region, and
(2) NOTIFICATION.—The Secretary of the Army opportunities to provide more support services advertising dollars spent in each region, includ-
may not carry out paragraph (1) until after no- to, and greater recognition of combat accom- ing annual numbers and averages.
tifying the next of kin of Andrew Chabrol. plishments of, RPA crew. Such study shall iden- (2) A comparison of the number of active
(3) DISPOSITION.—After carrying out para- tify the following with respect to each covered Army enlistments produced by each Army Re-
graph (1), the Secretary of the Army shall— Armed Force: cruiting Battalion during fiscal years 2018
(A) relinquish the remains to the next of kin (1) Safety policies applicable to crew of tradi- through 2022, the number of recruiters stationed
described in paragraph (2); or tional aircraft that apply to RPA crew. in each battalion, and advertising dollars spent
(B) if no such next of kin responds to notifica- in support of each battalion, including annual
(2) Personnel policies, including crew staffing
tion under paragraph (2), arrange for disposi- numbers and averages.
and training practices, applicable to crew of tra-
tion of the remains the Secretary of the Army (3) An analysis of the geographic dispersion of
ditional aircraft that apply to RPA crew.
determines appropriate. enlistments by military occupational specialty
(3) Metrics the Secretaries of the military de-
SEC. 593. CLARIFICATION OF AUTHORITY OF during fiscal years 2018 through 2022.
partments use to evaluate the health of RPA
NCMAF TO UPDATE CHAPLAINS HILL (4) An analysis of the amount of Federal
AT ARLINGTON NATIONAL CEME- crew.
TERY. (4) Incentive pay, retention bonuses, pro- funds spent on advertising per active duty en-
motion rates, and career advancement opportu- listment by Army Recruiting Battalion and re-
Section 584(a) of the National Defense Au-
nities for RPA crew. gion during fiscal years 2018 through 2022, and
thorization Act for Fiscal Year 2022 (Public Law
(5) Combat zone compensation available to a ranked list of those battalions from most effi-
117–81; 38 U.S.C. 2409 note) is amended by add-
RPA crew. cient to least efficient.
ing at the end the following new paragraph:
‘‘(4) AUTHORITY OF SECRETARY OF THE (6) Decorations and awards for combat avail- (5) A comparison of the race, religion, gender,
ARMY.—The Secretary of the Army may permit able to RPA crew. education levels, military occupational special-
NCMAF to carry out any action authorized by (7) Mental health care available to crew of ties, and waivers for enlistment granted to en-
this subsection without regard to the time limi- traditional aircraft and RPA crew who conduct listees by region and Army Recruiting Battalion
tation under section 2409(b)(2)(C) of title 38, combat operations. area of responsibility during fiscal years 2018
United States Code.’’. (8) Whether RPA crew receive post-separation through 2022.
health (including mental health) care equiva- (b) FORMAT.—The report under this section
SEC. 594. NOTIFICATIONS ON MANNING OF
AFLOAT NAVAL FORCES. lent to crew of traditional aircraft. shall display data through infographics wher-
Section 597(d)(3) of the National Defense Au- (9) An explanation of any difference under ever possible.
paragraph (8). (c) PUBLICATION.—Not later than 30 days
thorization Act for Fiscal Year 2020 (Public Law
(b) REPORT.—Not later than one year after after submitting the report under subsection (a),
116–92; 10 U.S.C. 8013 note) is amended by in-
the date of the enactment of this Act, the Sec- the Secretary of the Army shall publish, on a
serting ‘‘or a commissioned ship undergoing nu-
retary of Defense shall submit to the appro- publicly accessible website of the Army, the re-
clear refueling or defueling and any concurrent
priate congressional committees a report con- port and the data sets (scrubbed of all person-
complex overhaul’’ after ‘‘Register’’.
taining the results of the study conducted under ally identifiable information) used to generate
SEC. 595. PILOT PROGRAM ON CAR SHARING ON
MILITARY INSTALLATIONS IN ALAS- this section, including any policy recommenda- the report.
KA. tions of the Secretary regarding such results. (d) REGION DEFINED.—In this section, the
(a) ESTABLISHMENT.—Not later than 180 days (c) DEFINITIONS.—In this section: term ‘‘region’’ means a region used for the 2020
after the date of the enactment of this Act, the (1) In this section, the term ‘‘appropriate con- decennial census.
Secretary of Defense shall seek to carry out a gressional committees’’ means the following: TITLE VI—COMPENSATION AND OTHER
pilot program to allow car sharing on military (A) The Committees on Armed Services of the PERSONNEL BENEFITS
installations in Alaska. Senate and House of Representatives. Subtitle A—Basic Pay and Allowances
(b) PROGRAM ELEMENTS.—To carry out a pilot (B) The Committees on Appropriations of the
SEC. 601. EXCLUSION OF BAH FROM GROSS
program under this section, the Secretary shall Senate and House of Representatives.
HOUSEHOLD INCOME FOR PUR-
take steps including the following: (C) The Committee on Commerce, Science, and POSES OF BASIC NEEDS ALLOW-
(1) Seek to enter into an agreement with an Transportation of the Senate. ANCE.
entity that— (D) The Committee on Transportation and In- Section 402b(k)(1) of title 37, United States
(A) provides car sharing services; and frastructure of the House of Representatives. Code, is amended by striking subparagraph (B)
(B) is capable of serving all military installa- (2) The term ‘‘covered Armed Force’’ means an and inserting the following:
tions in Alaska. Armed Force under the jurisdiction of the Sec- ‘‘(B) the basic allowance for housing under
(2) Provide to members assigned to military in- retary of a military department. section 403 of this title paid to such member.’’.
stallations in Alaska the resources the Secretary (3) The term ‘‘RPA crew’’ means members of
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR A
determines necessary to participate in such pilot covered Armed Forces who perform duties relat- MEMBER WITHOUT DEPENDENTS
program. ing to remotely piloted aircraft. WHOSE RELOCATION WOULD FINAN-
(3) Promote such pilot program to such mem- (4) The term ‘‘traditional aircraft’’ means CIALLY DISADVANTAGE SUCH MEM-
bers. fixed or rotary wing aircraft operated by an on- BER.
(c) IMPLEMENTATION PLAN.—Not later than 90 board pilot. Section 403(o) of title 37, United States Code,
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days after the date the Secretary enters into an SEC. 597. REVIEW OF MARKETING AND RECRUIT- is amended—
agreement under subsection (b)(1), the Secretary ING OF THE DEPARTMENT OF DE- (1) by inserting ‘‘(1)’’ before ‘‘In the case of a
shall submit to the congressional defense com- FENSE. member who is assigned’’; and
mittees a plan to carry out the pilot program. (a) IN GENERAL.—Not later that September 30, (2) by adding at the end the following new
(d) DURATION.—A pilot program under this 2023, the Secretary of Defense, in consultation paragraph:
section shall terminate two years after the Sec- with the Comptroller General of the United ‘‘(2) In the case of a member without depend-
retary commences such pilot program. States and experts determined by the Secretary, ents who is assigned to a unit that undergoes a
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H6070 CONGRESSIONAL RECORD — HOUSE July 13, 2022
change of home port or a change of permanent ‘‘(2) The term ‘covered member’ means a mem- ‘‘(B) $1,500 for a reassignment involving a
duty station, the Secretary concerned may, if ber of a covered armed force— duty station outside of the continental United
the Secretary concerned determines that it ‘‘(A) who resides more than 10 miles from a States.
would be inequitable to base the member’s enti- military installation; and ‘‘(3) A member may not apply for reimburse-
tlement to, and amount of, a basic allowance for ‘‘(B) who furnishes to the Secretary of the ment under this subsection later than one year
housing on the new home port or permanent military department concerned receipts or other after a reassignment described in paragraph (1).
duty station, treat such member, for the pur- evidence such member has a gym membership.’’. ‘‘(4) In the event a household contains two or
poses of this section, as if the unit to which the (b) CLERICAL AMENDMENT.—The table of sec- more members eligible for reimbursement under
member is assigned did not undergo such a tions at the beginning of such chapter is amend- this subsection, reimbursement may be paid to
change.’’. ed by inserting after the item relating to section one member among such members as such mem-
SEC. 603. TEMPORARY CONTINUATION OF RATE 425 the following: bers shall jointly elect.’’.
OF BASIC ALLOWANCE FOR HOUSING ‘‘426. Allowance for gym membership for certain SEC. 607. ALLOWABLE TRAVEL AND TRANSPOR-
FOR MEMBERS OF THE ARMED members of the armed forces who TATION ALLOWANCES: COMPLEX
FORCES WHOSE SOLE DEPENDENT reside more than 10 miles from a OVERHAUL.
DIES WHILE RESIDING WITH THE military installation.’’. Section 452(b) of title 37, United States Code,
MEMBER.
SEC. 605. REVIVAL AND REDESIGNATION OF PRO- is amended—
(a) AUTHORITY.—Section 403 of title 37, United VISION ESTABLISHING BENEFITS (1) by redesignating the second paragraph (18)
States Code, as amended by section 602, is fur- FOR CERTAIN MEMBERS ASSIGNED as paragraph (21); and
ther amended by— TO THE DEFENSE INTELLIGENCE (2) by adding at the end the following new
(1) redesignating subsections (m) through (p) AGENCY.
paragraphs:
as subsections (n) through (q); (a) REVIVIAL.—Section 491 of title 37, United ‘‘(22) Permanent change of assignment to or
(2) by inserting after subsection (l) the fol- States Code— from a naval vessel undergoing nuclear refuel-
lowing new subsection (m): (1) is revived to read as it did immediately be-
ing or defueling and any concurrent complex
‘‘(m) TEMPORARY CONTINUATION OF RATE OF fore its repeal under section 604 of the National
overhaul, even if such assignment is within the
BASIC ALLOWANCE FOR MEMBERS OF THE ARMED Defense Authorization Act for Fiscal Year 2022
same area as the current assignment of the
FORCES WHOSE SOLE DEPENDENT DIES WHILE (Public Law 117–81); and
member.
RESIDING WITH THE MEMBER.—(1) Notwith- (2) is redesignated as section 431 of such title.
(b) CLERICAL AMENDMENT.—The table of sec- ‘‘(23) Current assignment to a naval vessel en-
standing subsection (a)(2) or any other section tering or exiting nuclear refueling or defueling
of law, the Secretary of Defense and or the Sec- tions at the beginning of chapter 7 of such title
is amended by inserting, after the item relating and any concurrent complex overhaul.’’.
retary of the Department in which the Coast SEC. 608. EXPANSION OF AUTHORITY TO REIM-
Guard is operating, may, after the death of the to section 427, the following new item:
BURSE A MEMBER OF THE UNI-
sole dependent of a member of the armed forces, ‘‘431. Benefits for certain members assigned to FORMED SERVICES FOR SPOUSAL
continue to pay a basic allowance for housing the Defense Intelligence Agen- BUSINESS COSTS ARISING FROM A
to such member at the rate paid to such member cy.’’. PERMANENT CHANGE OF STATION.
at the time of the death of such sole dependent SEC. 606. REIMBURSEMENT OF CERTAIN CHILD Subsection (g) of section 453 of title 37, United
if— CARE COSTS INCIDENT TO A PERMA- States Code, as amended by section 606, is fur-
‘‘(A) such sole dependent dies— NENT CHANGE OF STATION OR AS- ther amended—
SIGNMENT.
‘‘(i) while the member is on active duty; and (1) in the heading, by inserting ‘‘OR BUSINESS
‘‘(ii) while residing with the member, unless (a) DESIGNATED CHILD CARE PROVIDER: DEFI- COSTS’’ after ‘‘RELICENSING COSTS’’;
separated by the necessity of military service or NITION; INCLUSION AS AUTHORIZED TRAVELER.—
(2) in paragraph (1), by inserting ‘‘or qualified
to receive institutional care as a result of dis- Section 451(a) of title 37, United States Code, is business costs’’ after ‘‘qualified relicensing
ability or incapacitation or under such other amended— costs’’;
circumstances as the Secretary concerned may (1) in paragraph (2)(C), by inserting ‘‘, or as
(3) in paragraph (2)—
by regulation prescribe; and a designated child care provider if child care is
(A) by inserting ‘‘(A)’’ before ‘‘Reimburse-
‘‘(B) the member— not available to a member of the armed forces at
ment’’;
‘‘(i) is not occupying a housing facility under a military child development center (as that
(B) by inserting ‘‘for qualified relicensing
the jurisdiction of the Secretary concerned on term is defined in section 1800 of title 10) at the
costs’’ after ‘‘subsection’’;
the date of the death of the sole dependent; or permanent duty location of such member not
(C) by striking ‘‘$1000’’ and inserting
‘‘(ii) is occupying such housing on a rental later than 30 days after the member arrives at
‘‘$1,000’’; and
basis on such date. such location’’ before the period; and (D) by adding at the end the following new
‘‘(2) The continuation of the rate of an allow- (2) by adding at the end the following new
subparagraph:
ance under this subsection shall terminate 365 paragraph:
‘‘(4) The term ‘designated child care provider’ ‘‘(B) Reimbursement provided to a member
days after the date of the death of the sole de- under this subsection for qualified business costs
means an adult selected by a member of the
pendent.’’. may not exceed $2,000 in connection with each
armed forces to provide child care to a depend-
(b) CONFORMING AMENDMENT.—Section reassignment described in paragraph (1).’’;
ent child of such member.’’.
2881a(c) of title 10, United States Code, is (4) in paragraph (3), by inserting ‘‘or qualified
(b) AUTHORIZATION OF REIMBURSEMENT.—Sec-
amended by striking ‘‘section 403(n)’’ and in- business costs’’ after ‘‘qualified relicensing
tion 453 of title 37, United States Code, is
serting ‘‘section 403(o)’’. costs’’;
amended by adding at the end the following
SEC. 604. ALLOWANCE FOR GYM MEMBERSHIP
new subsection: (5) in paragraph (4)—
FOR CERTAIN MEMBERS OF THE (A) in the matter preceding subparagraph (A),
‘‘(h) REIMBURSEMENT OF CERTAIN CHILD CARE
ARMED FORCES WHO RESIDE MORE by inserting ‘‘business license, permit,’’ after
THAN 10 MILES FROM A MILITARY IN- COSTS INCIDENT TO A MEMBER’S PERMANENT
CHANGE OF STATION OR ASSIGNMENT.—(1) From ‘‘courses,’’;
STALLATION.
amounts otherwise made available for a fiscal (B) in subparagraph (A)—
(a) ESTABLISHMENT.—Chapter 7 of title 37, (i) by inserting ‘‘, or owned a business,’’ be-
United States Code, is amended by inserting year to provide travel and transportation allow-
ances under this chapter, the Secretary con- fore ‘‘during’’;
after section 425 the following new section: (ii) by inserting ‘‘professional’’ before ‘‘li-
cerned may reimburse a member of the armed
‘‘§ 426. Allowance for gym membership for cer- cense’’; and
forces for travel expenses for a designated child
tain members of the armed forces who re- (iii) by inserting ‘‘, or business license or per-
care provider when—
side more than 10 miles from a military in- ‘‘(A) the member is reassigned, either as a per- mit,’’ after ‘‘certification’’; and
stallation manent change of station or permanent change (C) in subparagraph (B)—
‘‘(a) ALLOWANCE AUTHORIZED.—The Secretary of assignment, to a new duty station; (i) by inserting ‘‘professional’’ before ‘‘li-
of the military department concerned may pay, ‘‘(B) the movement of the member’s depend- cense’’; and
to a covered member, a monthly allowance for a ents is authorized at the expense of the United (ii) by inserting ‘‘, or business license or per-
gym membership. States under this section as part of the reassign- mit,’’ after ‘‘certification’’; and
‘‘(b) AMOUNT.—A monthly allowance to a cov- ment; (6) by adding at the end the following new
ered member under this section shall be in an ‘‘(C) child care is not available at a military paragraph:
amount determined by the Secretary of Defense child development center (as that term is defined ‘‘(5) In this subsection, the term ‘qualified
based on the average cost of a gym membership in section 1800 of title 10) at such duty station business costs’ means costs, including moving
in the military housing area in which the cov- not later than 30 days after the member arrives services for equipment, equipment removal, new
ered member resides. at such duty station; and equipment purchases, information technology
‘‘(c) DEFINITIONS.—In this section: ‘‘(D) the dependent child is on the wait list for expenses, and inspection fees, incurred by the
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‘‘(1) The term ‘covered armed force’ means the child care at such military child development spouse of a member if—
following: center. ‘‘(A) the spouse owned a business during the
‘‘(A) The Army. ‘‘(2) Reimbursement provided to a member member’s previous duty assignment and the
‘‘(B) The Navy. under this subsection may not exceed— costs result from a movement described in para-
‘‘(C) The Marine Corps. ‘‘(A) $500 for a reassignment between duty graph (1)(B) in connection with the member’s
‘‘(D) The Air Force. stations within the continental United States; change in duty location pursuant to reassign-
‘‘(E) The Space Force. and ment described in paragraph (1)(A); and
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6071
‘‘(B) the costs were incurred or paid to move days after the date of the enactment of this Act Secretary of Defense shall submit to the congres-
such business to a new location in connection and applies to the relocation of a member of the sional defense committees and the Coast Guard
with such reassignment.’’. uniformed services on or after such day. committees a report summarizing the results of
SEC. 609. PERMANENT AUTHORITY TO REIM- SEC. 609C. EXTENSION OF ONE-TIME UNIFORM the studies required under paragraph (1) that
BURSE MEMBERS FOR SPOUSE RELI- ALLOWANCE FOR OFFICERS WHO have been completed as of the date of the sub-
CENSING COSTS PURSUANT TO A TRANSFER TO THE SPACE FORCE. mission of such report.
PERMANENT CHANGE OF STATION. Subsection (d)(1) of section 606 of the William (B) FINAL REPORT.—Not later than 120 days
Subsection (g) of section 453 of title 37, United M. (Mac) Thornberry National Defense Author- after the completion of all the studies required
States Code, as amended by sections 606 and 608, ization Act for Fiscal Year 2021 (Public Law under paragraph (1), the Secretary shall submit
is further amended by striking paragraph (3) 116–283; 134 Stat. 3672; 37 U.S.C. 416 note) is to the congressional defense committees and the
and redesignating paragraph (4) as paragraph amended by striking ‘‘September 30, 2022’’ and Coast Guard committees a report summarizing
(3). inserting ‘‘September 30, 2023’’. the results of such studies.
SEC. 609A. TRAVEL AND TRANSPORTATION AL- SEC. 609D. OCONUS COST OF LIVING ALLOWANCE: (b) COAST GUARD CHILD DEVELOPMENT CEN-
LOWANCES FOR CERTAIN MEMBERS ADJUSTMENTS; NOTICE TO CERTAIN TER EMPLOYEE COMPENSATION REVIEW.—
OF THE ARMED FORCES WHO AT- CONGRESSIONAL COMMITTEES. (1) REVIEW REQUIRED.—The Secretary of
TEND A PROFESSIONAL MILITARY (a) ADJUSTMENTS.— Homeland Security shall, for each geographic
EDUCATION INSTITUTION OR TRAIN- (1) REDUCTIONS: LIMITATION.—The Secretary area in which the Secretary operates a Coast
ING CLASSES.
of Defense and the Secretary of the Department Guard child development center, conduct a
Section 453 of title 37, United States Code, as in which the Coast Guard is operating may not study—
amended by sections 606, 608, and 609, is further reduce the cost-of-living allowance for a member (A) comparing the total compensation (includ-
amended by adding at the end the following of the Armed Forces assigned to a duty station ing all pay and benefits) of child development
new subsection: located outside the United States except in con- center employees of each Coast Guard child de-
‘‘(i) ATTENDANCE AT PROFESSIONAL MILITARY nection with a permanent change of station for velopment center in such geographic area, to the
EDUCATION INSTITUTION OR TRAINING CLASSES.— such member. total compensation of similarly credentialed em-
‘‘(1) The Secretary of the military department (2) INCREASES.—The Secretary of Defense and ployees of public elementary schools in such ge-
concerned may authorize temporary duty status, the Secretary of the Department in which the ographic area; and
and travel and transportation allowances pay- Coast Guard is operating may increase the al- (B) estimating the difference in average pay
able to a member in such status, for a member lowance described in paragraph (1) for a mem- and the difference in average benefits between
under the jurisdiction of such Secretary who is ber of the Armed Forces at any time. such child development center employees and
reassigned— (b) NOTICE TO CERTAIN CONGRESSIONAL COM- such employees of public elementary schools.
‘‘(A) between duty stations located within the MITTEES.—The Secretary of Defense shall notify (2) SCHEDULE.—The Secretary of Homeland
United States; the appropriate congressional committees not Security shall complete the studies required
‘‘(B) for a period of not more than one year; less than 180 days before modifying a table used under paragraph (1)—
‘‘(C) for the purpose of participating in pro- to calculate the living allowance described in (A) for the geographic areas containing the
fessional military education or training classes, subsection (a). Coast Guard installations with the 10 longest
‘‘(D) with orders to return to the duty station (c) BRIEFING.—Not later than March 1, 2023, wait lists for child development services at Coast
where the member maintains primary residence the Secretary of Defense shall brief the Commit- Guard child development centers, not later than
and the dependents of such member reside. tees on Armed Services of the Senate and House one year after the date of the enactment of this
‘‘(2) If the Secretary of the military depart- of Representatives regarding effects of this sec- Act; and
ment concerned assigns permanent duty status tion on the allowance described in subsection (B) for geographic areas other than geo-
to a member described in paragraph (1), such (a). graphic areas described in subparagraph (A),
member shall be eligible for travel and transpor- (d) APPROPRIATE CONGRESSIONAL COMMITTEES not later than two years after the date of the
tation allowances including the following: DEFINED.—In this section, the term ‘‘appro- enactment of this Act.
‘‘(A) Transportation, including mileage at the priate congressional committees’’ means the fol- (3) REPORTS.—
same rate paid for a permanent change of sta- lowing: (A) INTERIM REPORT.—Not later than one year
tion. (1) The Committee on Armed Services of the after the date of the enactment of this Act, the
‘‘(B) Per diem while traveling between the Senate. Secretary of Homeland Security shall submit to
permanent duty station and professional mili- (2) The Committees on Armed Services of the the Coast Guard committees and the congres-
tary education institution or training site. House of Representatives. sional defense committees a report summarizing
‘‘(C) Per diem paid in the same manner and (3) The Committee on Commerce, Science, and the results of the respective studies required
amount as temporary lodging expenses. Transportation of the Senate. under paragraph (1) that the Secretary has com-
‘‘(D) Per diem equal to the amount of the (4) The Committee on Transportation and In- pleted as of the date of the submission of such
basic allowance for housing under section 403 of frastructure of the House of Representatives. report.
this title paid to a member— SEC. 609E. PAY FOR DOD AND COAST GUARD (B) FINAL REPORT.—Not later than 120 days
‘‘(i) in the grade of such member; CHILD CARE PROVIDERS: STUDIES; after the completion of all respective studies re-
‘‘(ii) without dependents; ADJUSTMENT. quired under paragraph (1), the Secretary of
‘‘(iii) who resides in the military housing area (a) DOD CHILD CARE EMPLOYEE COMPENSA- Homeland Security shall submit to the Coast
in which the professional military education in- TION REVIEW.— Guard committees and the congressional defense
stitution or training site is located. (1) REVIEW REQUIRED.—The Secretary of De- committees a report summarizing the results of
‘‘(E) Movement of household goods in an fense shall, for each geographic area in which such studies.
amount determined under applicable regula- the Secretary of a military department operates (c) COMPENSATION ADJUSTMENT.—
tions.’’. a military child development center, conduct a (1) IN GENERAL.—
SEC. 609B. ESTABLISHMENT OF ALLOWANCE FOR study— (A) DEPARTMENT OF DEFENSE.—Not later than
CERTAIN RELOCATIONS OF PETS OF (A) comparing the total compensation, includ- 90 days after the date on which the Secretary of
MEMBERS OF THE UNIFORMED ing all pay and benefits, of child care employees Defense completes the study for a geographic
SERVICES. of each military child development center in the area under subsection (a), the Secretary of each
(a) ESTABLISHMENT.—Section 453 of title 37, geographic area to the total compensation of military department that operates a military
United States Code, as amended by sections 606, similarly credentialed employees of public ele- child development center in such geographic
608, 609, and 609A, is further amended by add- mentary schools in such geographic area; and area shall ensure that the dollar value of the
ing at the end the following new subsection: (B) estimating the difference in average pay total compensation, including the pay and bene-
‘‘(j) PET RELOCATION ARISING FROM A PERMA- and the difference in average benefits between fits, of child care employees is not less than the
NENT CHANGE OF DUTY STATION TO OR FROM A such child care employees and such employees average dollar value of the total compensation
LOCATION OUTSIDE THE CONTINENTAL UNITED of public elementary schools. of similarly credentialed employees of public ele-
STATES.—(1) The Secretary concerned shall re- (2) SCHEDULE.—The Secretary of Defense shall mentary schools in such geographic area.
imburse a member for costs— complete the studies required under paragraph (B) COAST GUARD.—Not later than 90 days
‘‘(A) to move a pet of the member; and (1)— after the date on which the Secretary of Home-
‘‘(B) arising from a permanent change of duty (A) for the geographic areas containing the land Security completes the study for a geo-
station of such member to or from a location military installations with the 25 longest wait graphic area under subsection (b), the Com-
outside the continental United States. lists for child care services at military child de- mandant of the Coast Guard shall ensure that
‘‘(2) Reimbursement provided to a member velopment centers, not later than one year after the dollar value of the total compensation, in-
under this subsection may not exceed $2,000 in the date of the enactment of this Act; and cluding the pay and benefits, of child develop-
dlhill on DSK120RN23PROD with HOUSE
connection with each permanent change of duty (B) for geographic areas other than geo- ment center employees in such geographic area
station described in paragraph (1). graphic areas described in subparagraph (A), is not less than the average dollar value of the
‘‘(3) In this subsection, the term ‘pet’ has the not later than two years after the date of the total compensation of similarly credentialed em-
meaning given such term in section 2266 of title enactment of this Act. ployees of public elementary schools in such ge-
18.’’. (3) REPORTS.— ographic area.
(b) EFFECTIVE DATE.—The amendment made (A) INTERIM REPORT.—Not later than one year (2) ADJUSTMENT LIMIT.—No child care em-
by this section takes effect on the day that is 180 after the date of the enactment of this Act, the ployee or child development center employee
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H6072 CONGRESSIONAL RECORD — HOUSE July 13, 2022
may have his or her pay or benefits decreased (c) AUTHORITIES RELATING TO NUCLEAR OFFI- ‘‘(b) AMOUNT OF PAY.—Special pay under this
pursuant to paragraph (1). CERS.—Section 333(i) of title 37, United States section shall equal $300 per month.
(3) REPORTS.— Code, is amended by striking ‘‘December 31, ‘‘(c) RELATIONSHIP TO OTHER PAY OR ALLOW-
(A) DEPARTMENT OF DEFENSE.—Not later than 2022’’ and inserting ‘‘December 31, 2023’’. ANCES.—Special pay under this section is in ad-
one year after the date of the enactment of this (d) AUTHORITIES RELATING TO TITLE 37 CON- dition to any other pay or allowance to which
Act, and annually thereafter for five years, SOLIDATED SPECIAL PAY, INCENTIVE PAY, AND a member is entitled.
each Secretary of a military department shall BONUS AUTHORITIES.—The following sections of ‘‘(d) SUNSET.—No special pay may be paid
submit to the congressional defense committees title 37, United States Code, are amended by under this section after December 31, 2023.’’.
and the Coast Guard committees a report detail- striking ‘‘December 31, 2022’’ and inserting ‘‘De- (2) CLERICAL AMENDMENT.—The table of sec-
ing the effects of changes in the total compensa- cember 31, 2023’’: tions at the beginning of such chapter is amend-
tion under this subsection, including the effects (1) Section 331(h), relating to general bonus ed by inserting after the item relating to section
on the hiring and retention of child care em- authority for enlisted members. 336 the following:
ployees and on the number of children for which (2) Section 332(g), relating to general bonus ‘‘337. Special pay: members of the armed forces
military child development centers provide child authority for officers. assigned to permanent duty sta-
care services. (3) Section 334(i), relating to special aviation tions in Alaska.’’.
(B) COAST GUARD.—Not later than one year incentive pay and bonus authorities for officers. (3) REGULATIONS.—The Secretary of Defense
after the date of the enactment of this Act, and (4) Section 335(k), relating to special bonus shall prescribe regulations for the payment of
annually thereafter for five years, the Com- and incentive pay authorities for officers in arctic pay under section 337 of such title, as
mandant of the Coast Guard shall submit to the health professions. added by subsection (a).
Coast Guard committees and the congressional (5) Section 336(g), relating to contracting (b) PILOT ALLOWANCE FOR BROADBAND.—
defense committees a report detailing the effects bonus for cadets and midshipmen enrolled in the (1) ESTABLISHMENT.—Chapter 7 of title 37,
of changes in the total compensation under this Senior Reserve Officers’ Training Corps. United States Code, is amended by inserting
subsection, including the effects on the hiring (6) Section 351(h), relating to hazardous duty after section 425 the following new section:
and retention of child development center em- pay. ‘‘§ 426. Allowance for broadband for members
ployees and on the number of children for which (7) Section 352(g), relating to assignment pay of the armed forces assigned to permanent
Coast Guard child development centers provide or special duty pay. duty stations in Alaska
child development services. (8) Section 353(i), relating to skill incentive ‘‘(a) ALLOWANCE AUTHORIZED.—The Secretary
(d) DEFINITIONS.—In this section: pay or proficiency bonus. concerned shall pay, to a member of the armed
(1) The term ‘‘benefits’’ includes— (9) Section 355(h), relating to retention incen- forces assigned to a permanent duty station in
(A) retirement benefits; tives for members qualified in critical military Alaska, a monthly allowance for broadband.
(B) any insurance premiums paid by an em- skills or assigned to high priority units. ‘‘(b) AMOUNT.—The monthly allowance to a
ployer; (e) AUTHORITY TO PROVIDE TEMPORARY IN- member under this section shall be—
(C) education benefits, including tuition reim- CREASE IN RATES OF BASIC ALLOWANCE FOR ‘‘(1) $125 during calendar year 2023; and
bursement and student loan repayment; and HOUSING.—Section 403(b) of title 37, United ‘‘(2) in subsequent calendar years, an amount
(D) any other compensation an employer pro- States Code, is amended— determined by the Secretary of Defense based on
vides to an employee for service performed as an (1) in paragraph (7)(E), by striking ‘‘December the difference between the average costs of un-
employee (other than pay), as determined ap- 31, 2022’’ and inserting ‘‘December 31, 2023’’; limited broadband plans in Alaska and in the
propriate by the Secretary of Defense or Sec- and continental United States.
retary of Homeland Security, as applicable. (2) in paragraph (8)(C), by striking ‘‘Sep- ‘‘(c) SUNSET.—No allowance may be paid
(2) The terms ‘‘child care employee’’ and tember 30, 2022’’ and inserting ‘‘December 31, under this section after December 31, 2028.’’.
‘‘military child development center’’ have the 2023’’. (2) CLERICAL AMENDMENT.—The table of sec-
meanings given such terms in section 1800 of SEC. 612. INCREASE TO MAXIMUM AMOUNTS OF tions at the beginning of such chapter is amend-
title 10, United States Code. CERTAIN BONUS AND SPECIAL PAY ed by inserting after the item relating to section
(3) The terms ‘‘child development center em- AUTHORITIES. 425 the following:
ployee’’ and ‘‘Coast Guard child development (a) GENERAL BONUS AUTHORITY FOR ENLISTED ‘‘426. Allowance for broadband for members of
center’’ have the meanings given such terms in MEMBERS.—Section 331(c)(1) of title 37, United the armed forces assigned to per-
section 2921 of title 14, United States Code. States Code, is amended— manent duty stations in Alaska.’’.
(4) The term ‘‘Coast Guard committees’’ (1) in subparagraph (A), by striking ‘‘$50,000’’ (3) EFFECTIVE DATE.—Section 426 of such title,
means— and inserting ‘‘$75,000’’; and as added by this subsection, shall take effect on
(A) the Committee on Commerce, Science, and (2) in subparagraph (B), by striking ‘‘$30,000’’ the day the Secretary of Defense prescribes reg-
Transportation of the Senate; and inserting ‘‘$50,000’’. ulations under paragraph (4).
(B) the Committee on Transportation and In- (b) SPECIAL BONUS AND INCENTIVE PAY AU- (4) REGULATIONS.—Not later than six months
frastructure of the House of Representatives; THORITIES FOR NUCLEAR OFFICERS.—Section after the date of the enactment of this Act, the
and 333(d)(1)(A) of title 37, United States Code, is Secretary of Defense shall prescribe regulations
(C) the Committees on Appropriations of the amended by striking ‘‘$50,000’’ and inserting to carry out section 426 of such title, as added
Senate and the House of Representatives. ‘‘$75,000’’. by this subsection.
(5) The term ‘‘congressional defense commit- (c) SPECIAL AVIATION INCENTIVE PAY AND (5) REPORT.—Not later than December 31,
tees’’ has the meaning given such term in sec- BONUS AUTHORITIES FOR OFFICERS.—Section 2027, the Secretary of Defense shall submit to
tion 101 of title 10, United States Code. 334(c)(1) of title 37, United States Code, is the Committees on Armed Services of the Senate
(6) The term ‘‘elementary school’’ means a day amended— and House of Representatives a report con-
or residential school which provides elementary (1) in subparagraph (A), by striking ‘‘$1,000’’ taining—
education, as determined under State law. and inserting ‘‘$1,500’’; and (A) the evaluation of the Secretary of the al-
(7) The term ‘‘pay’’ includes the basic rate of (2) in subparagraph (B), by striking ‘‘$35,000’’ lowance under section 426 of such title, as added
pay of an employee and any additional pay- and inserting ‘‘$75,000’’. by this subsection; and
ments an employer pays to an employee for serv- (d) SKILL INCENTIVE PAY OR PROFICIENCY (B) any recommendation of the Secretary re-
ice performed as an employee. BONUS.—Section 353(c)(1)(A) of title 37, United garding whether such allowance should be
States Code, is amended by striking ‘‘$1,000’’ amended, extended, or made permanent.
Subtitle B—Bonus and Incentive Pays (c) TRAVEL AND TRANSPORTATION ALLOW-
and inserting ‘‘$1,750’’.
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EX- ANCE.—
PIRING BONUS AND SPECIAL PAY SEC. 613. SPECIAL PAY AND ALLOWANCES FOR (1) ENTITLEMENT.—Not later than 90 days
AUTHORITIES. MEMBERS OF THE ARMED FORCES
ASSIGNED TO COLD WEATHER OPER- after the date of the enactment of this Act, the
(a) AUTHORITIES RELATING TO RESERVE ATIONS. Secretary of Defense shall prescribe regulations
FORCES.—Section 910(g) of title 37, United States and guidance that entitle a member of the
(a) SPECIAL PAY.—
Code, relating to income replacement payments Armed Forces, assigned to a permanent duty
(1) ESTABLISHMENT.—Subchapter II of chapter
for reserve component members experiencing ex- station in Alaska, to a one-time allowance for
5 of title 37, United States Code, is amended by
tended and frequent mobilization for active duty air travel for the member and dependents of
inserting after section 336 the following new sec-
service, is amended by striking ‘‘December 31, such member.
tion:
2022’’ and inserting ‘‘December 31, 2023’’. (2) AMOUNTS.—If the air travel is to the per-
(b) TITLE 10 AUTHORITIES RELATING TO ‘‘§ 337. Special pay: members of the armed manent residence of the member, the amount of
HEALTH CARE PROFESSIONALS.—The following forces assigned to cold weather operations the allowance shall equal the total costs of such
sections of title 10, United States Code, are ‘‘(a) SPECIAL PAY AUTHORIZED.—The Sec- air travel. If such air travel is to another des-
dlhill on DSK120RN23PROD with HOUSE
amended by striking ‘‘December 31, 2022’’ and retary concerned shall pay monthly special pay tination within the United States, amount of the
inserting ‘‘December 31, 2023’’: (to be known as ‘arctic pay’) to a member of the allowance shall be equal to the lesser of the fol-
(1) Section 2130a(a)(1), relating to nurse offi- armed forces— lowing:
cer candidate accession program. ‘‘(1) assigned to perform cold weather oper- (A) The rate for such air travel under the City
(2) Section 16302(d), relating to repayment of ations; or Pair Program of the General Services Adminis-
education loans for certain health professionals ‘‘(2) required to maintain proficiency through tration (or successor program) in effect at the
who serve in the Selected Reserve. frequent operations in cold weather. time of such air travel.
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